BEAUMONT — After more than six hours of deliberating, a Jefferson County jury was unable to reach a unanimous decision in the DeMarcus Brown theft case, leading a district judge to declare a mistrial.
The jury was polled and nine voted "guilty," while three voted "not guilty."
PREVIOUS REPORTING: Both sides have rested in the trial of DeMarcus Brown and this afternoon, a jury will decide whether the Beaumont man is guilty of stealing from Walmart.
Jurors were sent home after about four hours of deliberation.
A Walmart security expert has raised doubts on whether Brown even committed a theft. Adding to the controversy surrounding Brown's arrest is a picture that went viral, showing him bloodied on the ground.
Brown needed stitches on his head and had a broken eye socket from a scuffle with police. Brown accuses the officers of beating him up and causing those injuries.
Officers arrested Brown claiming he stole a television from the Dowlen Road Walmart. A loss prevention employee who monitored Brown while he was in Walmart says Brown took a shopping cart to the TV section, put one in his basket then walked to the back of the store.
But he says Brown never crossed the point of sale line and initially Walmart did not consider it theft.
The incident happened April 5 of last year, but Walmart didn't file the police report until April 27.
The Walmart employee testified it was police officers who convinced store officials they had enough evidence for a theft case.
PREVIOUS REPORTING: A Beaumont man who received national attention after a photo of him went viral is on trial for theft.
A picture shows DeMarcus Brown bloodied and on the ground last April 5 outside the Dowlen Road Walmart.
Brown claims officers beat him up, but police say Brown resisted arrest after they caught him stealing a television.
Brown is on trial for the theft charge. A jury of 11 women and one man will decide whether he's guilty. If convicted, he could face up to two years in State Jail.
Brown believes he's the victim. Shortly after his arrest, his father told KFDM/Six News on Fox that his son suffered several injuries at the hands of Beaumont police, including a broken eye socket.
The Jefferson County District Attorney's office asked the Texas Rangers to investigate Brown's claims.
Rangers completed their investigation and have turned over their findings to the DA's office.
The District Attorney isn't releasing information about the claims because of the ongoing trial.