The King County prosecutor's office will not seek a retrial against a couple accused in the shooting of an anti-fascist protester at the University of Washington in January 2017.
The Seattle Times reports prosecutors have been weighing their chances on winning a unanimous verdict in a retrial of Elizabeth and Marc Hokoana.
A jury in King County Superior Court deadlocked in August when the jury foreman says the panel split over ideological lines, and the shooting victim refused to testify.
Judge Kristen Richardson declared a mistrial and the prosecutor's office said Friday their decision was that a retrial would likely yield the same result.
Elizabeth Hokoana had been charged with assault for shooting Joshua Dukes in the stomach while Marc Hokoana was charged with assault for firing pepper spray into the crowd.
Elizabeth Hokoana said Dukes had a knife and she fired after he grabbed her husband. No knife was found.