A mistrial has been declared in the Richard Demello murder trial.

Jurors this morning sent Judge Alma Hinton a message saying they were at an impasse on finding Demello guilty of first-degree murder. Specifically, the note said 10 believed Demello was not guilty of first-degree murder while two believed he was guilty.

Jurors had the option of also finding him guilty of second-degree murder or involuntary manslaughter. They could have also found him not guilty. The note said the two jurors believing in his guilt in the March 28, 2010, death of Michael Wayne Davis, were immovable.

The note also said there were four jurors who believed Demello was guilty of first-degree kidnapping in the case involving the state’s key witness, Mary Moore. Four believed Demello was guilty of stealing Davis’s car after the murder.

For Davis’s estranged wife, Terri, blame on the mistrial centers on those selected by the defense to serve on the jury. “I think he selected the most ignorant people of Halifax County to be jurors for that reason. I feel like justice has not been served. That was the last thing I promised him (Mr. Davis) holding his hand in that coffin.”

Mrs. Davis, who was separated from the victim but remained close friends, said she was guaranteed that the case would be reopened.

It is unclear when it might be reopened since Demello’s attorney, Steven B. DeCillis, has a disciplinary hearing before the North Carolina State Bar on November 16. That hearing, according to a complaint on the bar’s website, allegedly involves him engaging in sexual relations with a party that his client was seeking damages from in a personal injury case.

The attorney’s answer to the complaint is also contained on the bar’s website.

For Mrs. Davis, the nearly three weeks spent sitting in court since jury selection, “Felt like a living hell, like we were at the house and had to relive the whole incident.”

She believes Demello killed Mr. Davis. “Mike didn’t want him there. He had been trying to get him to leave.”

Mrs. Davis said she believed the jury was stuck on finding Demello guilty of first-degree murder and never explored the other options available. The family would have settled for second-degree murder, she said. “We plea bargained for that and his attorney would not have anything to do with that.”

Nothing, she said, would bring Mr. Davis back, but, “The man needs to pay for what he’s done. I’m so frustrated I feel nauseous. There’s no closure. It was almost three weeks of reliving what he had to go through. Me and my children want final closure.”

Drug use played a part in their separation, Mrs. Davis said. “He had cleaned up and had turned to God and was a good person even when the drugs became an issue. Even during his drug activities I would stop to check on him.”

Mrs. Davis said she believed Moore was a more than credible witness. “She was credible and her testimony was corroborated with the pictures that came out as evidence. I think the jury was hung on first-degree murder and was afraid to send somebody to prison for life.”