The jury deciding the fate of Dominique Heaggen-Brown deliberated for about five hours Tuesday, but they haven’t reached a verdict.
The jury listened to final arguments Tuesday from both sides and it's going to come down to the second of two shots fired. No one disputes the first one when Smith had a gun, but that gun went over the fence. The defense argued self-defense and the state said it was excessive force.
The jury will now decide if the former Milwaukee police officer is guilty of first-degree reckless homicide.
"You must first consider whether the defendant is guilty of that offense," said Judge Jeffrey Conen.
If the jury can't come to a unanimous decision, they can consider a lesser charge of second-degree reckless homicide.
"Committed by one who recklessly causes the death of another human being," Conen said.
The third option is negligent homicide by use of a dangerous weapon.
"Committed by one who causes the death of another human being by the negligent operation or handling of a dangerous weapon," Conen said.
The jury could also find Heaggan-Brown not guilty, acquitting him of any wrongdoing.
"Anything that you may have seen or heard outside the courtroom is not evidence," Conen said.
The anonymous jury has been isolated for more than a week since the trial started. This is the first time in 23 years a Milwaukee County jury has been sequestered.