The jury deliberated about nine hours before a mistrial was declared because it could not reach a unanimous verdict in the case of a man accused in a 2021 homicide.

Judge Timothy McCune asked the jury at least twice if it needed additional clarification on the law in the case against Hassan Brack, 38, of Huntington, who Butler police accused of killing Hakeem Moran, 31, at 109 College St. in Butler in December 2021. The jury both times declined further clarification.

Assistant district attorney Robert Zanella asked McCune to give the jury until the end of the day to reach a unanimous verdict, but McCune denied the request saying the jury had already deliberated for nine hours and witnessed two and a half days of testimony.

The rest of the day would have amounted to about three and a half more hours.

The trial began Monday in Butler County Common Pleas Court, and the jury began deliberating Thursday after hearing closing arguments.

District Attorney Richard Goldinger said his office plans to refile the case and will evaluate how the evidence was submitted and witnesses were prepared.

“We feel strongly we had a good case, and it was presented well by ADA Robert Zanella,” Goldinger said.

Defense Attorney Rebecca Black was not immediately available for comment.

Black argued the police investigation relies on “proven liars” willing to say anything to avoid prison. She said police did not attempt to verify statements from co-defendants Kahlil Z. H. Rippy Jr., 26, and Brooke R. Fair Smith, 31, both of Butler.

Zanella argued investigations do not have to be perfect to prove guilt, and people who witness chaotic events don’t always remember them correctly.

Rippy Jr. and Fair Smith agreed to testify against Brack for leniency in sentencing. Rippy will be sentenced to serve 4 to 10 years in prison, and Fair Smith will be sentenced to 3.5 to 10 years in prison.

Retired Lt. Chad Rensel, the lead investigator, testified surveillance footage showed Brack and Rippy outside Moran’s home, but their faces can’t been seen since the video was taken after sunset. He also testified there was no evidence of Brack in the home. Fair Smith’s DNA was found on the knife — not Brack’s — and the gun was never found.

The two co-defendants testified Tuesday they lied to police in previous statements but testified truthfully in court.

Police allege the three defendants planned to rob Moran of drugs. Fair Smith purchased drugs from Moran then signaled Brack and Rippy waiting nearby to enter the home after she left.

A struggle ensued when Brack and Rippy entered the home. Rippy said Brack forced a man and woman in the home downstairs and pistol whipped the man when he resisted. Rippy said Brack then forced them both into the bathroom and told Rippy to be the lookout.

Rippy said when Brack went downstairs to find Moran, the two got into a struggle. Brack dropped a gun in the struggle and pulled out a knife instead to stab Moran before Brack retrieved the gun and shot Moran in the back. Rippy said he didn’t know Brack brought any weapons.

Rippy said he and Brack ran out of the house, and Brack handed him the knife to drop under a car before they were recorded by a surveillance video running down Linden Street.