Jurors will meet for a second time Wednesday morning and try to reach a verdict in the Timothy Lewis capital murder trial.
After deliberating for four hours on Tuesday, the jury could not reach a decision on whether or not Lewis killed his four year old stepson, Tyrone Fenner Jr.
In closing arguments both sides reminded the jury of their duties as it relates to the law.
The state referred to testimony from detectives and doctors who treated Tyrone and said the evidence pointed to Lewis.
But the defense argued that the state had not proven beyond a reasonable doubt that Lewis caused the injuries which lead to Fenner's death.
Lewis claims Fenner fell off the toilet and passed out the night of June 22, 2004. Prosecutors say that story makes no sense and that Lewis continued to lie to police and point the fingers at others during the investigation.
Fenner was taken to an Austin Children's hospital and died over two weeks later. An autopsy report showed the cause of death was due brain injuries caused by severe head injuries.
The defense questioned whether or not enough was done by medical staff to keep Fenner alive.