Attorneys who dueled to a draw in last month's federal civil rights trial over a Bourbon County sheriff's deputy's possible use of excessive force in shooting an unarmed man were unable to reach a settlement agreement in front of a magistrate judge last week.
Judge James B. Todd signed an order indicating that both parties had "negotiated in good faith" but had not been able to reach agreement.
The case was brought by the estate of Robert Brewer, who was shot by Deputy Ed Rodgers on Sept. 21, 2007. The central question in the trial was whether the shooting was something an "objectively reasonable" officer would do in the same circumstance. Also at issue was whether Bourbon County Sheriff Mark Matthews had properly trained his officers.
U.S. District Judge Jennifer B. Coffman declared a mistrial last month after a full day of deliberations failed to bring jurors to unanimous agreement.
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The case will be sent back to Coffman's courtroom for retrial on Feb. 1.