The jury is still deliberating in the trial of Brown Deer Police Officer Devon Kraemer.
After roughly eight hours of deliberations that began Monday afternoon, jurors told Judge Christopher Dee they could not reach a unanimous verdict in the case.
Dee replied by re-reading jurors a portion of the jury instructions and telling them to keep trying.
"You jurors are as competent to decide the disputed issues of fact in this case as the next jury that may be called to determine these issues," Dee said. "You are not going to be made to agree, nor are you going to be kept out until you do agree. It's your duty to make an honest and sincere attempt to arrive at a verdict."
Jurors continued to deliberate for another three hours Tuesday, before Dee sent them home around 5 p.m. They'll resume deliberations tomorrow morning.
Kraemer is accused of unlawfully shooting Manuel Burnley Jr. during an arrest near 60th & Brown Deer Rd. in March, 2016.
Kraemer and officer Michael Leeman responded to an MCTS bus after the driver said Burnley Jr. was arguing and yelling at her over a change in transfer policy.
Both officers testified during Kraemer's trial that Burnley Jr. continued to argue and resist, so they escorted him off the bus.
At that point, Leeman tripped Burnley Jr. and caused all three people to fall to the ground.
Kraemer testified that she feared Burnley Jr. might be armed, and that the two officers were losing the fight to him, so she decided to shoot him once in the back.
Burnley Jr. survived the shooting but lost part of a lung. He testified during the trial also and maintained he was not resisting arrest.
Kraemer is charged with Aggravated Battery With Intent to Cause Great Bodily Harm, but the jury can also consider a lesser charge of Aggravated Battery With Intent to Cause Bodily Harm.
The maximum sentence for the original charge is 15 years in prison. The maximum sentence on the lesser charge is 6 years in prison.
However, if jurors find Kraemer guilty of either charge, they'll also have to consider if the crime occurred with the use of a dangerous weapon. That modifier carries a penalty of up to an additional 5 years of imprisonment.
