After six hours of deliberation, the jury in the first degree murder trial of Fountain resident, Philip Dean Brock came back deadlocked and Judge Brantley Clark declared a mistrial.
Brock was accused of shooting, stabbing, and bludgeoning his neighbor Terry Brazil to death last December. Brock was also charged with robbery and grand theft.
Earlier Friday, after 26 witnesses, Brock took the stand in his own defense.
The 57-year old was visibly nervous and at times emotional discussing his relationship with Terry Brazil; a man he considered a friend, neighbor and business colleague.
Brock said he never stole any of Brazil's property, including Brazil's Cadillac that was found on Brock's land. He said Brazil dropped off the car before he was scheduled to go out of town in order for Brock to look after it.
After more than an hour of testimony, a tearful Brock answered the big question delivered by the defense.
"Did you shoot him," asked Defense Attorney, Kim Dowgul.
"No Ma'am I did not," Brock replied.
"Did you stab him?"
"No Ma'am, I did not."
"Did you beat him over the head with anything?"
"No ma'am I did not."
"Did you kill him?"
"No ma'am, I did not," Brock choked out.
Before the jury went to deliberation at 3:30 Friday afternoon, they heard the closing arguments of Assistant State Attorney, Larry Basford and the Defense's Dowgul.
Dowgul addressed reasonable doubt, bringing up the evidence, and lack of blood found from items allegedly stolen from Brazil's property, as well as the lack of blood and hair on the bedpost that the State said is a murder weapon.
"I'm going to ask you to return the only true verdicts there are. That is not guilty...not guilty of first degree murder. Not guilty of robbery and not guilty of grand theft," she pleaded to the jury.
The State fired back in somewhat disbelief, accusing the Defense of crying "set up."
"Was this a set up? We heard that word several times during the closing arguments. Set up. Somebody is trying to set the defendant up? The sheriff's office is trying to set the defendant up? Is that the defense in this case," said Basford. "[Brock] took [Brazil's] property that night. I'm talking about those guns, I'm talking about those coins, and I'm talking about that wallet that was never found. Yet, [Brock] took something more important that all of those things and worth way more...[Brock] took [Brazil's] life."
Ultimately, their arguments were not enough to sway the twelve jurors. Twice they reached a deadlock, before Judge Brantley Clark discharged the jury and declared a mistrial.
Brock will be tried again. An October 10th date has been set for a pre-trial.