EVANSVILLE, Ind. (WEHT) — After hours of deliberation, a judge declared a mistrial Tuesday in the case against Jacob Bengert.
The declaration is due to a hung jury.
Bengert is charged with the murder of his son back in January.
Police were called to Bengert’s home after Bengert’s infant son was found not breathing.
An autopsy shows the baby suffered massive blunt force trauma and the child had burn marks on his hands and feet.
Bengert took the stand in his own defense on Tuesday.
The jury was unable to come to a unanimous decision.
The judge can decide if the case will be re-tried.
The baby’s mother, Chelsea Marksberry, was charged with Neglect of a Dependent Resulting in Death.
Her trial is set for October 26.
(This story was originally published on Sept. 22, 2020)
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