A mistrial has been declared in the murder trial of Tavarus “ Tater” Ivey, who was charged in the March 2009 shooting death of Corey “Biscuit” Graham.

Ivey’s attorney, Gilbert Chichester, said nine jurors were convinced Ivey was not guilty of the crime while three were convinced he was guilty.

The state can choose to retry the case at some point in the future or the state can dismiss the case. Ivey remains out on bond until such time the state decides whether to proceed with the case.

Graham was shot and killed in the parking lot of the Interstate BP.