After Mistrial, State To Retry Man Shot In His Home

The Attorney General's Office has decided to retry a Georgetown man on charges of assaulting a police officer who went to the man's home to deliver a traffic ticket. The arresting officer shot defendant Michael Rogers five times during the incident that led to his arrest.

A mistrial was called in June after jurors could not agree on a verdict.

At the first trial, Rogers was charged with second-degree assault of a police officer, a felony, and resisting arrest. However, during jury instruction, Sussex County Superior Court Judge T. Henley Graves dropped the original assault charge to third-degree assault, stating the prosecution failed to prove all elements of the original charge. Third-degree assault is a misdemeanor.

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