A Dallas County judge declared a mistrial Thursday in the case of a former police officer who shot a man he mistook for a burglar, according to the Dallas Morning News.

Jurors deliberated for 10 hours before reporting to the judge that they were deadlocked—8-4—in their deliberations.

Derick Wiley—then an officer with the Mesquite (TX) Police department—had responded to a call from a business owner who reported a suspicious person sitting in a parking lot.

Wiley approached the man—31-year-old Lyndo Jones—and ordered him from his vehicle. Wiley then reportedly shot Jones, who suffered four broken ribs and a lacerated lung.

The Dallas County District Attorney's Office has not said if they will retry the case.

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