A federal jury has deadlocked in a wrongful death lawsuit filed by the family of a 20-year-old man fatally shot by a Washington County sheriff’s deputy in October 2006.

Testimony showed Jordan Case of Tualatin was unarmed and high on hallucinogenic mushrooms when he was killed. The lawsuit centered on whether Case entered the patrol car of Deputy Glenn Howard and was reaching for the deputy’s assault rifle.

Lawyers for Case’s family pointed to witness testimony that Case was never in the car and never reached for the rifle. They contend Howard used excessive force.

But Howard’s lawyer William Blair said the deputy acted reasonably and that evidence supports Howard’s version of the events.

“We’re never going to be able to get into Jordan Case’s head,” Blair said earlier. “What we have to do is react to his behavior.”

Jurors were unable to reach a unanimous verdict after two days of deliberations. U.S. District Judge Garr King said Monday the case can be retried in the fall.

“It’s clear that an injustice occurred in the death of Jordan Case, and we will pursue it in every opportunity and every venue as aggressively as we can,” said Case family attorney Steven Sherlag. He added he will “absolutely” retry the case.

Howard’s lawyers could not immediately be reached for comment after jurors failed to agree.

The Washington County district attorney’s office reviewed the shooting and declined to take the case to a grand jury.

Testimony showed that after consuming the mushrooms, Case entered the apartment of a female neighbor.

The woman, who did not know Case, called 9-1-1 about the intruder and told dispatchers he had admitted he was high on mushrooms. He acted strangely, would not leave, and kept trying to touch her pants and hug her, the neighbor testified. She said she got into a scuffle with the man but managed to pin him and choke him until police arrived.

The plaintiffs contended that police officers used stun guns and a beanbag rifle on Case several times but ignored opportunities to take physical control of him, both inside and outside the apartment.

Howard testified that he used his stun gun on Case as the man came toward him. But the probes didn’t immobilize Case. The deputy said he then saw Case reach into the patrol car, touching the assault rifle in its locked rack and then reaching to the floorboard for the button that releases the rack. The deputy testified that he fired his handgun and hit Case in the chest.

The young man slumped to a seated position outside the car for a couple of minutes. Then, Howard said, Case sprang off the ground and was reaching into the vehicle again. Howard said he fired additional shots, one of which hit Case in the back of the head. A medical examiner testified that Case died immediately.

If you have lost a family member and think you may have a wrongful death lawsuit on your hands contact our Washington Wrongful Death Lawyer for a free consultation.

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