MOULTRIE — After two days of testimony and about five hours of jury deliberation, nine women and three men could not agree Thursday on the fate of accused murderer Anthony Thompson.

The trial against Thompson, who faced burglary, felony murder, aggravated assault and three counts of possession of a firearm during the commission of a crime charges, was declared a mistrial by Judge Frank Horkan. Thompson had been accused in a home invasion burglary at 1022 Fifth Ave. S.W. on Oct. 23, 2006, where Diego Diaz Gomez, 22, was shot and killed.

The case went to the jury Wednesday, and they deliberated for over an hour before Horkan called for the evening recess. They returned Thursday morning and deliberated four more hours before they were called into the courtroom. Horkan asked the foreman about the current decision, which was an 8-4 split on all six counts against Thompson. Horkan asked if the jury could reach a unanimous decision with more deliberation time, but the foreman stated the 12 jurors had reached a stalemate.

The jury informed Horkan they were unable to reach a unanimous decision through notes to him while another trial was in progress. That trial was suspended two times to allow the Thompson jury to address the stalemate and to answer questions of what “party to a crime” means and if the jury could be unanimous on one or two charges but not all six of them.

During the testimony, the jury heard from a variety of witnesses, ranging from experts in a particular field, law enforcement officers and three men who allegedly took part in the burglary with Thompson. They were shown a wide variety of evidence, including photos of the crime scene, autopsy photos, one of the guns supposedly used in the burglary and bullets and shell casings found in relation to the incident.

Co-defendants Tyrus C. Carter, Marcus Adrian Stevenson and Charles Kinsey Jr. were the key witnesses in the case. They have already entered guilty pleas. Assistant District Attorney Brian McDaniel asked each one to describe the events leading up to the robbery and the robbery itself. While specific details may have varied between the three testimonies, Carter, Stevenson and Kinsey all stated Thompson suggested the burglary, carried a .22-caliber rifle with a long clip and kicked in the door.

Defense Attorney Jody Peterman used the varying testimonies of Carter, Stevenson and Kinsey to try to discredit each of them. He told the jury in his closing statement Wednesday the three were all close and had possibly been together following the burglary to label Thompson as the scapegoat.

“They’ve told a thousand lies and contradicted each other hundreds of times,” Peterman said Wednesday.

During McDaniel’s closing statement, he told the jury while there were mix-ups on minute details of the evening, all three were able to point that Thompson was the one who first brought up the robbery and that he was carrying a .22-caliber rifle with a long, curved clip. That also matched the Hispanic testimony of someone carrying a “machine gun.”

“If (Carter, Stevenson and Kinsey) ever had a day to tell as much of the truth as they can,” McDaniel said Wednesday, “it would have been today or yesterday.”

Because this trial was declared a mistrial, McDaniel said Thompson could face another trial by jury at a later date.