Eric Parker was charged with violating the civil rights of Sureshbhai Patel when he slammed the man to the ground during an investigation in February

A judge declared a mistrial Friday in the case of an Alabama police officer who slammed an Indian man to the ground, after jurors failed to break an impasse despite her insistence that they keep trying.

US district judge Madeline Hughes Haikala had asked the jurors to consider how important the case is, how expensive it has been financially and emotionally for everyone involved, and the possibility that it’s not certain a retrial would result in a stronger prosecution or defense.

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Madison police officer Eric Parker is charged with violating the civil rights of Sureshbhai Patel, 58, when he slammed the man to the ground during a suspicious person investigation in February.

Defense attorney Robert Tuten has said the confrontation was an unfortunate escalation of police tactics and not a criminal offense.

Parker has said Patel resisted officers multiple times and he took the man to the ground out of concern for his safety and that of a second officer who was on the scene. Patel has denied resisting and said through an interpreter that he didn’t understand Parker because he doesn’t speak English. Video showed Patel turning to look at Parker while his hands were behind his back just before he was slammed to the ground and seriously injured.

Patel had traveled from India and was visiting relatives in suburban Huntsville when he was approached by police during a morning walk. A neighbor who saw Patel called police and reported a thin black man walking through the neighborhood and acting suspiciously.