A mistrial has been declared in the retrial of Ann Marie Drago.

A Suffolk County judge says the jury failed to reach a verdict on the top charge of criminally negligent homicide.

Prosecutors say Drago ran over and killed anti-gang activist Evelyn Rodriguez in Brentwood in 2019.

Jurors handed over a partial verdict Friday, finding the Patchogue woman guilty of larceny and not guilty of criminal mischief.

Drago was initially convicted of criminally negligent homicide in her first trial, but an appeals court overturned the decision.

The Suffolk district attorney says he intends to bring Drago to trial for a third time, saying in a statement, "The death of Evelyn Rodriguez at the memorial she set up for her daughter Kayla was a tragedy. It did not have to happen. We respect the work the jury put into this case. We stand prepared to re-try the negligent homicide charge and are gratified that the jury found Ann Marie Drago responsible for stealing items from Kayla’s memorial."