A Selma man charged with the robbery of a Burger King remains in jail after a jury couldn’t decide on his guilt or innocence on Tuesday.

Kelvin Ellis, 30, returned to the Dallas County Jail after Fourth Judicial Circuit Court Judge Jack Meigs dismissed Ellis’ jury three hours after it entered deliberations.

Ellis’ first-degree robbery charge stems from a July 27, 2002, incident at the West Dallas Avenue Burger King.

According to Dallas County Assistant District Attorney Joseph Fitzpatrick, the state will bring the case to trial again. &uot;We will bring it to trial again,&uot; Fitzpatrick added. &uot;The state believes significant evidence exists and was given to the jury for it to come back with a guilty verdict.&uot;

One juror said she wanted to see DNA evidence linking Ellis to the robbery.

The jury began its deliberations around 1 p.m. Around 3 p.m. they filed back into the courtroom to hear Meigs clarify the difference between direct and circumstantial evidence.

An example of direct evidence is watching snow fall to the ground. Circumstantial evidence is waking up in the morning and seeing snow cover the ground. &uot;Both are good evidence and you can use both,&uot; Meigs said.

Ten minutes later Fitzpatrick offered Ellis a split sentence – a 15-year suspended sentence, five years probation and four years in jail.

If convicted, Ellis’ minimum sentence would be 20 years in jail.

Ellis declined the first, second and third offers. Ellis would have only served 2 1/2 years in jail under the third offer.

After Ellis declined the third offer, Meigs returned the jury to the courtroom and asked if it believed further deliberation would help. When a juror replied it wouldn’t, he dismissed the jury.

Authorities arrested Ellis July 27, 2002, after the robbery of the Burger King on West Dallas Avenue. According to police reports, a restaurant employee called 911 when a masked man, later identified as Ellis, entered the Burger King through the back door. Ellis allegedly pointed a gun at the employees and ordered them to lie on the floor. Ellis allegedly pointed his gun to an employee’s head and pulled the trigger.

The gun clicked on an empty chamber. He allegedly fled the building after taking about $1,600 in cash. Authorities later captured Ellis in a wooded area near Pine Tree Drive.

He was brought to the Burger King, where employees identified Ellis.