Summit County Common Pleas Judge Jay Wells — who is leaving office at year's end — must decide whether to sentence Hedy Moss before he passes the gavel.

A jury last month returned a split decision against Moss, who is accused of shooting two Akron men this year in a dispute over a handgun. One of those men, Ernest Sherman, 55, died.

Jurors last month deadlocked on the most serious charges against Moss, including murder. They convicted Moss, however, of felonious assault, having weapons while under disability and tampering with evidence.

During a hearing Friday, prosecutors asked Wells to hold off sentencing Moss because they plan to retry her for murder in the case.

Defense attorneys, however, want Wells to determine their client's fate because, among other things, he sat through the trial. A new judge who only reads the transcript of the testimony might not have the same insight as Wells, who saw and heard the testimony, defense attorneys Erik Jones and Jeff Laybourne said. 

Wells is considering what he will do and scheduled Moss' next hearing for Thursday.