A judge has declared a mistrial in the deadly gas station explosion case in Rockbridge County.
Rob Dean, the defense attorney in the case, confirmed the mistrial.
“Yes, Judge declared mistrial," Dean said. "The prosecutor has the option to schedule another jury trial. But he wasn’t prepared today to make that decision."
The judge has asked the prosecutor to advise the court by October 31 whether they will seek a retrial.
On Monday, August 29, the jury deliberating the case could not agree on whether the defendant was guilty or not guilty.
Phillip Westmoreland, who had filled the outdoor gasoline tanks at the South River Market in Buena Vista in 2019, faced four counts of involuntary manslaughter after a blast leveled the building about an hour after he had filled the tanks.
More on this story from our media partner, ABC 13 - WSET.