"It is our commitment to retry this matter."
Prosecutors accused Jacob Joseph Dix of committing a state felony by burning the tiki torch, which intimidated others. Three jurors voted guilty, eight said not guilty, and one did not make a decision after almost 12 hours of deliberating.
The prosecution argued that because Dix was part of a group where one of the participants broke the law, he must be found guilty. The defense claimed that Dix should be judged on his actions alone and saying "You will not replace us" was protected speech under the First Amendment.
Prosecutor Shannon Taylor said she intends to re-try the case. "It is our commitment to retry this matter," Special Prosecutor Shannon Taylor told CBS.
"We're going to take the time to go back and review what has been done so far, see if there's some additional avenues that we were unable to get to last time, and see if there's some additional evidence out there,"
Defense attorney Peter Frazier told the outlet he was "looking forward” to retrying the case, confident that “we will be successful whenever the next trial may be."
The parties are due back in the Albemarle County Circuit Court on August 22, where the prosecution will seek to reschedule the case and the defense will make a motion for it to be dismissed.
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