BAKERSFIELD, Calif. (KGET) -- A Kern County jury acquitted a man of two charges and deadlocked on a third in connection with an alleged assault with a knife that occurred outside the Spirit Halloween store on White Lane. Jurors on April 1 found Brett O'Leary not guilty of making criminal threats and resisting a peace officer, and hung 6-6 on a charge of assault with a deadly weapon, according to a release from the Kern County Public Defender's Office. He faced a potential life sentence if convicted on all counts. On the morning of Oct. 29, O'Leary was outside the Spirit Halloween store when told to leave by the alleged victim, who said he'd noticed O'Leary pacing in front of the store, according to the release. The alleged victim said O'Leary pulled a knife and chased him several feet, telling him, "I'm gonna get your ass," the release says. At trial, Deputy Public Defender Jennifer Melgar argued O'Leary acted in self-defense. She presented video footage showing the alleged victim confront O'Leary, telling him to identify himself and escalating the encounter, according to the release. Her argument was that the alleged victim questioned O'Leary because of how he looks. The release says O'Leary appeared to be homeless. "Mr. O'Leary was judged the moment he was seen, not by his actions, but by how he looked," Melgar said. "The evidence made clear he was not the aggressor, and the jury rightly saw that. Looking homeless is not a crime, and it certainly doesn't justify being confronted or mischaracterized." A retrial on the assault charge is scheduled May 19. ...read more read less