RGV (KFXV) — After days of deliberation the jury in Elda Flores case is not able to reach a verdict. The trial was declared a mistrial on this former teacher accused of using excessive force in her 6 year old student. Six to six. That is how the jury ended it this afternoon . Half of them voting for a guilty verdict and the other half voting for her innocence.

Drawing, coloring and cutting are some of this little boy’s favorite activities at school. A boy whose teacher allegedly sat on him after he didn’t follow her instructions.

Today Judge Aida Salinas declared Elda Flore’s case as a mistrial, lacking a unanimous decision from the 12 member jury. The jury was delivering on several options including the offense of a third degree felony for excessive force — a decision of up to 10 years in prison.

A mistrial means, a new jury, new hearings, and a new trial.

Arturo Cantu, Defense Attorney tells Fox 2 News the state spent a lot of money prosecuting this case. Money that’s coming out of the taxpayer’s pocket.

It’s expected the cost will increase even more with a new trial date.

There is also the possibility Elda Flores will not receive a new trial date. The state has the final decision to reopen this case and prosecute it. It they don’t the status of this case will remain as a mistrial.