Jurors were deadlocked on the fate of Del City police Capt. Randy Trent Harrison and were excused from the courthouse in the early hours of Tuesday morning.
Judge Donald Deason instructed them to return to court Tuesday at noon for more deliberation.
It was the sixth day of the first-degree manslaughter trial in Oklahoma County District Court.
The jury began deliberating about 4:30 p.m. By midnight, 10 jurors were in agreement on one side, 1 on the other side, and 1 is reported to have refused to participate in deliberation. The jury foreman did not disclose how the jurors voted.
A mistrial had not been called in the case. After the jurors said they were deadlocked, the judge and attorneys gathered to discuss whether jurors could agree on an outcome. At 12:45 a.m., Deason sent them home with instructions to come back at noon.
Harrison is charged in the death of Dane Scott, 18. Scott was fatally shot in the back following a police pursuit and scuffle in southeast Oklahoma City March 14, 2012. He had been disarmed before being killed by Harrison.
If convicted, Harrison faces four years to life in prison.
“A good police officer crossed the line. He didn't follow the rules,” Assistant District Attorney Gayland Gieger said in closing arguments Monday afternoon.
“It became personal between Capt. Harrison and Dane Scott,” he said.
“At the time deadly force was used, this police officer was not justified in shooting, shooting, shooting, and finally killing,” Gieger said.
“There is no reasonable doubt in this case,” he said.
But defense attorney Doug Friesen argued that Harrison was just doing his duty and responding only to the threat of Scott.
“All Dane Scott had to do to get a different outcome was to stop. That's all he had to do,” Friesen said.
“They would like you to think Capt. Harrison is an out-of-control maniac,” he said.
“It's just another day at the office for him. It's just another bad guy.”
“When he had a clear shot and the legal reason for doing so, he took the shots,” Friesen said.
‘Trained to respond'
Harrison wept openly when he testified about the final moments of Dane Scott Jr.'s life Monday morning.
“I wanted to save his life. I was the one who shot him, so I wanted to try and make him live,” Harrison testified.
“I told him not to die on us.
“I didn't want him to die. He's a human being.”
Harrison also recounted the high-speed pursuit, the ground scuffle and the shots he fired.
He said he saw Scott point a gun in his face and that when he initially tried to shoot Scott, his gun jammed.