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.
"I don't wantto go to school". Who hasn't said that as a kid? Well, some Porterville Unified students may have said it, but they toughed it out every time. Three kids. Nine straight years. Zero quitMore >>
"I don't wantto go to school".
Who hasn't said that as a kid?
Well, some Porterville Unified students may have said it, but they toughed it out every time. More >>
Fresno county sheriff deputies say 20-year-old Jose Miranda of Fresno and Sanger resident 41-year-old Jesse Garcia were trying to sell a stolen car in the southwest Fresno neighborhood. The real ownersMore >>
Fresno county sheriff deputies say 20-year-old Jose Miranda of Fresno and Sanger resident 41-year-old Jesse Garcia were trying to sell a stolen car in the southwest Fresno neighborhood.More >>
A rare World War Two Navy SBD Dauntless Dive Bomber is the newest addition to the Castle Air Museum. The war bird was shipped in on trailer Friday in Atwater. The dive bomber that is missing its wingsMore >>
Castle Air Museum welcomed its newest addition on Friday. It now has a World War II Navy SBD Dauntless dive bomber that flew its last mission in 1943 in the South Pacific. More >>
Fresno police are investigating an early morning fatal stabbing in the Tower District. The incident was reported just after 1 a.m. in area of Wishon and Hedges avenues, police said. Police have shut downMore >>
Fresno police are investigating an early morning fatal stabbing in the Tower District.More >>