A Deadlocked Jury Caused a Mistrial for Jason Shirley

Fresno, CA Shirley has been on trial for an October crash. He is accused of driving drunk, crashing into a Fresno apartment and leaving the scene. Jurors said on the DUI charge they were split six for guilty and six not guilty. An unidentified juror described deliberations as very tough. She said, "I thought he was innocent."

Juror number four asked Action News not to reveal her identity. She said, "I believe he was drunk. I believe he hit and run." Juror four offered the prosecutor advice if Shirley is tried again, "Probably not say he is a Fresno State football player." The reporter asked, "how did that change this for you?" Juror 4 answered, "To me it didn't. But to some people I think it did."

Shirley's defense team argued two days before the crash; the former Bulldog football star suffered a concussion during a game and that injury made Shirley appear drunk. The district attorney's office is unsure if Shirley will face a retrial.

Charles Magill is Shirley's defense attorney. Magill said, "I think under the circumstances of this case, it really should settle. I don't think it will. But I think it will get better the second time around."

Shirley was drafted by the NFL's Cincinnati Bengals in April. He wouldn't say how, if at all, this case is impacting his pro football career. Shirley appears in court later in June. At that time, Shirley should know if he will be retried.