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Partial verdict and mistrial in Corbin Whyte trial

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CNY/NNY/S. Tier: Partial verdict and mistrial in Corbin Whyte trial
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Another trial for Corbin Whyte in Ithaca has ended in controversy. Whyte was accused of killing Paul Garcia back in December 2010 and yet again, a jury had trouble deciding Whyte's fate. Tamara Lindstrom has the latest.

ITHACA, N.Y. -- A third Corbin Whyte trials ends with both a mistrial and a partial verdict.

After five days, the jury found Whyte not guilty of robbery, guilty of tampering with evidence and they were never able to deliberate the murder charge.

Whyte is accused of shooting and killing Paul Garcia, 47, back in 2010. Prosecutors say it happened when Whyte and another suspect were robbing Garcia.

The felony murder charge was dependent on the jury agreeing that Whyte was in the process of committing a felony when Garcia was killed. The jury was deadlocked on the alternate charge of attempted robbery, which meant they couldn't move forward on the murder charge.

"Obviously, it is a tough case. There is some satisfaction in seeing guilty at least on the tampering with evidence. I think that really shows the foresight of DA Wilkinson on staying with this case. Certainly the jurors gave it their best. Five days of deliberation with the evidence they had is a tremendous effort on their part," said Assistant District Attorney Andrew McElwee.

"This is now the third jury that has deliberated on this case for six days. The previous two had deliberated for five days each. So we now have over sixteen days of deliberation on the same facts and no jury has been able to determine that this man is guilty of the murder," said defense attorney Ray Schlather.

Whyte's attorney said he will make a motion to dismiss the murder charge and may appeal the tampering with evidence conviction.

The DA's office says they haven't decided whether or not they will seek a fourth trial.

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