Columbia, SC (WLTX) - A judge has declared a mistrial in the case of a man accused of killing a two-year-old girl.
The turn of events happened late Thursday in the jury trial of Daniel McAllister, who was charged with homicide by child abuse in the death of Christiana Gallishaw. Previous Coverage: Murder Trial of 2-Year-Old Underway
Jurors deliberated for several hours Thursday and came back with a verdict of not guilty. However, prosecutors requested that the jury be polled individually. Each juror was asked if not guilty was their verdict, and one of them said it was not.
Judge Tommy Cooper then declared a mistrial.
Gallishaw was just two years old when she was found dead in December of 2007. McAllister was the boyfriend of the mother, and was caring for the child when she died.
McAllister told investigators the child fell and hit her head.
Prosecutors say McAllister was responsible, and that the child died from blunt force trauma and violent shaking. The defense, however, says police never gave McAllister a chance and pinned the death on him right away, while ignoring important evidence.
The case may be retried at a later date.