Hung Jury Ends Trial Over Beanbag Round Fired During 2020 Protest

LITTLE ROCK, Ark. — A federal civil trial over a beanbag round that struck a Little Rock lawyer in the face during the 2020 Black Lives Matter protests ended Monday in a mistrial after jurors failed to reach a verdict on one of the key claims.

Background of the Case

Don Lloyd Cook, 57, a data security attorney from Little Rock, filed the lawsuit after he was injured on June 1, 2020. Cook said he was walking away from the State Capitol Building around 10:30 p.m. when he was struck by a lead-filled beanbag round fired by Arkansas State Police Trooper First Class Ryan Wingo. The round hit Cook in the face, knocking him unconscious. He required emergency medical care and surgery for injuries to his head, jaw, and teeth.

Cook had joined protests that erupted nationwide following the killing of George Floyd by a Minneapolis police officer. He said he went downtown that night to look for a friend and was leaving when police began ordering protesters to disperse.

The Lawsuit

Cook filed his lawsuit on June 10, 2022, naming Wingo, Lt. Jeff Sheeler, Lt. John S. Joe, and Col. Bill Bryant, then director of the Arkansas State Police, as defendants. Joe and Bryant were later dismissed, leaving Wingo and Sheeler as the remaining defendants.

Cook accused Wingo of using excessive force and claimed both Wingo and Sheeler falsely arrested and retaliated against him. The case was tried before Chief U.S. District Judge Kristine G. Baker in Little Rock.

Trial Proceedings

The trial began Oct. 20 and lasted five days. Cook’s attorneys, Mike Laux and Austin Porter Jr., called 12 witnesses before resting their case. Attorneys for the state, Laura Purvis and Justin Brascher from the Arkansas attorney general’s office, called only one witness — Wingo — before resting for the defense.

After closing arguments Friday, the jury began deliberations that afternoon and continued into Monday. Jurors deliberated about five and a half hours before informing Baker they could not agree on a verdict for the excessive force claim.

Jury’s Decision and Mistrial

The jury did reach verdicts on two claims, finding in favor of Wingo and Sheeler on Cook’s allegations of false arrest and retaliation. But the panel remained split on the excessive force count. At 1:55 p.m. Monday, the court received word that the jury was deadlocked, and at 2:32 p.m., Judge Baker declared a mistrial.

Court records show the jury sent three notes to the judge during deliberations, asking about what would happen if jurors changed their minds on one count and seeking guidance on what evidence to use for the excessive force decision. Their final note confirmed they could not reach a unanimous verdict.

It is not immediately clear Monday night whether Cook and his attorneys plan to seek a new trial.