A jury in Las Cruces could not reach a verdict in Jeremy Bogart's murder trial after nearly 8 hours of deliberations Friday.
They did find Bogart guilty of tampering with evidence, but Judge Doug Driggers declared a mistrial on the murder charge.
Attorneys said jurors could not reach a unanimous decision on the counts of second degree murder or voluntary manslaughter.
Bogart accused of shooting and killing Iraq war veteran Jeremy Hernandez in 2008. Bogart was staying at Hernandez's home at the time and claims he shot the man in self-defense.
Deputy District Attorney Roxeanne Esquibel said they will try this case again and may use different strategies and witnesses. That may include bringing in the victim's wife, Christina Hernandez, to testify.
She was inside the house when her husband was killed. ABC-7 obtained court documents that show she told Las Cruces police she was alone in a room when she heard gunshots. When she came out, documents state, she saw Bogart with a gun and her husband in a pool of blood.
Jurors did not get to hear her account of what happened that night because prosecutors missed a deadline to bring a witness from out of town.
Esquibel said that won't happen again.