The jury reached a mixed verdict Friday in the case against an Arlington couple charged with abuse of child for using a stun gun. They found them guilty on the intimidation counts, but were hung on the abuse counts.

Leigh and Jerome Foster were charged in the case for allegedly tasing their adopted son and later charged with intimidating him over his testimony as well as another witness who actually filmed one of the tasing incidents. But, the jury couldn’t decide if the tasing was done for punishment, or as part of just horse play as the defense contends.

The defense in the case contends that the adopted son of the Foster’s is making all this up because they wouldn’t let him play sports. The parents said he was failing history and band. The alleged victim admitted to having grade issues when he was cross examined by the defense.

But, the state argues it was torture, or cruel or inhuman corporal punishment for him not doing chores, or as the victim claimed, “mouthing off.”

The two intimidation incidents, allegedly occurring on April 22, and May 18, of last year. The alleged crimes involving the abuse occurring between September 1, and November 14, of 2010.

The jury did ask Friday morning for the definition of torture? They were told it is inflicting severe pain as a means of punishment, but again couldn’t come to a decision on whether it was meant as punishment.

Senior Assistant District Attorney Steve Maxwell says they’re considering retrying them on the two abuse counts, but have made no decision.