A mistrial was declared Tuesday in the trial of a former Gallaway Police Chief.
Billy Phillips was charged with theft and official misconduct.
An indictment against Phillips accuses him of pocketing $5,500 from the sale of a high powered engine that was donated to the city.
Phillips has maintained he is innocent.
Tuesday, a jury deliberating the case told the judge they were deadlocked.
Prosecutors will now have to decide whether or not to retry Phillips.