FORT COLLINS, Colo. (CBS4)- A judge has declared a mistrial in the case of an accused arsonist in Fort Collins.

Benjamin Gilmore is charged with setting fire to an apartment building under construction in October 2011. The fire spread to the Penny Flats apartment complex which caused $10 million in damage.

Gilmore is charged with arson, attempted murder and criminal mischief.

After six days of deliberations, following four weeks of testimony, the judge in the Gilmore trial issued the mistrial after the jury said they were split on the charges.

Late Monday the jury told the judge they are stuck 50/50. The judge told the jury to come back Tuesday to continue deliberations. They were unable to reach a verdict by 3:45 p.m. Wednesday.

The prosecution told the judge they were in favor of calling it a mistrial. The defense wanted to see the jury continue with their deliberations.

A photo of the fire at the Penny Flats building on Oct. 24, 2011 (credit: Poudre Fire Authority)

In the end the judge said the jury had worked diligently and decided to dismiss them.

The second trial will begin February 4, 2013 at the Larimer County Courthouse.