MADISON COUNTY, Ala. (WHNT) — A new trial date has been set after the judge declared a mistrial in X’Zavier Kamontae Scott’s first murder trial on May 2.

Scott is charged with capital murder in connection to the stabbing death of 29-year-old Tiffany Kelley.

After jurors heard opening statements on the second day of the trial in May, Scott’s attorneys made a motion for a mistrial.

Any discussion of Scott being violent toward/hitting Jackson was to be barred from testimony, according to a pre-trial agreement. When an investigator was testifying, that topic came up and Scott’s attorneys asked for a mistrial, stating “That bell can’t be un-rung.”

The judge went to his chambers to “think about it” but came out moments later to declare the mistrial.

Now, Scott is set to go on trial again on October 16, 2023, according to online court records.

In September 2018, investigators say then-21-year-old Scott and his 16-year-old girlfriend Domanek Jackson, approached Kelley at a store in South Huntsville to ask for a ride. Investigators say Kelley apparently agreed to give the pair a ride.

Kelley was on her way home to pick up some items before driving Scott and his girlfriend to their destination, and as she was reportedly about to turn into her mobile home community, she was stabbed multiple times and thrown out of the car.

The pair then took her car and traveled to Clarke County, where deputies found them. They were extradited to the Madison County Jail on September 28, 2018, and charged with capital murder.

During Jackson’s trial last year, Scott testified that he was the one who stabbed Kelley.

Jackson was found not guilty of the murder, but jurors convicted her of robbery and she was sentenced to life in prison.