(Spokane, WA) -- A status conference is slated for the week of May 31st after a mistrial was declared in the obstruction case against Spokane Police Sergeant John Gately. Gately is accused of tipping off fellow police Sergeant Gordon Ennis that he was the subject of a rape investigation and was about to be served with a warrant. Gately's attorney told KREM-TV the jury was split, eight voting not guilty and four voting guilty. The state will decide whether to drop the case or take it to trial again.