By Kelly Ryan

SACRAMENTO (CBS13) — A mistrial was declared in the case of a man accused of hitting then-Mayor Kevin Johnson in the face with a pie.

The incident happened last fall when Johnson was hit in the face with a pie, and then retaliated, leaving the pie-thrower bloodied.

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Jurors had deliberated the case for four days. One juror told CBS13 the complex case came down to issues such as whether a pie to the face delivered by activist Sean Thompson constitutes battery.

Juror Mark Urban believes the coconut cream pie to the face was a case of assault and battery on school property.

“Somebody does something like put a pie in their face when it’s not expected, that’s battery,” he said.

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And he says he wasn’t alone and that a majority of the jury believed similarly. Others on the jury believed delivering a pie to the face didn’t rise to that level of severity.

Thompson and his attorney were relatively pleased with the results but maintain his innocence. Thompson doesn’t deny he took a pie to Johnson’s face but believes it was a protected form of speech and not a case of battery.

Johnson was subpoenaed but did not testify in the case.

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The district attorney can retry the case and has until June 7 to arrive at a decision.