Box Butte County District Court Judge Brian Silverman declared a hung jury Wednesday night when the jury consisting of six men and six women told the judge that after deliberating for over four hours, they felt they could not reach a unanimous decision on the guilt or innocence of 49-year old Mark Robertson of Alliance. Robertson is accused of embezzling $154,000 from the New Alliance Bean and Grain Company. The jury told the judge there was a large split in those believing Robertson was guilty and those who believed he was not guilty.

Judge Silverman asked the jurors if they were to deliberate for several hours on Thursday if they felt they could reach a verdict and all stated they did not believe it would be possible.

Judge Silverman set Robertson's retrial for the May jury term.

Robertson is charged with one count of theft by deception, one count of attempted theft by deception, and 15 counts of forgery for allegedly embezzling over $154,000 from the New Alliance Bean and Grain Company. The alleged thefts occurred between 2003 and 2006.

Robertson took the stand this (Wednesday) morning and testified he endorsed checks from New Alliance Bean to Hemingford area farmer Bruce Engel because Engel asked him to.

Robertson told the jury that he had borrowed $5,000 from Engel in order to pay off an IRS debt, but that Engel wanted the loan paid back to total $7,500.

Robertson said he endorsed the checks for Engel, put the money in his own account, and then withdrew the money from various automated teller machines in Alliance and at South Dakota casinos, and then gave Engel the cash. Robertson said Engel told him that by doing Engel those favors, Engel would forgive the debt. Robertson stated Engel wanted possession of the money without his (Engel's) wife knowledge, and that Engel needed the money to help pay for an attorney he hired to fight a DUI charge.

Robertson stated he told Engel on several occasions that he wanted out of the arrangement, but that Engel said he had him over a barrel because Robertson would lose his job or go to jail for endorsing the checks.

Robertson fought back tears as he told the jury he became so distraught over the issue that on November 2, 2005, he contemplated suicide and ran his truck off a road, which led to a three day stay at Box Butte General Hospital.

Robertson also testified that after he got out of the hospital he met with Engel and drove around the county discussing the scheme. He said Engel became very angry over Robertson wanting to back out of the arrangement and stated that Engel told him that if Engel had his gun on him he would have shot Robertson.

Robertson denied ever falsifying scale tickets..

During testimony Monday, Engel testified he discovered the financial irregularities in the fall of 2005 but did not report it to New Alliance authorities until September 2006, stating he wanted to give Robertson every opportunity to come clean. Engel says he treated Robertson, "as if he was his own son."

During closing arguments Wednesday afternoon, defense attorney Stacey Pettit of Scottsbluff told the jury that Robertson's testimony provided the reasonable doubt that was needed to find him not guilty. She stated the Engel had waited to report the alleged financial irregularities because he was part of the scheme and described the evidence presented against Robertson as circumstantial. Pettit said the case was basically Engel's word against Robertson's, and if the jury couldn't make a determination as to who was telling the truth, then reasonable doubt existed and Robertson should be found not guilty.

County Attorney Kathleen Hutchinson countered the Robertson had numerous financial problems including bank overdrafts and gambling. She questioned why Robertson never came forward and reported to law enforcement that Engel was blackmailing him. She said if the jury believed Robertson then all of the state's witnesses were liars and if the jury believed the prosecution then Robertson was the liar.

The jury received the case at 4:20 p.m. Wednesday and notified the judge at 8:50 p.m. that they were deadlocked.