UTICA - "As to the first count of manslaughter in the first degree how do you find the defendant - guilty or not guilty," the jury was asked.

It's with those words that Kevin Stolarcyk will not be serving prison time for the beating death of Carl Hill. The jury came to a unanimous decision on the manslaughter charge.

However, they were deadlocked on the charge of gang assault. The prosecution decided to offer a charge of assault in the third degree with a maximum sentence of one year in jail.

Stolarcyk did plead guilty to that charge. The partial verdict was obviously a victory for the defense. The prosecution says it doesn't think it could have done anything differently or better.

After a week of testimony and more than six hours of deliberation the jury could only only come to a partial verdict. Because of that, the prosecution had to change their plans - something they say was difficult to do.

"We put on all the proof that we had, and they were of the mind that it wasn't sufficient," said Timothy Fitzgerald, the Assistant District Attorney. "We had to be aware that we had to deal with the fact that the one jury...the best jury to deal with, was not going to be turning a guilty verdict. So we had to make some reasonable disposition of it and that's what we did."

"I felt from the beginning that Kevin was not involved in any group or any gang and the evidence proved that he did not go with the other three who were indicted," said Defense Attorney Mark Wolber. "He didn't have weapons with him he didn't plan it out he went there on his own."