A guilty verdict and mistrial was handed down to Kerry Cook yesterday. Cook was involved in a 2004 domestic dispute. When police arrived, Cook hid in a closet, a fight ensued when police found him, and Cook was shot in the stomach. The jury found Cook guilty of resisting arrest, but on the felony charge, assaulting a police officer, the jury found themselves deadlocked eight to four, forcing the judge to declare a mistrial.

“They felt there was some additional evidence needed to corroborate some of the things we heard,” Jury Foreman Tom Pitt told the Newsplex.

“Clearly we felt Kerry Cook was the victim of an unfortunate police shooting and there was excessive use of force by the police officers at the scene,” said Cook’s defense attorney Bill Rogers. Of course, the Commonwealths attorney said the shooting was justified, and that they plan on retrying the case. Cook, who has been in custody 21 months, was sentenced to nine months in jail for resisting arrest.