A judge declared a mistrial Thursday after a jury deadlocked in the first-degree murder trial of a 15-year-old boy accused of killing his younger brother.

But in its fifth day of deliberations, the 7-woman, 5-man jury reached a unanimous agreement on a charge of attempted first-degree murder. Daniel Gudino, they stated, tried to kill his mother, Marina Gudino, who survived being shot and stabbed.

They also found Daniel Gudino guilty of first-degree assault, prohibited use of a weapon and illegal discharge of a weapon.

On the most serious charge, first-degree murder, jurors Thursday informed the judge they were unable to reach a unanimous agreement.

Gudino faces between three and five years in the state Division of Youth Corrections on the attempted murder conviction when he is sentenced April 6.

Prosecutors said they will discuss whether to retry the teenager on the first-degree murder charge.

“We’re happy,” Chief Deputy District Attorney Shannon Gerhart said of the mixed verdict.

“It’s a tough case. It’s always been a tough case,” Gerhart added. “Obviously the jury’s deliberations for five days shows how hard they worked and how seriously they took the case.”

Gudino was tried in juvenile court on charges that he shot and killed his 9-year-old brother, Ulysses Jr., and then wounded their mom on May 18, 2009, at the family’s home in the 1800 block of Chapel Hills Drive.

The teenager showed little emotion – as has been the case throughout the nearly four-week trial – as 4th Judicial District Judge David L. Shakes read the partial verdict.

A lawyer for the boy’s family called the verdict “disappointing.”

“It’s been a very difficult time,” said attorney Daphne Burlingame. “They’re very thankful for the support they’ve had from their family and from friends.”

“The verdict is disappointing,” she added. “But they are looking forward to moving on.”

Deputy Public Defender Noreen Simpson said, “We are honored and blessed to be Daniel’s defense team. We will continue to do so.”

A complex case boiled down to a basic question: Was Daniel Gudino conscious and aware of his actions when he shot and killed Ulysses and wounded their mother?

His public defenders pointed to evidence the teen may have been sleepwalking on the morning when the attacks occurred. They also raised the possibility he was in the midst of a psychotic episode.

They cited testimony that relatives had witnessed earlier incidents of the teen sleepwalking, including one nearly a year before the attacks in which he chased an uncle and younger brother. Later he told his parents he had no recall of that incident.

But prosecutors countered the relatively complex sequence of actions that Gudino carried out on the day of the shootings showed that he was conscious and deliberate.

They argued that picking a lock to a gun cabinet, loading a .22-caliber rifle and then seeking out his brother was not behavior typical of a sleepwalker.

They also cited testimony that Gudino remembered details about the shootings and spoke to his mother while his attack on her was still in progress.

For more court coverage, visit “The Sidebar” blog at gazettedev.gazette.com

A barefoot girl is led to a police car after a shooting at the Gudino residence at 1837 Chapel Hills Dr. on Monday, May 18 , 2009. Photo by JERILEE BENNETT, THE GAZETTE FILE