A Schuylkill Township man went home Wednesday, but not in complete freedom, after a Schuylkill County jury could not agree on whether he was guilty of three charges resulting from his alleged beating of his son's mother in May 2013 at her Saint Clair home.
Kyle J. Delpais, 28, of Brockton, did not react as the jury of six men and six women announced that, after three hours of deliberations, they were hung on charges of terroristic threats, unlawful restraint and simple assault and were hopelessly deadlocked on all three.
Judge Cyrus Palmer Dolbin, who also withheld a decision on summary charges of criminal mischief and harassment against Delpais, then declared a mistrial and discharged the jury.
Assistant District Attorney William L.J. Burke said he did not know whether prosecutors would retry Delpais.
"We're going to have to consult with (District Attorney Christine A. Holman) on that," he said.
Since the jury did not render a verdict, prosecutors can retry Delpais without violating the constitutional ban on double jeopardy.
Saint Clair police had charged Delpais with assaulting and threatening to kill Heather M. Elo from about 8 a.m. to 11 a.m. May 15, 2013, at her 134 N. Mill St. residence in front of the couple's son, Brice.
"He pushed me to the point where I fell to the ground. He took his left hand and just went across the left side of my face," Elo testified. "He was telling me he was going to kill me."
Elo said Delpais stomped on her glasses and inflicted numerous injuries on her, and that their son was very upset.
"He was screaming, 'Daddy, stop! Daddy, stop!' " she said.
Saint Clair police Officer Joseph J. Leskin Jr. backed Elo's testimony.
"She was visibly upset. She was crying. She was shaking," he testified. "It appeared that some sort of struggle was taking place."
However, Delpais testified that he was at her house for no more than 15 minutes and did not assault, threaten or in any way harm Elo.
"Have you ever threatened Ms. Elo?" Delpais' lawyer, Joseph P. Nahas Jr., Frackville, asked him.
"No, sir," Delpais answered.
"Have you ever damaged her glasses in any way, shape or form?" Nahas asked.
"No, sir," Delpais said.
Delpais said Elo bruises easily and that their son had head-butted her, causing an injury to her lip.
In his closing argument, Nahas emphasized that there was no medical evidence to support Elo's case, and that Leskin should have done a more thorough investigation.
"Shouldn't you want to know what happened her?" Nahas asked.
He also criticized Elo, saying she was neither truthful nor consistent.
"Her testimony, it was like a ping-pong. It was all over the place," Nahas said.
In his closing argument, Burke urged the jurors to remember the peril in which Elo found herself.
"It's a dangerous situation," he said. "She was put in a situation where she could sustain serious bodily injury. This is a sad case."