DeNunzio jury undecided after two days of deliberation

POSTED: 06:59 PM PDT Mar 12, 2013    UPDATED: 08:20 AM PDT Mar 13, 2013 
SANTA MARIA, Calif. -

A Santa Barbara man who claimed police beat him up during a DUI arrest may have won a court victory on Tuesday.

Deputy District Attorney Mai Trieu said the verdict was read in the Tony DeNunzio trial after two days of deliberation.

Trieu said the jury did not make a unanimous decision with an 8 to 4 vote in favor of guilt. DeNunzio has been on trial in Santa Maria for a drunk driving arrest.

Officers pulled DeNunzio over on October 21st, 2011 at the Loreto Plaza parking lot in Santa Barbara.

DeNunzio and bystanders who saw the arrest accused Santa Barbara police officer Aaron Tudor of using excessive force.

The district attorney's office will now have to decide whether to re-try DeNunzio for the DUI.

The case returns to court on Thursday in Santa Maria at 1:30. At that time the DA's office will determine whether or not they will re-try. They will also continue the court trial on a separate charge against Denunzio involving alleged driving under a suspended license.