Mistrial Declared In Shirley Case - KMPH FOX 26 | Central San Joaquin Valley News Source

Mistrial Declared In Shirley Case

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By: Nicole Garcia

A jury was deadlocked in the DUI case against Jason Shirley.

"We're very disappointed. Mr. Shirley was hoping to put this behind him so he can go on to his professional career," said Charles Magill, Shirley's attorney.

Shirley is now on his way to Cincinnati for training camp.

Shirley is a fifth round draft pick on the Cincinnati Bengals.

In October of 2007, the then Fresno State football player crashed his car into an apartment building in Northeast Fresno.

He was charged with driving under the influence and hit and run because he fled the scene.

"I believe the split was eight for guilt, four for not guilty," Magill said.

The jury could not agree on the hit and run count.

Magill argued that Shirley suffered a concussion days before the crash, which caused him to act drunk, but he was not.

He also told the jury that officers improperly administered the Breathalyzer test, which registered at 0.12% the night Shirley was arrested.

The legal limit is 0.08%.

"One of the things they told us they were concerned about, what the breathalyzer test and the result card, it didn't reflect where there was a failed test, testified to by the arresting officers," said Magill.

Shirley's new trial is set for June 25th.

He is expected to take the stand in his own defense during the second trial.

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