Judge declares mistrial for former Madison teacher accused of shooting daughter’s boyfriend

HUNTSVILLE, Ala. - The jury in Fitzgerald McQueen's trial came back deadlocked twice on Thursday after deliberating for more than a day.

Judge Donna Pate declared a mistrial for the former Madison teacher charged with second-degree assault.

Fitzgerald McQueen is charged for the shooting of Jaizon Collins, who was 18 at the time of the shooting. McQueen shot the teen in his 14-year-old daughter's bedroom.

The mistrial was declared at 3:15 p.m. Thursday.

The defense said McQueen is relieved with the mistrial, but it's not the same as being exonerated.

The prosecution is weighing whether or not to bring the case to trial again.

WHNT News 19 is in the courtroom on verdict watch.  Make sure you have our Breaking News alerts enabled on our app -- we'll update you as soon as the decision is in. We'll also have the latest on WHNT News 19.

During testimony, McQueen's lawyers argued their client told Collins twice not to move. The defense said McQueen found the teen in his 14-year-old daughter's closet, naked. This was at 2 a.m. on November 12, 2015 in the McQueen home in Anderson Hills.

Defense attorney Bruce Gardner said McQueen warned Collins twice not to move. Gardner said the teen lunged at McQueen and he fired.

However, Collins testified McQueen opened the closet and shot him without a word.  Collins also testified he was wearing shorts.

McQueen was a teacher in Madison City Schools, but was reassigned within the school system after the shooting.

Prosecutors had initially charged Collins with second-degree rape, because he turned 18 the night of the shooting and the girl was more than two years younger. However, those charges were dropped.