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Mistrial declared for ex-trooper who hit motorist with rifle

November 11, 2021 GMT

OMAHA, Neb. (AP) — A federal court jury could not agree Thursday on whether a former Nebraska state trooper violated a motorist’s civil rights by hitting in the head with the butt of a rifle, leading to a mistrial.

U.S. District Judge Brian Buescher declared the mistrial in Lindsey Bixby’s case after the jury’s forewoman said it had deadlocked following 2 1/2 days of deliberations. She said 10 jurors voted to find Bixby not guilty and two voted to find him guilty, the Omaha World-Herald reported.

Bixby faced up to 10 years in prison. Assistant U.S. Attorney Lecia Wright said prosecutors will evaluate their case further before making a decision on retrying Bixby.

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The charge stemmed from a high-speed chase in March 2016 through western Nebraska. A video showed Bixby hitting a Colorado man in the head with his AR 15 after the man refused to get on the ground at the end the chase in Sioux County.

The man was later sentenced to two years’ probation for misdemeanors related to the pursuit.

Bixby resigned from the patrol four months after the stop, but the video didn’t become public for more than a year. The case and other problems led Gov. Pete Ricketts to fire the patrol’s superintendent.