Troy Wilcoxon, 28, was found guilty of second degree burglary, first degree theft, and second degree conspiracy to commit burglary.
According to the motion filed Friday by Wilcoxon's attorney, a juror in the case said misconduct was committed by other jurors. Wilcoxon's attorney argues two jurors reached their verdict prior to the end of the trial, therefore it should be ruled a mistrial.
"We'll be filing a response to that obviously we don't agree with the motion so we'll have a response filed later this week and a hearing is scheduled for Monday," said Asotin County Deputy Prosecuting Attorney, Curt Liedkie.
Wilcoxon was sentenced to two years for stealing nearly $30,000 from the Lancer Lanes Casino. 33-year old James Nollette was the other defendant in the case. A mistrial was declared in his case because the jury couldn't come to a unanimous decision. He is now waiting to hear if the state is dropping his burglary charges, or if he'll face another jury in a second trial.