A jury in the trial of a labourer accused of murdering a student in Tenbury Wells failed to reach a verdict yesterday for the second time in five months.
Ben Murphy admitted the manslaughter of 21-year-old Adrian Palmer, but denied murder.
After deliberating for eight hours, the jury of nine men and three women was discharged by Judge Alistair McCreath.
The prosecution has yet to make a decision on whether to stage a third trial, or to accept Murphy’s guilty plea to the lesser crime. Murphy, of Kyreside, Tenbury Wells, was remanded in custody.
The 21-year-old has been locked up since May 20 last year when Mr Palmer’s body was found in the town by postal workers.
The judge told the defendant he would need reports to decide if he was a “dangerous offender” who was “likely to put the public at risk in the future”.
Manslaughter is a specified offence which can carry an indeterminate sentence for public protection.
Worcester Crown Court heard over a nine-day trial that Murphy strangled Mr Palmer, of Bromyard Road, Tenbury, at a friend’s flat in Teme Street after the pair had been drinking wine and beer together.
Murphy admitted gripping the victim’s neck after getting upset over an unsubstantiated rape allegation.
But he said Mr Palmer, who suffered from a form of autism, suddenly went limp after eight to 10 seconds.
Two pathologists concluded he died from vagal inhibition, an interference of the neck nerve which controls the heart rate.
A third pathologist, called by prosecutor Robert Juckes QC, dismissed the claim and put the cause of death as strangulation for at least 30 seconds.
Murphy, who has special education needs and had no previous convictions, told the jury his crime had left him “very upset”.
After the killing he failed to try resuscitation and failed to take advice from his brother and father to ring police or the ambulance service. He claimed to be in a panic and carried the body into the street, where it was discovered at 4am.
The prosecution claimed Murphy sent the victim a death threat by phone after the rape complaint, which was investigated by police but never brought to court. He denied making threats and insisted that although he was gay he had “no sexual interest” in Mr Palmer.
Rex Tedd QC, defending, said Murphy was provoked by the rape allegation and acted without any pre-planning.
By Andy Richardson
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