A Montgomery County Circuit Court judge on Friday declared a mistrial in the case of David Hall Dixon, a former Pentagon officer who fatally shot two people outside a Takoma Park apartment complex in 2021.

After two days of deliberation, 12 jurors could not reach a unanimous decision in the trial that began on Feb. 13. Dixon was charged with two counts of second-degree murder for the killing of 32-year-old Dominique Williams and 38-year-old James Lionel Johnson outside his apartment building in the early morning hours of April 7, 2021.

Much of the trial focused on surveillance video from the apartment complex, which showed Dixon, an off-duty Pentagon Force Protection Agency officer at the time, firing into a vehicle as it drove away from him in the parking lot of his apartment complex. According to the Washington Post, Dixon claimed he was “in fear of [his] life,” and acted in self-defense.

He fired a total of five rounds, killing Williams and Johnson. He was also charged with the attempted murder of Michael Thomas, the driver of the vehicle, who was not injured. During the trial, Thomas, who drove Williams and Johnson to the hospital after they were shot, told jurors that the three were in the parking lot that night to break into vehicles, according to the Post.

Both the Washington Post and NBC 4 reported that the jury was deadlocked 11 to 1, with the majority wanting to convict Dixon on two counts of second-degree murder, and a single juror favoring a voluntary manslaughter conviction. The case will be re-tried, according to a spokesperson for the Montgomery County State’s Attorney’s office. Jury selection will begin on Sept. 28, with the trial set to begin on Oct. 2, 2023.

Dixon is currently being held without bond. He is set to appear in court for another trial on Feb. 27 for charges of first-degree assault in a separate incident in 2020. After the shooting in 2021, video footage surfaced of Dixon pointing a gun at an unhoused woman having a mental health crisis in the lobby of his apartment building.

Previously: 
Off-Duty Pentagon Officer Charged With Second-Degree Murder After Takoma Park Shooting
Off-Duty Pentagon Police Officer Fatally Shoots Two People In Takoma Park

This post has been updated with the dates for a new trial.