LUFKIN, TX (KTRE) - LUFKIN, TX (KTRE) - After 12 hours of deliberation, an Angelina County district judge declared a mistrial right around 2:30 a.m. Saturday in the murder trial of a Lufkin man, due to a hung jury.
Joshua Handy was accused in the April 2009 shooting death of Jerrard Jernigan, 21.
Handy must now go back to jail and prosecutors will determine what to do next with his case. According to defense attorney Michael Nguyen, the next jury selection is set for May 24th. However, he's not certain when the case will go to trial again.
Nguyen says Handy can bond out of jail, but his bond is set at $50,000. He also has a bond set for a burglary charge.
Testimony ended Friday afternoon. The defense argued in Handy's favor, saying the evidence was not there to convict him. The prosecution relied heavily upon three inmates, who testified Handy admitted killing Jernigan after rumors swirled that he had slept with him.
District Attorney Clyde Herrington said Handy was high on wet at the time, and shot Jernigan in the back of the head on Cain Street.
"We know that everybody worked really hard, looked at everything as best as they could. You could tell they spent a lot of time to consider everything that was presented in court," said Nguyen. "You always are left wondering. It's really hard to say right now. It's hard to see which feeling is there, to be happy or to be confused, or a little bit upset. It always turns out the exact same way, kind of a dumbfounded for a little bit."
Nguyen says Handy is "a little bit upset, a little bit sad to hear it but he understands."
Herrington declined to comment because it's still an ongoing case.