Columbia, SC (WLTX) - A mistrial has been declared in the case of a man who was accused of kidnapping and sexually assaulting a woman at the University of South Carolina.

A jury Wednesday failed to come to a unanimous verdict in the case of 23-year-old Carlos Jovany Hernandez .

The jury got the case earlier in the afternoon, and twice asked questions concerning witness testimonies and the charges. After several hours of deliberations, they told the judge they were deadlocked, but the judge sent them back to deliberate more. However, late in the evening they came back saying they still couldn't reach a decision, and that's when the judge declared the mistrial.

"We weren't surprised by the decision. It's a he said, she said case. They're tough for a jury to decide who they believe and they got hung up on who they believe in and couldn't come to a decision," Ryan Schwartz said.

Schwartz is a part of the team defending Hernandez.

The prosecution declined to comment.

On January 30, prosecutors said Hernandez sexually assaulted a woman after threatening her with a weapon. Police investigators said after the crime, the victim went to her apartment, and her roommate called 9-1-1. The victim later went to the hospital for medical treatment.