The judge declared a mistrial in the case of a former Pentagon Police officer who shot two men in Takoma Park, Maryland, in 2021 after the jury twice said it could not come to an agreement.
In a secret ballot, the jury voted 11-to-1 against further deliberations Friday evening, saying they would not be beneficial.
Dominique Williams, James Johnson and a third man were breaking into cars when they encountered David Dixon, who was off duty and out of uniform. Court testimony Monday revealed the men were stealing radios and tools and had just broken into a van in the parking lot when Dixon caught them in the act.
"My intention was to stop a crime in progress, to detain them," Dixon testified Wednesday.
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Security video played in court shows Dixon driving up behind a car sitting in the parking lot of the building where he lives after 5 a.m. April 7, 2021. The parked car's lights come on, and Dixon gets out of his car holding a handgun and flashlight in front of him.
The driver of the parked car puts it in reverse. Dixon follows, pointing his gun at the windshield. The driver then moves forward past Dixon and starts to leave the parking lot when Dixon is seen firing the gun.
Five shots are fired into the car, killing Johnson and Williams.
Dixon's lawyers say it was self-defense.
"I pulled the trigger because I was in fear of my life," Dixon testified.
Montgomery County State’s Attorney John McCarthy says the men in the car were fleeing and Dixon had a duty to retreat.