EL PASO, Texas - A spokeswoman with the El Paso District Attorney's Office says it will retry a former soldier accused in the death of an off-duty constable.
Last week, a judge declared a mistrial after the jury in the Devon Huerta-Person trial deliberated for more than 11 hours.
Huerta-Person is accused of punching Constable Robert White Halloween Night 2014. White later died and the former Fort Bliss soldier was charged with Capital Murder.
According to court documents and trial testimony, the assault may have triggered a fatal heart attack and the charge was downgraded to Aggravated Assault of a Peace Officer.
Eleven jurors found Huerta-Person "not guilty," while a single juror found him guilty. There is no timeline for a retrial, prosecutors said after the judge's ruling.
Huerta-Person, who is living in California, will remain out on bond while prosecutors decide if they want to proceed with a retrial.