For the second time a former Mesquite police officer is back on trial for shooting and injuring an unarmed man in 2017.
The hung jury consisted of eight jurors in favor of an acquittal and four voting 'guilty' after two days of deliberation.
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Jurors must decide if Lyndo Jones was a defiant man or the victim of an out-of-control Officer Wiley.
Police body camera video of the November 2017 confrontation was once again at the center of testimony.
Wiley's defense saying a defiant suspect left Wiley no choice but to shoot.
"This man [Wiley] had to make a decision within 56 seconds. Holy moly. 56 seconds. Split second decision: life or death," said defense attorney Rafael Sierra during his opening statement. "This case is anything but simple. They want you to see it in a vacuum. This case is about a defiant man, a peace officer and politics."
"This is a case of a reckless police officer who, from the minute he showed up, was hell-bent on violence," said Prosecutor Bryan Mitchell.
Mitchell argued that the case is indeed simple.
"It is simple because a man, unarmed, was shot twice in the back by a police officer while trying to get away from him," said Mitchell during his opening statement. "[Jones] never tried to take Derick Wiley's gun from him. He never fought. Nothing. All he wanted to do is get away from this unreasonable officer who was out of control that night."
Jones took the stand, as he did in the first trial and explained why he forced his way off the rain-soaked ground and chose to start running from the officer.
Jones said the officer put 'a whole bunch of pressure' on his back.
"I got up and saw [Wiley] had his gun out and I said: don't shoot and he shot me anyway," said Jones.
Jones admitted he bought $150 worth of marijuana and cocaine in Arlington and when he got lost on his way to pick up a step-child at daycare, chose to drive to a parking lot of a business to get high.
Jones car alarm began sounding repeatedly, alerting the owner of the business who later called 911 to report a suspicious person in the parking lot.
Officer Wiley told backup he would respond and advise the situation.
Wiley's body camera was recording when he approached Jones' truck, immediately yelling at the driver to get out of the vehicle and get on the ground.
Wiley repeatedly used profanity in his demands.
Jones is seen initially complying, before wiggling his way out of custody, getting up and moving away from the officer before being shot twice in the back.
Wiley's defense sparred with Jones for several hours, detailing his education, criminal history and drug use before the confrontation.
"You think that's a good decision to drive on our public streets doing illegal drugs," asked defense attorney Glynis McGinty.
"Obviously not, I couldn't do it at home. I got kids at home," responded Jones.
Details, Jones' civil attorney, said Wiley did not know when he shot Jones.
"The defense has been focusing more on things that have nothing to do why we are here today," said attorney Daryl Washington.
Wiley testified in his own defense in the first trial.
It is not clear if he will testify in this second trial.
If convicted of aggravated assault with a deadly weapon by a peace officer, Wiley would then face 5 to 99 years in prison.