UPDATE: Hung jury in Schenectady double murder trial

PHOTOGRAPHER: Steven Cook

The Schenectady County Court jury deliberating in the murder trial of Michael Capers reported itself deadlocked today on the most serious count against him, though it found him guilty on two counts of second-degree criminal possession of a weapon.

The jury has been unable to come to agreement on the second-degree murder charge, which could mean a retrial.

Capers faces up to 15 years in state prison on the weapons counts. He is to be sentenced on Nov. 18.

If Capers is eventually convicted of murder counts, he would face up to 50 years to life.

The jury resumed deliberations this morning, starting its fourth full work day on the case.

It was trying to decide whether Capers is guilty of killing two men in March 2010 on Hulett Street.

The panelists’ day began with an hour of listening to readbacks from the trial which they had requested late Friday afternoon. The testimony was from witnesses to the shooting and the aftermath. The jury also asked for information related to weapons charges to be read back.

They deliberated about seven hours each Wednesday through Friday last week after about two hours on Tuesday and an hour on Monday.

Capers, 18, is charged in the killings of 17-year-old Alphonzo Pittman and 21-year-old Virgil Terry. Prosecutors say Pittman was the target, while Terry, part of Capers ‘ group, go in the way of the gunfire.

Deliberations have gone on now about as long as the trial itself. Jury selection in the case began Sept. 19. Closing arguments were on Sept. 26.

Capers turned down a plea deal that would have gotten him 10 years in prison.