After eight hours of deliberation, a Henrico jury could not come to a unanimous vote in a Lakeside homicide case.
Around 11 p.m., a judge declared a mistrial.
Michael Mabry was charged with second degree murder in the shooting death of Donald Sims.
It happened in September 2012 over an argument over dirt bikes being ridden in the neighborhood.
Mabry's lawyer argued it was self defense. The prosecutors tried proving to the jury that it was intentional.
In court, Mabry did take the stand in his own defense. He says Sims threatened him with a gun in the woods because he was angry that Mabry was riding his dirt bike. Neighbors testified Simms was seen with a sword and had threatened to shoot them as well.
Mabry told the jury Sims shouted racial slurs and threatened to kill him. He also testified Sims punched him and that's when Mabry said he pulled out the gun and shot him.
Simms was unarmed during that second confrontation.
Toxicology reports show Sims was extremely intoxicated with a blood alcohol level three times over the legal limit.
Mabry's lawyer David Baugh says he will look for the next available court date for another trial.
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