11/21/2011 Kget News Original Story Shafter Police officer Matthew Shelton was accused of beating a Shafter man with a baton while responding to a burglary and then trying to cover it up. The whole incident was caught on a camera that is built into the taser that Officer Shelton was carrying. Officer Shelton was suspended after the January incident was uncovered during a routine audit of video from department tasers. The jury came back Monday with a verdict on only one of the three charges against Shelton. "They found the defendant not guilty, that was the assault with a deadly weapon, a baton with great bodily injury," said Mike Yraceburn, District Attorney's office. But, the jury was hung on the two remaining counts of assault under color of authority and falsifying a police report. The defense team is happy with the outcome, but they are not out of the woods yet. "I think if you look at the evidence as the jury did, they obviously made the decision, we're pleased with. Officer Shelton did not use his baton with deadly intent," said Peter Horton of Lackie Dammeir & McGill, Shelton's defense attorneys. The prosecutor says the D.A.'s office is adamant in prosecuting crimes committed by officers and they plan to re-file the charges the jury hung on. "The jury could not reach a decision, we respect them for that, but we believe the crime is serious enough we will retry the case," said Yraceburn. But, the defense still claims this case should never have gone to trial in the first place. "When confronting a felony suspect in the dark, Officer Shelton was unaware if he was unarmed, whether he was alone, or what other circumstances he was going to encounter. And, that's why the lack of injury in this particular case did not warrant prosecution of officer Mathew Shelton," added Horton. The District Attorney's office will not release the video from the taser. They plan on re-filing the charges after doing more research on the laws surrounding this case.