The jury said they had reached a verdict. But when it was time to read the verdict in court, the judge sent them back to deliberate more.
"Have you reached a unanimous verdict in this case?" asked Judge Dexter Del Rosario.
"On the first count, your honor, no, we have not," says the jury foreman.
Judge Del Rosario sent them out of the courtroom.
In the end, the jury did not return a verdict on count one, first degree attempted murder, but they did return guilty verdicts on all the other charges.
James Kimo Moses was found guilty of second degree attempted murder, manslaughter, arson, and attempted assault.
In 2011, the 48-year old set fire to the two-story Kalihi home that housed 20 people. He was angry that he was being evicted.
76-year-old Clarence Isobe was killed and two others were hurt.
"I think it was a fair verdict," says Deputy Prosecutor Darrell Wong, "This was a difficult case, no eye witnesses." And Wong admits the evidence was circumstantial.
"There was a lot of evidence that showed that he was not the person who set this fire," says Moses' attorney, Craig Nagamine.
During the trial, the defense did admit that Moses was upset about being kicked out but not to the point that he started the blaze.
Moses faces a mandatory life sentence one of the counts but is eligible for parole. He could also get 20 years for each additional count.
He will be sentenced in July.
Copyright 2014 Hawaii News Now. All rights reserved.
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