Benn is accused of killing Ramon Colorado inside Rite Aid on Tidewater Drive back in August of 2012.
After four days of evidence and deliberations, the jury told the Court they were split on the decision.
Compelling surveillance video was among the evidence jurors saw.
NewsChannel 3 got a copy of the video. It starts with Benn waiting in line at Rite Aid. You can see he is talking on the phone the entire time. That is when Colorado walks up. He did not notice Benn in line and that starts an argument which continues for several minutes.
The video shows Colorado pulls out his pepper spray and goes for Benn three times.
The video matches the story Benn told NewChannel 3 from jail two years ago.
“He come from behind me, and took his hand and sprayed me in the side of my eye," Benn told our cameras back in 2012.
After the pepper spraying, both men take off down the aisle and step away from the camera. What happens next is hard to tell even from the video.
Both men had guns on them. Benn claims Colorado shot first, hitting him in the shoulder.
Prosecutors say Benn is the one that is guilty of voluntary manslaughter and that they will be scheduling a new trial.