TULSA, Okla. – A federal jury trial of an Ottawa County man ended Tuesday in a mistrial.

Mark Stuart Daugherty, 49, was indicted in May in U.S. Federal Court with assault to commit murder in Indian Country, assault with a dangerous weapon with intent to do bodily harm in Indian Country and possession of a firearm in furtherance of a crime of violence.

A second jury trial is set for Nov. 21.

He is accused of shooting Jerry Witham on April 30 at the 400 block of South Chestnut Street in Quapaw.

Two eyewitnesses identified Daugherty as the shooter, according to court records.

Daugherty had denied shooting the victim.

Court records show Daugherty’s attorney moved for a mistrial after Dr. David Baker’s 12-minute testimony.  Earlier the court ruled his testimony would be limited, court records show.

Witham, his girlfriend Mary Woods, and five witnesses testified during the day-and-half trial that began on Monday.

On the morning of the shooting, Witham and Woods began arguing in the driveway of the friend’s mobile home, prompting Daugherty to come out of his residence and yelled at Witham to leave and pulled out a black pistol, court records show.