The Rocky Mount Telegram reports that a judge made that decision Friday after jurors said they couldn't reach a verdict in the case of 33-year-old Antonio Wardell Matthews.
Matthews was charged with shooting and killing his 22-year-old brother, Devin Scriven. Police say Devin Scriven was shot in a motel room the brothers were sharing in September 2008.
Assistant District Attorney Keith Werner told the Telegraph that he intends to put Matthews on trial again and might charge him with second-degree murder, instead of first-degree murder.
Devin Scriven's death came 10 months after their mother, Deborah M. Scriven, 44, and her friend, Leona Johnson, 50, were found shot to death in an apparent home invasion. Devin Scriven was critically wounded in that home invasion but survived. The three were found shot in different rooms of the house.
At the time, Rocky Mount police said they believe the intruder was an acquaintance and that the shootings weren't random. Two people of interest were questioned in the case, but it remains unsolved.
Deborah Scriven had worked as a secretary for the Rocky Mount Police Department for three years. Officers went to check on her after she didn't show up for work and discovered the bodies.