Prosecutors responded Friday to a defense motion that called for the state's murder charge against Michael Slager to be dismissed.
In the nine-page filing, 9th Circuit Solicitor Scarlett Wilson argued the mistrial in Slager's state trial last year meant the murder charge brought against him should not be dropped.
"Because the jury never gave any indication that they had unanimous consensus on any charge, the defendant's motion to dismiss the above captioned murder charge should be denied," the filing said.
Jurors never indicated that they intended to acquit Slager of murder, and because the jury continued to deliberate "any preliminary consensus reached on the murder charge at that time would not constitute a final decision to acquit and carry no legal significance," the filing said.
Slager's defense team filed its motion last month asking a judge to dismiss the murder charge.
In the filing, the defense team argued it was apparent the 12 jurors agreed Slager wasn't guilty of murder and cited double jeopardy provisions prohibiting someone from being retried for a crime they have already been acquitted of.
The jury deadlocked on the lesser offense of voluntary manslaughter after a month-long trial, prompting a judge to declare a mistrial in December.
Slager, a former North Charleston policeman, was charged with murder for the shooting death of Walter Scott on April 4, 2015.
The officer stopped Scott's car for a broken brake light. Scott ran, and Slager chased him. The patrolman used a Taser to subdue Scott, but he said the motorist fought back, grabbed the stun gun and tried to use it against him. That's why Slager said he pulled his pistol and opened fire.
An eyewitness video, though, showed the Taser bouncing on the ground as Scott turned and ran away. Slager started shooting when Scott was about 17 feet away, and five of the eight bullets he fired hit Scott from behind.