NORFOLK, Va. (WAVY) – A murder case in Norfolk ended in a mistrial Monday afternoon after the jury could not come to a unanimous decision.

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Javon Doyle faced 13 charges connected with the death of Chris Cummings. Cummings is the nephew of the late Rep. Elijah Cummings. 

He is one of four men accused of having a role in the 2011 home invasion gone bad. 

The 12 jurors had to go through the 13 charges and decide whether Doyle was guilty or not. They began deliberating last week and continued Monday. They asked for a break around 2 p.m. A short while after they returned, the mistrial was announced.

James Cummings, Chris Cummings’ father, said it’s tough and it never gets easier. He was disappointed with the result Monday.

“For this case, I wanted him to be convicted. I want someone to pay for the death of my son so the only thing I wanted was a conviction in this case. A hung jury, or an acquittal, of course, wouldn’t do,” he said. “I was hoping that this would be one of the two cases that would come to fruition and a positive outcome for the family.”

Deputy Commonwealth’s Attorney Cynthia Collard said the motive in this case was marijuana that Cummings was selling — and money. 

But there was a problem, Collard said Chris Cummings fought back. 

The medical examiner testified about the bruising on his hand and a shoe print on his body, that was consistent with blunt force trauma. 

Collard said the evidence pointed to Doyle being at the Norfolk home the day of the deadly shooting, but Doyle said on the stand he hasn’t visited Norfolk. 

Collard simply asked the juror to use their common sense. 

Doyle’s attorney, Emily Munn, said Doyle didn’t do anything more than just knowing the other three men involved in the case. She said quote “sounds like the Commonwealth doesn’t know if he was there.”

Doyle maintained his innocence throughout the trial.

Rashad Dooley, another one of the men accused in Cummings’ death, trial begins in a few weeks.

The Commonwealth’s Attorney asked for a re-trial of Doyle’s case. Doyle’s jury trial is scheduled to begin on Jan. 31, 2023.