UPDATE: Assault case dismissed against former Red Bank police officer after mistrial
The jurors deliberated for nearly 11 hours before the mistrial was declared.
UPDATE: The charges filed against former Red Bank police officer Mark Kaylor have been dismissed following last week's mistrail when the jury could now reach a unanimous verdict.
Prosecutors won’t seek to retry Kaylor.
PREVIOUS STORY: Judge Tom Greenholtz has declared a mistrial in the assault case against former Red Bank police officer Mark Kaylor.
After deliberating for nearly 11 hours during two days, the jury sent a note to Judge Tom Greenholtz indicating they cannot agree on a verdict in the assault case against former red Bank police officer Mark Kaylor.
The jury foreman has told the judge they are "hopelessly deadlocked."
The jury could not reach a decision in the charge of Official Misconduct, but on the charge of aggravated assault, the jury found Kaylor not guilty
The judge then declared a mistrial on the remaining charges. Which means Kaylor will continue to be out on bond, awaiting trial for the second time.
Kaylor's attorney, Lee Davis, said it's hard to say what the jury had trouble with.
"The jury deliberated for a couple days, and they rendered this is their verdict. I respect what the jury's done," Davis said, "I respect their work, I'm not going to guess or second judge them and we'll come back on Nov. 9th."
Kaylor is now due back in court on Nov. 9th to discuss a new trial date. Because he was acquitted of Aggravated Assault, Kaylor is now charged with the lesser charge of Reckless Assault and Official Misconduct.
PREVIOUS STORY: The closings arguments have concluded in the assault case against former Red Bank police officer Mark Kaylor. The jury started their deliberations around 10:30 Thursday morning.
During the trial, Kaylor admitted to striking Candido Medina-Resendiz in the face as he was trying to put him in handcuffs.
Prosecutors argue that his actions were out of anger and he wanted to hurt Resendiz, so that's why he punched him seven times.
"There's one strike, there's two, if this is done because he's resisting, why don't you stop and see if it worked?" the prosecutor said, "Three, four, if this is done to protect himself from being bitten, why don't you stop after you've broken his eye?"
The defense argues Kaylor acted reasonably and within his authority as an officer to get the man in custody.
"With all due respect to the prosecution that is nonsense, that is absolute nonsense. You don't stop and reflect with this man struggling underneath you," Defense attorney Lee Davis said.
Jurors must agree on a verdict on one charge of aggravated assault and one charge of official misconduct.
The jurors continued deliberating until they were ultimately told to return to court tomorrow.
Channel 3 will provide updates from the courthouse as they become available.
PREVIOUS STORY: Former Red Bank Police Officer Mark Kaylor is accused of beating up a suspect during a 2014 traffic stop. He faces charges of aggravated assault and official misconduct.
Kaylor's defense is that he did what he had to do to get the man in custody, and he told jurors that himself Wednesday in court when he took the stand to testify.
"At that point, I hear them giving him commands to get out of the car, put his hands on the car, put his hands behind his back, the next thing I know I see them take him down," Kaylor said as he described the April 2014 incident.
Kaylor said the incident started when he pulled over a car for suspected drunk driving of Dayton Blvd.
The driver of the car failed a field sobriety test and was arrested. But his passenger, Candido Medina-Resendiz, would not cooperate with police.
The whole thing was recorded on Ofc. Kaylor's dash cam. Jurors saw video of multiple officers trying to get him into custody.
The man had been tazed and other officers were holding him down trying to get him handcuffed.
Then, jurors saw Kaylor punch him seven times in the face.
"Out of the corner of my eye I see his face turn, he's going to bite right here, his face open, his mouth turned toward me," Kaylor said, "And at that point I strike him."
The prosecution argues Resendiz didn't understand what was going on because he only speaks Spanish. His mugshot shows severe bruising and bleeding on his face and he fractured one of his bones.
The state's expert witness, who testified in police use of force, believes Kaylor didn't have to take it that far.
"Head strikes should be reserved for when an officer's actually defending themselves," said Det. Jerry Rogers, a Bradley County Sheriff's Office employee and Use of Force instructor at Cleveland State, "When the officer feels that he or she is in danger."
The defense's expert witness in use of force disagrees.
"I maintain, that if somebody is trying to bite me I'm going to hit him. I'm going to hit him in the face, I'm going to hit him wherever I can hit him if they're trying to bite me," said retired Chattanooga Police Deputy Chief Skip Vaughn.
The victim in this case took the stand and testified Tuesday. He is also involved in a federal lawsuit against Kaylor and the Red Bank Police Department.
Resendiz was not in the courtroom Thursday.
Jurors were sent home early after both sides rested its case. They will hear closing arguments on Thursday and deliberate a verdict.