LUMBERTON -- After about four hours of deliberation, jurors said Friday afternoon they were hopelessly deadlocked and Superior Court Judge Jack Jenkins declared a mistrial in the first-degree murder trial Jerry Dale Jacobs.

Jacobs, 40, of 60 Connie Lane, in Pembroke, was charged with first-degree murder in the April 4, 1999, shooting death of 20-year-old Elvis Gene Locklear. The jury had five choices to consider while deliberating: first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter or not guilty.

Jury foreman Maxie Pittman announced that the jury was split three ways: six to five to one. Defense Attorney Donald Bullard later said that the six votes were for guilty of voluntary manslaughter, five were for guilty of involuntary manslaughter and one was for not guilty.

"I consider this a victory," Bullard said. "He was charged with first-degree murder. This certainly gives the defendant more of an opportunity to negotiate with the state on an agreement."

Assistant District Attorney Martha Duvall on Friday stood in for Gary Price, who prosecuted the case. Duvall declined to comment on the verdict, and Price couldn't be reached for comment.

Locklear had lived in Jacobs' house and was moving out when he was killed. He had returned to Jacobs' house to get some clothes and his go-cart. The shooting followed a fight between the two men that occurred after Jacobs told Locklear he would have to pay Jacobs $100 before he took the go-cart.