A Louisiana man who said he shot a man he mistook for an alligator will get a new trial after a jury could n't make a decision in his second-degree murder case . Robert Chouest , 31 , of Cut Off , was charged in the May 22 , 2013 , killing of Shawn Galjour , 41 , of Larose . Galjour was found on his back in a driveway near Chouest 's home . After two-and-a-half hours of deliberation , jurors on Saturday were deadlocked 9-3 in a decision on his fate . In Louisiana , at least 10 of 12 jurors must agree to convict someone of a charge . Robert Chouest , left , of Cut Off , Louisiana , was charged in the May 22 , 2013 , killing of Shawn Galjour , right , of Larose . Chouest 's defense attorney said his client had been up for three days and shot at a silhouette he mistook for an alligator as he had no reason to believe anyone would be in his driveway at 4 a.m. During his testimony on Thursday , Chouest said he 'd had about six beers and used crystal methamphetamine the afternoon of May 21 , 2013 . He also testified that he 'd taken about eight Percocet pain pills and , soon before the shooting , smoked about five rocks of crack cocaine . The jury could have found Chouest guilty of second-degree murder , manslaughter or negligent homicide , or not guilty , reports The Courier . 'We fully intend to retry Mr. Chouest , ' said Lafourche District Attorney Cam Morvant II . A coroner 's report showed that Galjour was intoxicated at the time he was shot . Detectives have n't been able to determine what he was doing near Chouest 's home at 4 a.m. A coroner 's report showed that Galjour , left , was intoxicated at the time he was shot . Detectives have n't been able to determine what he was doing near Chouest 's , right , home at 4 a.m. Lafourche assistant district attorneys Annette Fontana accused Chouest of fabricating the story about the alligator . She also pointed out that the defendant was able to perform his job the day before the shooting , work on his truck , drive and effectively use a rifle , despite being on drugs . 'It was a perfect shot to the head , just like he said he was aiming for , ' she said . 'He shot to kill . He just does n't want to take responsibility . ' Attorneys on both sides will have a conference with the judge May 13 to schedule a new trial .
Robert Chouest , 31 , of Louisiana , Cut Off , was charged in the May 22 , 2013 , killing of Shawn Galjour , 41 , of Larose . After two-and-a-half hours of deliberation , jurors on Saturday were deadlocked 9-3 in a decision on his fate . During his testimony , Chouest said he 'd taken about eight Percocet pain pills and smoked about five rocks of crack cocaine . Prosecutors accused Chouest of fabricating the story about the alligator .