Jurors in the case of a man accused of killing 39-year-old Patrick Roberts, of Lawrence, during a burglary arrived at a partial verdict Monday, after more than 11 hours of deliberation.

Dustin D. Walker, 30, was found guilty of aggravated burglary Monday, but jurors could not decide whether the Lawrence resident was guilty of felony first-degree murder, which is when a killing occurs during the commission of an inherently dangerous felony.

Assistant District Attorney Amy McGowan refused to speak about the jury’s decision, but Walker’s attorney Sarah Swain said the partial verdict was also a partial victory for her client.

“The jury in this case did their best to reach a verdict with the incomplete information that they were provided with by the district attorney’s office,” Swain said. “Unfortunately for the state, the physical evidence did not corroborate the version of facts as presented by the prosecution.”

Prosecutors alleged that Walker and co-defendant Archie Robinson kicked the door into Roberts’ home around 3 a.m. on March 8, 2014, pointed a handgun at Roberts’ son and entered Roberts’ bedroom to steal cash or marijuana. Walker then shot Roberts during the crime, according to McGowan.

Dustin D. Walker

Patrick Roberts

To prove their theory, prosecutors called Roberts’ son, brother and mother, Walker’s ex-girlfriend, Kansas Bureau of Investigation forensic scientists and law enforcement officials to testify.

The testimony of Roberts’ family aligned with the state’s theory. A KBI forensic scientist testified that a shoeprint-like mark on Roberts’ front door was similar to the sole of Robinson’s shoe, but KBI print analysts were unable to link Walker’s fingerprints to the handgun, and law enforcement did not swab Walker’s hands for gunshot residue.

The defense claimed Roberts invited Walker and Robinson over to buy marijuana and left his front door unlocked. Swain said her client and Robinson knocked, then entered the home, sat and chatted with Roberts, who was weighing out an eighth of an ounce of marijuana when Roberts’ brother, Wayne Roberts, tackled Robinson. Walker testified Thursday that Robinson was holding the gun when he was tackled, and the firearm shot Patrick Roberts during the struggle. Walker said he and Robinson struggled with Wayne Roberts, then fled the apartment in fear.

Swain pointed to a jar of marijuana that investigators discovered inside a hidden safe in Roberts’ bedroom as proof that Wayne Roberts played some part in the death of his brother. Drops of Patrick Roberts’ blood were discovered inside the jar, which Swain said indicated Wayne Roberts attempted to clean up the crime scene before police arrived the morning of the shooting.

The jury began deliberations at 11:15 a.m. Friday and worked throughout the day without leaving the courthouse until 9 p.m., when jurors recessed for the weekend. The courthouse, which was scheduled to be closed Monday for Presidents Day, opened at 8:30 a.m. Monday morning for jurors to meet.

The jury asked the court two questions around 10 a.m. Monday. The first question was, “If the jury finds the gun was in Dustin’s hand, but went off accidentally and shot Pat in the struggle, is Dustin responsible for the crime?” District Judge Paula Martin responded, telling the jurors that was their question to answer.

The second question was indicative of the ultimate result. The jury asked Martin, “If we are unable to reach a unanimous vote, then what?” Martin told the jurors if that was the case, to send a note saying so. In the end, they did, and a mistrial was called on the murder charge.

Swain said the jury’s lengthy deliberation process was indicative of a weak case.

“After almost 12 hours of deliberations, it’s clear that the state left the jury with numerous unanswered questions,” Swain said.

McGowan had no comment on the jury’s long deliberation, referring the media to the spokeswoman for the Douglas County District Attorney’s Office, Cheryl Wright Kunard, who was off from work for the holiday Monday.

Walker is scheduled to appear in court May 4, when a new trial for the felony first-degree murder charge will begin.

Co-defendant Robinson’s jury trial is set to begin March 8.

This is the third time Walker has been accused in a shooting. Another jury acquitted him in 2011 on charges connected to his alleged role in a December 2010 shooting at South Pointe Apartments, 2310 W. 26th St. Walker was charged with attempted second-degree murder and possessing a firearm as a felon after Darrick Dew was shot during a large party at an apartment.

In 2008, Walker was suspected in a robbery at a Lawrence apartment that resulted in a man being shot in the leg. But in 2011, Douglas County prosecutors dismissed the case before it went to trial. Douglas County District Attorney Charles Branson said afterward that both the victim and witness were unable to recall the incident, precluding prosecutors from pursuing the case.

Walker remains in jail on a $1 million bond. With his criminal history, he could face up to 128 months in prison for his aggravated burglary conviction.