FILE - In this April 2, 2019 photo, Michael Rohana leaves the James A. Byrne U.S. Federal Courthouse in Center City Philadelphia. Federal prosecutors plan to retry Rohana, a Delaware man who admitted he broke a thumb off a $4.5 million statue at a Philadelphia museum. reports prosecutors told a judge Thursday, May 16 they're refiling charges agains Rohana for theft and concealment of an object of cultural heritage. (Tim Tai/The Philadelphia Inquirer via AP, File)

Retrial planned for man who broke $4.5M statue's thumb 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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