DAVIS (CBS13) — A jury found James Mings guilty of attempted murder, instead of either first- or second-degree murder in the 2011 strangling death of Kevin Seery.

Mings’ defense attorney claimed the victim, who was suffering from diabetes, wanted to die. His attorney says Mings choked Seery until he passed out. But he says it was another man in the home, Tom McDermott, who later shoved a shock down Seery’s throat, ultimately causing his death.

The jury deadlocked on a special circumstance in the case, which could add more time to the 5-to-9-year sentence Mings faces. A hearing is set for May 22, where a judge could make the decision.

But prosecutors presented a different case, saying Mings and McDermott mave have conspired together to end Seery’s life.

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