Yeah and they can easily do this with a mistrial with prejudice easy enough as well sense the matter wasnt decided fully.no he won't be killed. what will happen instead is they'll drag him into court again and again. civil suit for wrongful death, one for each of the guys he killed, another civil suit from the survivor that got his bicep blown out, maybe another civil suit over some bystanders getting PTSD from having to witness these gruesome acts of violence, etc.
Kyle only gets fully off with a not guilty. Even then he will be up to his ass in civil suits that he has to pay to fight off even if just to get the dismissals filed.