Arrogant and short-tempered, Floyd had vowed he would never spend a day in jail. He had previously avoided jail time for other crimes, including killing a black man in North Carolina, nearly killing the successful purchaser of a farm he wanted, and even attempting to kill his own brother. Prosecutor William Foster (who had won his elective office by defeating another Allen clan member) received death threats, but proceeded to trial beginning on March 12. However, the jury was deadlocked and therefore kept overnight in a local hotel. The next morning, after Floyd was convicted, Judge Thornton Massie refused to set aside the verdict (as had happened in an earlier case), and sentenced Floyd Allen to a year in jail and a $1000 fine, at which point Allen stood up and openly refused to go.