I generally agree, but I doubt that the prosecution re-tries any charges on which the jury does not come to a unanimous verdict. That said, the prosecution's case is so bad, and the judge is so favorable, that the defense may not even have to make their case to get Kyle acquitted of at least the most serious charges, and there's a case to be made for severance/dismissal of the two misdemeanor charges, so it could come down to the jury not getting a say in anything but the reckless endangerment charges.