Henry's court case for assault in Hamilton County (Ohio) that alleged he punched an 18-year old in the face on March 31 resulted in a hung jury as the group of eight jurors was unable to reach an agreement.
During the trial, the judge dismissed a second charge of criminal damaging. The Bengals released Henry on April 3 after his fifth arrest since 2005, and last month he was suspended indefinitely by the NFL.
But for now, the undetermined verdict on the assault charge leaves Henry's playing status up in the air for 2008.
"We're all just hoping that it's going to get handled and handled the proper way," Henry's agent Marvin Frazier said Wednesday.
Frazier added that Henry and his lawyers are unsure if this ruling will eventually lead to a second trial or a mistrial where the assault charge could be thrown out. But the indefinite suspension will not be lifted or permanently upheld until that decision is reached.
Henry thought he would learn his NFL fate after this trial, but the ruling only made things more confusing.
"Chris is doing OK," Frazier said. "But naturally, he wants everything to be handled. But we're just going to leave everything up to the justice system and hope they make the right decision."
James Walker covers the NFL for ESPN.com. The Associated Press contributed to this report.