A Carlsbad woman who claimed she fatally shot her husband in self-defense will be tried again on second-degree murder charges.
A jury acquitted Julie Harper on first-degree murder charges last month, but deadlocked on lesser charges of second-degree murder and manslaughter.
Prosecutors said Wednesday they intend to re-try Harper in April.
In her weeks-long September trial, Harper told jurors that she shot her husband, Jason Harper, on Aug. 7, 2012, because she feared he would kill or rape her.
Harper was a math teacher at Carlsbad High School.
Prosecutors, on the other hand, said Harper was angry and spiteful over the marriage. They questioned why, if she were innocent, she would bury the gun and not immediately report the shooting to police.
In closing arguments, defense attorney Paul Pfingst said that there was no evidence Harper was angry or spiteful, just a victim of months of verbal, physical and sexual abuse. Pfingst said she feared for her life and that her actions were out of love for her children.
“One could say that neither one is irrational, neither one is unreasonable,” Pfingst told jurors in his closing argument. “But if there is an argument that has reason to support it that comes to the benefit of Ms. Harper, she's entitled to the one that supports her."
Harper is free on $2 million bail.