A Common Pleas judge yesterday declared a mistrial in the case of a teen accused of nearly shooting a Tastykake driver to death after jurors deadlocked.

Assistant District Attorney Leon Goodman said after the hung jury was announced that his office plans to retry defendant Carlos Petty, now 17, of Southwest Philadelphia on charges of attempted murder, aggravated assault, robbery, conspiracy and weapons offenses.

The prosecution contended that Petty shot Kyle Winkfield, now 21, in the chest outside a West Philadelphia store last year.

After Judge Denis Cohen announced the mistrial early yesterday afternoon and dismissed the jury, the panel told the attorneys that they had been divided - seven for conviction, five for acquittal, Goodman said.

The panel of 10 women and two men had deliberated for about 15 hours over four days.

Goodman said he was disappointed by the hung-jury outcome. "The evidence of what we had, the statements of what we made of the witnesses, citizen tips from the Citizens Crime Commission point to this person as the person who did it," he said.

Kyle's mother, Anita Winkfield, and his grandmother, Shirley Winkfield, had been in court each day of the trial.

"Of course, I would have liked to see it finished," Anita Winkfield said by phone. "The main evidence to me was that Kyle, he knew who shot him. Any time you're shot that close-range, you're not going to forget."

Kyle Winkfield testified at the trial that Petty was one of two men who rushed him by his Tastykake truck about 2:40 p.m. March 16 outside Nadia's Market at 62nd and Vine Streets. While he was struggling with the other man, Winkfield said that Petty "put up his arm and aimed at me" with a gun he had "tucked in his sleeve."

Winkfield identified Petty in a police photo spread four days after the shooting. He also identified him in a lineup in April and on the witness stand last week.

"When he went to testify, that was hard for him," his mother said yesterday. "He really didn't feel comfortable being in a courtroom at that close proximity with someone who shot him."

Authorities are searching for the second man in the attempted robbery-turned-shooting.

Petty, his mother, Cyrena Bowman, and his grandmother, Gina Garland, had testified at trial that Petty was at their Kingsessing home watching TV with a friend, Marc Tart, at the time of the shooting.

Defense attorney David Dougherty could not be reached yesterday for comment.

Petty remains in custody at the House of Correction pending the retrial, which could take place in June, Goodman said. *