The jury deliberated for 12 hours before telling Circuit Judge Edgar Dickson early in the morning they were deadlocked.
Former Eutawville (yoo-TAH-vill) Police Chief Richard Combs was charged after shooting Bernard Bailey three times in May 2011.
Prosecutor David Pascoe said he will evaluate his case but plans to try Combs again.
“I’m going to take a little time, but we’re going forward,” Pascoe said.
Pascoe said nine out of 12 jurors had voted to convict Combs.