EL PASO, Texas (CBS4) -- The re-trial for Devon Huerta, accused of punching a constable who died the same night, ended in a hung jury.
After more than 13 hours of deliberation, the jury handed a written note to the judge Friday that read “we keep deliberating and we still arrive in a deadlock. Our decision is 11-1."
Judge Patrick Garcia declared a mistrial.
Only one juror found Huerta guilty of aggravated assault of a public servant.
Huerta was charged after a fight that happened on Halloween night in 2014; with Constable Robert White . White died of heart failure after the altercation.
Huerta’s attorney was disappointed with the mistrial.
“I would be shocked if the DA made a decision to retry this case because under the facts and circumstance it would be a waste of time to do it again and it would be a big waste of taxpayer dollars,” Dolph Quijano said.
White was tried in in December 2016 and the outcome was similar to Friday’s. The jury then deliberated for about 12 hours and did not come up with a decision.
The question was whether a blow to the face may have caused White’s death.
Both the state and the defense brought up the number of witnesses who were able to definitively say whether a punch to White’s face did or didn’t happen.
The defense argued only one witness was able to testify that a punch did occur. The state argued that the other witnesses couldn’t say a punch did or didn’t happen because they admitted to not seeing the entirety of the fight.
White's friends and family have been in the courtroom this week listening to the evidence. They tell us they’re just looking for closure.
Meanwhile, Huerta has been out on bond and will be able to return home until the district attorney makes a decision on whether to retry the case for a third time.