SPRINGFIELD, MO (11/06/17) - After a little over 4 hours of deliberation the jury could not come up with a unanimous decision on the fate of Craig Wood. Now, a motion has been filed to begin a new trial starting January 11th. If that doesn’t pass, the judge will decide what happens to Wood on that day. This has been an emotional roller coaster for Hailey’s family and friends as we come to the anniversary of her death almost four years ago.

The defense rested their case early on this morning arguing that the death penalty is unconstitutional.

“The law does not require the death penalty even for this," said Wood's defense attorney Patrick Berrigan. "Even for the murder of an innocent 10-year-old child.”

Berrigan says with no prior run-ins with the law Wood, only, acted on his depression. Even going as far as to calling him a functional alcoholic.

The prosecution began by doing a recap of witnesses and showing surveillance footage of Wood saying not cooperating when it came to finding Hailey. The prosecution even mentioned that Hailey’s older brother, still, won’t go outside in the dark.

“She tried to fight. She’s 10! You’ve seen him and she didn’t have a chance," says prosecuting attorney Dan Patterson.

After the decision for a, possible, new trial in January Hailey’s mother Stacey Herman said she’s emotional but trusts what will come next.

“I somewhat have closure but when the final say so I guess I’ll have the stop sign right in front of me," says Herman.

Stacey says she knows how to continue on and will keep fighting until there is justice for her daughter. The jury earlier, last week, charged Wood with first degree murder after deliberating for around an hour.