A judge declared a mistrial Tuesday afternoon in the case of a man accused in the death of a 1-year-old baby.

Just six months after Sarah Combs, her four children, and her boyfriend, Johnny Byrkett, moved to San Antonio from Indiana, her youngest son, 1-year-old Cruz Ethan Combs, died.

Byrkett, 29, had been charged with injury to a child/serious bodily injury. After ten hours of deliberating, the jury was deadlocked.

Eleven people found Byrkett guilty, but one juror said he is not guilty.

Byrkett told police that he and the child were taking a nap on the floor of a Windcrest apartment he shared with the boy’s mother, who was at work.

He said he woke up and found the child not breathing and unresponsive.

The baby was rushed to the hospital, where he died four days later from internal head trauma, according to prosecutors.

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