A Mistrial in the Kappa Hazing Case

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"Find these five defendants guilty as charged" were the last words of State Attorney Frank Allman as closing arguments came to an end.

The jury began deliberating and about three hours later the jury presented a question to the judge inquiring a more substantial definition of "serious bodily injuries."

Nearly 30 more minutes passed and the jury submitted this statement to the judge: "After serious deliberation by the jury we continue to be unable to arrive at a unanimous agreement on all of the elements," Circuit Court Judge Kathleen Dekker read aloud.

The jury's indecision resulted in a mistrial. The state will have 90 days to decide if they will retry the case.

"The concern here, and I think that is what this verdict is about is, that we see people from the community have difficulty trying to figure out what constitutes serious bodily injuries," added Defense Attorney Richard Alan.

"Obviously we're somewhat disappointed that we did not get the not guilty verdict today but its just making us get prepared a little bit better and hopefully will get a resolution to this in the next few months," said Defense Attorney Chuck Hobbs.

"As far as the presentation of the facts in this case, we're hoping that it will be done in a manner this it is clear as we believe the evidence is to show there is not question that there is 'serious bodily injury in this case,'" said Jones's Family Attorney Roosevelt Randolph.

The Jones family released a written statement saying "what happened to Marcus Jones should not have happened and should not happen to any other young student trying to become a member or any organization."

In the written statement the family also said it is their desire to have the case retried.