BOSTON -- A judge dismissed a juror in the retrial of Dwayne Moore, a Boston man charged with fatally shooting four people and leaving a fifth paralyzed during a drug-related robbery.

With less than a full day of deliberations under their belt, Suffolk Superior Court Judge Jeffrey Locke dismissed a male juror who had been researching evidence involving a gun presented in the trial of Dwayne Moore.

"It's an unfortunate circumstance when you aren’t able to have the original deliberating juror and bring it to a conclusion, but that's why we have alternate jurors,” said Moore’s attorney, John Amabile.

Moore is charged with killing three adults and a toddler, who was shot in his mother’s arms, in Boston's Mattapan neighborhood in September 2010. Moore's first trial ended with a deadlocked jury.

The jury began deliberating on Thursday. On Friday a sick juror forced deliberations to be suspended and then Monday morning the foreperson of that panel was questioned along with other jurors, all individually. The judge was not happy.

“He did appear to be upset and I think it's legitimate that the judge would be upset if people don’t follow his rules and his mandates," said Amabile.

The judge said he was upset that the juror had violated his instructions and not only researched ballistics but talked to other jurors about it. In the end he only discharged one man and let the other 11 jurors remain and added an alternate and told them to start over.

“I want justice to be done. That’s what happens when you have to substitute an alternate juror for the deliberating juror. They’re required to start from scratch,” said Amabile.

Following suit, the jurors wiped the slate clean and started anew on Monday.