BRUNSWICK CO., NC (WECT) - A mistrial has been declared in a rape trial in Brunswick County.
19-year-old Adam Hudson of West Virginia was accused of raping a 12-year-old relative last year while their families vacationed near Holden Beach.
The jury began deliberating Thursday and told the judge then they were deadlocked. The judge sent them back into deliberations.
Friday morning, the jury once again told the judge they were deadlocked at ten to two. Jurors later said ten people felt Hudson was not guilty. Two felt he was.
The judge dismissed the jury and talked to Hudson and his attorney. The state offered Hudson a sexual battery plea deal. The judge assured Hudson he would not serve time, but the plea deal meant he would have to register as a sex offender in North Carolina and possibly West Virginia.
"If convicted of these charges he's looking at a potential of a 30 to 40 year prison term," said defense attorney Bill Peregoy. "If he could walk away from that with just having probation, he'd be crazy not to consider it."
Hudson refused the deal, saying he wouldn't accept anything that admits to a sex act.
"It's probably been one of the hardest things I've ever faced in my life," said Adam's mother Marla Hudson.
The state could decide to retry Hudson.
"We still have the battle ahead of us, which could be long, but whatever we have to do we're going to fight for his innocence because he is innocent," said Hudson.
"Obviously we're very disappointed that this jury wasn't able to reach a verdict in the case," said District Attorney Meredity Everhart. "But we're sure that the next jury will."