A Douglas County judge has set a date for the retrial of a Baldwin City man accused of shooting his neighbor, Daniel Summers, in the head.

The first case against 36-year-old Brian Pitts ended in a mistrial Feb. 13, when jurors failed to reach a verdict on the aggravated battery charge he faced. Jurors acquitted Pitts of a charge of aggravated burglary.

Pitts is accused of firing multiple shots in August inside Summer’s home in the 200 block of Elm Street. Police said one of the bullets grazed the victim’s scalp.

A new trial date was set for May 4. Prosecutors said they are conducting more tests on evidence and will present additional evidence at the new trial.