Smith declined to comment on whether his client could face a new trial on the charges on which the jury could not reach a verdict.

On Wednesday, the 12-person jury found Valle not guilty of murder and intentional manslaughter in McGrath’s death. When asked by Judge Shari A. Murphy, the foreperson agreed the jury was “hopelessly deadlocked” on a lesser included reckless manslaughter charge.

The judge declared a mistrial on the remaining charges that the jury could have considered, as they remained “hopelessly deadlocked.”