A Scott County judge declared a mistrial in the case of Jonathan J. Behan Jr. after jurors said they were hopelessly deadlocked.
The jury of eight men and four women, which got the case late Thursday morning, sent Judge Mark Smith a note Friday afternoon saying that there had not been any change in the status of their deliberations since they were dismissed for the day late Thursday afternoon.
Smith brought in the jurors and asked the foreman if there were any members of the jury who were “in a frame of mine conducive to changing his or her opinions or conclusions about this matter.”
“In my opinion, no,” the jury foreman told the judge.
The jury on Thursday also said they were split on a verdict.
Smith set a pretrial conference for May 26. He said the retrial will be scheduled in the next 90 days.
Behan declined comment Friday.
Prosecutors say on the night of June 23, Behan had driven Daniel Garcia, 18, to the parking lot of Wood Intermediate School in Davenport to meet up with Cotton to buy marijuana.
Prosecutors say Cotton was standing on the running board of Behan’s Ford F150 pickup truck when Behan started to pull off. Cotton clung to the side of the truck as Behan drove recklessly until Cotton separated from the truck in the 2100 block of West 58th Street.
Cotton suffered fatal injuries to his head. Police were called to the scene around 10:30 p.m. and found him lying in the street.
Behan was arrested the next day.
Assistant Scott County Attorney Kimberly Shepherd argued during her closing argument Thursday that Behan did not call 911 or get help after Cotton separated from the truck.
Defense attorney Eric Reyes argued that prosecutors did not prove that Behan or his truck were even involved in the incident and disputed that there was evidence that the truck that was involved was driving recklessly.
He also disputed the testimony of Garcia, who he said gave conflicting statements and had had a motive to lie and pin the incident on Behan.