Exactly! Thank you for clarifying this. If more evidence has emerged during the trial that could be useful on a retrial, the DA will organize a new trial. Obviously, if there are only 1-2 holdouts, and the rest think he's guilty, retrying him on Murder 2 would be appropriate. I bet he would be convicted fairly quickly. Once everyone in Chaffee County realizes how outrageous it is not to convict Barry Morphew of something in relation to his missing wife, the next panel of jurors will sit up straight in their chairs and list very closely to jury instructions. IMO.
So...my timeline is Barry stays in jail until trial (I hope, I hope). Trial is scheduled for early 2022. Here's where it gets tricky. Barry is going nutso in jail. He wants out. If he stays in, he will be very displeased if his defense attorneys can't get him a speedy trial - so we may not see the usual defense requests for delay. Maybe if they scare him with the prospect of going to prison, he may opt for them to delay the trial. The defense almost always prefers to delay a trial that they are worried they're going to lose. I guess they hope for miracles.
Anyway, his trial probably won't happen until late Spring, 2022. Any guesses on how long in weeks this trial will be? I think at least 6 weeks. Could be longer. If the defense drags out the trial, and the prosecution is swift and tidy, that will work against the defense (but make the defense attorneys lots of money).
He'd be immediately set for trial again and stay in jail if a mistrial is declared (unless DA refiles as Murder 2).
Barry will have spent 1 year in jail by the time that next trial is set or charges are refiled. I think that will be enough to get his attention - and to allow his family members to find some stability from which to move forward - all the available evidence will have been aired.
I don't think he'd be found not guilty of all the charges (the illegal gun for example) and I believe a jury will convict him of at least one felony. So he would lose his guns and never hunt (with a gun) again. He would also have parole restrictions as to where he could travel and how often he had to check in with Chaffee County.