A Carbon County assault trial ended abruptly on Thursday after the presiding judge declared a mistrial.

The trial of Brett Rodriguez, 42, of Lehighton, and formerly of Summit Hill, was being held at the former Jim Thorpe middle school along Center Street, when Judge Joseph J. Matika granted the request of defense counsel to declare a mistrial.

Rodriguez was on trial on two counts each of aggravated and simple assault for an incident on Feb. 13, 2018, at a residence along White Bear Drive in Summit Hill.

District Attorney Michael S. Greek, who was prosecuting the case, was questioning the second witness, Matthew Schwarz, a former Jim Thorpe police officer and member of the county drug task force, when, during questioning, he said the residence in question was a “known drug house.” Defense attorney, Matthew J. Mottola, of the public defender’s office, objected to the response. After conferring with Matika in chambers, the judge granted Mottola’s motion for a mistrial.

Mottola argued that the jury would be influenced by the fact that the witness identified the residence in question as a “known drug house.” He said the jury could assume that police were at the home to serve warrants for drug cases and that the defendant’s actions would insinuate he was involved in drug activity.

Police had gone to the home to serve two warrants on individuals they believed were in the home. It was only noted that the warrants were bench warrants but not exactly what they were for. None of the warrants were for Rodriguez, who resided at the property at the time.

The warrants were being served by Carbon County Sheriff Department deputies.

Agent Kurt Schwartz, of the attorney general’s office, who was assisting in the serving of the warrants, was the first witness.

He testified he encountered Rodriguez in a second floor hallway. When he attempted to handcuff Rodriguez, he said for safety purposes, an altercation occurred which also included Schwarz. The charges were filed by then Summit Hill police Chief Joseph Fittos, who has since retired, who was also assisting at the scene.

Greek will now decide if he wants to retry the case. He indicated Thursday that he planned to do so.

The trial was the first to be held at the school. Carbon County, at the request of President Judge Roger N. Nanovic II, has rented the school to hold trials. Due to COVID-19 restrictions, specifically distancing requirements, the county’s main courtroom at the courthouse in Jim Thorpe, is the only one big enough to hold jury selection proceedings and trials and satisfy the distancing requirements. Nanovic said another courtroom was needed to help with the large backlog of pending trials due to COVID-19.

The county looked at several locations and settled on the Jim Thorpe site, where other county offices have been temporarily moved. The courtroom is set up in the gymnasium area of the school. The county purchased sound equipment, furniture and other items needed to conduct trials.