SACRAMENTO (CBS13) – A mistrial has been declared in the trial of the man accused of throwing a pie in the face of then-Sacramento mayor Kevin Johnson.

Jurors said Monday they were deadlocked in the case of Sean Thompson, who was facing felony assault and misdemeanor battery charges.

The judge ordered them to deliberate last week after they couldn’t decide on one of the charges.

Thompson says he planned the pie throwing as an act of civil disobedience, but the prosecution argued it’s a case of assault against a public official.