DETROIT, Mich. —
The judge listed several factors for the jury to consider on the involuntary manslaughter count. To convict, the jury had to find that he willfully disregarded possible injuries to others by failing to control his gun, as well as other elements.
"We are stuck," the jury said in its first note Tuesday.
Before dismissing the jurors, the judge asked if anyone believed that more deliberations would be fruitful if "some matters" could be addressed. She didn't elaborate. Only one juror raised her hand.
"One out of 12 probably won't be enough," Hathaway said.
The mistrial doesn't mean the charges go away. Hathaway wants to discuss the status, including another trial, on July 25.
"The Wayne County prosecutor's office is prepared to proceed with the case," Prosecutor Kym Worthy said in a statement.
There was no immediate comment from Weekley or his attorney, Steve Fishman.
Weekley, the last witness during the eight-day trial, admitted he must have pulled the trigger, but only because he was trying to wrest the gun from Jones. No other officers, however, testified about a struggle with Aiyana's grandmother. One said Detroit police are taught specific techniques to keep a gun away from someone who grabs it.
Prosecutor Rob Moran all but accused Weekley of lying, telling the jury in closing remarks: "It did not happen."
Weekley said he was distraught after the shooting and was shaking and vomiting.
"I just feel devastated and depressed," he testified. "I'll never be the same, no."
Separately, a videographer for the "The First 48," Allison Howard, is charged with perjury and withholding video crucial to the investigation. Her trial is set for June 24.