Herald staff
EVERETT – After deliberating for 33 1/2 hours, jurors in the murder trial of an Arlington man said this afternoon they could not agree on a verdict.
A Snohomish County Superior Court judge declared a mistrial for David C. Schubert, who was charged with killing his wife Juliana 12 years ago.
The jury was split on first- and second-degree murder charges. Nine jurors wanted to acquit Schubert on the first-degree murder charge, with three jurors voting to convict, according to one of Schubert’s public defenders, Richard Tassano.
But on the charge of second-degree murder, nine jurors wanted to convict Schubert, with only three voting against it.
Prosecutors were trying to build an entirely circumstantial case that Schubert, a former Arlington police officer and insurance broker, killed his wife and hid her body.
A decision on whether to retry Schubert will be made later, said Jim Townsend, the county’s chief criminal deputy prosecutor.
Schubert had pleaded innocent and insists his wife simply walked away from him and their two sons, then ages 6 and 8.
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