A judge has declared a mistrial in the murder trial of a former Bastrop County, Texas, sheriff’s deputy after a jury was unable to reach a unanimous verdict after deliberating for nearly 20 hours, reports the Austin Statesman.

He was on trial for a murder charge in the on-duty shooting death of Yvette Smith in February 2014. At noon, the presiding judge told the court the jury sent a note indicating that they were unable to reach a verdict.

The judge polled the jurors individually, asking them each if they would be unable to change their minds. Eight were in favor of guilty; four were in favor of not guilty.

Special prosecutor Forrest Sanderson said he will try the former deputy again on a murder charge and will not seek any lesser charges against him.

Sanderson said any new trial probably would not happen until some time next year.

The former deputy was on trial for murder in the shooting death of Yvette Smith in February 2014.