After seven days of deliberations --the jury failed to reach a verdict in the trial of St. Clair Shores Sgt. Michael Notoriano.
He was accused of assaulting three men at an east side gas station in July of last year in retaliation for the theft of his teenaged daughter's cell phone.
Prosecutors say Notoriano was off-duty when he and Detroit police Sgt. David Pomeroy tracked down the phone and confronted the men.
The defense has argued that one of the alleged victims had a handgun and was going to use it.
Pomeroy retrieved the gun and stolen iPhone at the scene according to published reports.
Notoriano's defense attorney Todd Flood says the ordeal has been tough on the family.
"His daughter was robbed violently and was the victim in this case," Flood said. "To put her through this again and to put the family through this again, it's tough."
Pomeroy faced the same charges but he took a plea deal.
It's now up to the prosecution to determine whether there will be another trial. A hearing is set for next month.