CHARLOTTESVILLE, Va. (CBS19 NEWS) -- The trial of Jacob Dix has ended in a mistrial. After almost 12 hours of deliberation, the jury was at a deadlock, with eight voting not guilty, three voting guilty and one undecided.

"It is our commitment to retry this matter," said Special Prosecutor Shannon Taylor.

"Looking forward to it," said defense attorney Peter Frazier.

Dix had been charged with burning an object with the intent to intimidate for his involvement at the 2017 torch march the night before the deadly Unite the Right rally.

The prosecution argued that if Dix was part of a group and someone in that group broke the law, he must be convicted.

The defense argued that Dix was to be judged on his actions alone, and saying "You will not replace us" was protected under the First Amendment.

The jury had several questions for the judge regarding their instructions.

"We're going to take the time to go back and review what has been done so far, see if there's some additional avenues that we were unable to get to last time and see if there's some additional evidence out there," said Taylor.

"We continue to believe we will be successful whenever the next trial may be," said Frazier.

Both sides will return to the Albemarle County Circuit Court on August 22. There, the prosecution says they will look to reschedule and the defense says they'll motion again for it to be dismissed.