Hoak to be retried in 2003 shooting death

Michael Thompson, Jefferson County prosecutor, said after Monday's hearing that the "issue is still pending and has not been resolved."

It's a murder case, he said, and it has to go back to trial.

The first-degree murder charge against Hoak stands. He remains free on bond.

Attorney Kevin D. Mills, Hoak's lawyer, told Steptoe he will file a motion asking the court to retry his client on charges no greater than manslaughter or involuntary manslaughter.

Steptoe said he will hear Mills' motion July 25 at 10 a.m.

Mills said following Monday's hearing that sometimes the state changes its mind about retrying a case when a mistrial has been declared.

"This time, the state is not changing its mind," he said. "We're looking forward to retrying the case on its merits."

The defense has argued that Hoak acted in self-defense. Hoak testified that Hose accused him of having an affair with Hose's ex-wife and that Hose threatened him.

The jury deliberated for three days before telling Steptoe that they were hopelessly deadlocked.

Stepoe set a Sept. 26 status hearing in the case.

Hoak's trail in May lasted 10 days. It was the longest trial in recent memory, according to attorneys in the case.

Thompson said there would be more detailed cross-examination at the retrial. He said it could last a month.