Murder Case Ends in Mistrial
The Clay County jury heard two days of testimony and deliberated for eight hours, starting Thursday night. Midgyett and his friend Rodney Cunningham are accused of killing Kelly with a blunt object on March 29, 2006.
The prosecuting attorney says that despite no verdict, he has not given up.
"I felt like the state presented a case that proved the defendant's guilt beyond a reasonable doubt. Obviously we were unable to get twelve jurors to agree with that," said Assistant Prosecutor Steven Berry. "We'll regroup and present the case to another jury of twelve, and hopefully we'll reach a different result."
The prosecution expects another trial for Midgyett to begin within the next few months. Cunningham's trial is set to begin May first.