The jury deliberating the fate of St. Marys optometrist Dr. Douglas Wine  will resume deliberations Friday morning in Auglaize County Common Pleas Court in Wapakoneta.

Judge Frederick Pepple sent the jury of six men and six women home for the night shortly before 10 p.m. Thursday after the jurors asked for a "break."  They had already spent seven hours behind closed doors trying to decide if  Dr. Wine was guilty or not guilty of the rape of a woman inside his home in October 2009.

The jurors sent a note to Judge Pepple telling him they were at a "gridlock." A short time later a second, hand written note was sent to the judge advising that they had resumed open discussions, but needed a break.

In his instructions to the jury earlier in the day, Pepple said they could convict or acquit Wine of the rape charge. Pepple also instructed the jury it could convict Wine of one of two possible lesser-included charges of sexual battery or gross sexual imposition, if the state fails to prove the rape charge.