A jury reached a verdict in the first criminal trial of Matthew Kotson Wednesday afternoon.

The jury proclaimed a mistrial for count one in the case and found Kotson not guilty on count two.

Count one can be retried, according to Judge Arthur Recht.

It is the first of three trials for Matthew Kotson. It addresses counts 1 and 2 of Kotson's indictment, which are both charges of first-degree sexual abuse.

The jury first came back Wednesday afternoon and told Senior Judge Arthur Recht that they have reached a decision on count 2, but they were hung on count 1. Recht instructed the jury to resume deliberations to reach a decision on count 1.

The jury reached a verdict at 5:30 p.m., nearly eight hours after deliberating.

The trial started Monday at the Ohio County Courthouse. The jury was seated on Friday and began deliberating on Tuesday.

Kotson's other two trials regarding alleged victims known as Accusers No. 2 and No. 4 will be held at a later time. In total, Kotson is charged with four counts of first-degree sexual abuse, two counts of second-degree sexual assault and one count of burglary.

Kotson was arrested in November 2011 by West Virginia State Police. Days later, he was fired from the Wheeling Police Department by City Manager Robert Herron. The city said Kotson's termination had nothing to do with the charges he faces.

Special prosecutor David Cross and Kotson's defense attorney, Robert McCoid, made aggressive closing arguments for about an hour and a half on Tuesday afternoon.

Cross closed by saying that two witnesses testified during the trial that Kotson made advances on them despite their resistance. He said their testimony was very similar to the alleged victim's account in this case, who testified on Monday.

Cross said a lack of physical damage in the medical records is irrelevant because the state's definition of sexual abuse doesn't mention physical harm. Cross went on to say that Kotson went to the alleged victim's home strictly for the reason of sex.

For more than an hour, McCoid made the argument that Kotson's story was unwavering throughout the case while the alleged victim changed her story at times. McCoid agreed that both sides know why Kotson showed up at the woman's home on Thanksgiving morning 2011 but said the woman never did anything to clearly try to prevent the situation.

McCoid further said the state failed to prove that Kotson overcame the woman's resistance. McCoid further said the woman hesitated to point out Kotson in court on Monday and said he believes she was ashamed of her actions. Those remarks provoked gasps and rumblings from those observing in the courtroom.

Kotson still has two more trials to face in Ohio County. The counts include two counts of second-degree sexual assault, two counts of first-degree sexual abuse and one count of burglary.

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