PHILADELPHIA (AP) — Federal prosecutors plan to retry a Delaware man who admitted he broke a thumb off a $4.5 million statue at a Philadelphia museum.

Philly.com reports prosecutors told a judge Thursday they're refiling charges against Michael Rohana for theft and concealment of an object of cultural heritage.

A jury deadlocked in the case last month after Rohana's lawyer argued he hadn't been charged under the right law.

Rohana was attending a Christmas-themed ugly sweater party at the Franklin Institute when he entered a closed exhibit of ancient Chinese terra cotta warrior statues. Authorities say Rohana snapped the thumb of a statute called "The Cavalryman" and left with it. The incident was captured by surveillance cameras.

Rohana told jurors it was a stupid, drunken mistake.

The vandalism outraged Chinese officials.

A message was left with Rohana's lawyer seeking comment Thursday.

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