Republican Benton County judge candidate, state Rep. Austin McCollum accused of battery, assault
BENTONVILLE — State Rep. Austin McCollum was booked into the Benton County Jail at 2:13 a.m. Saturday after being accused of aggravated assault, false imprisonment and domestic battery.
By Saturday evening, he was facing numerous calls from within his own party to resign his seat in the state Legislature and withdraw from the county judge’s race in Benton County.
McCollum, 35, was arrested by the Benton County Sheriff’s Office on suspicion of aggravated assault on a family or household member, false imprisonment in the first degree and misdemeanor domestic battery, according to Sheriff’s Office spokeswoman Shannon Jenkins.
Formal charges have not been filed against McCollum, who was being held in jail with no bond set Saturday and awaiting a bond hearing.
“I’ve been made aware of the arrest and the ongoing investigation,” Benton County Prosecuting Attorney Bryan Sexton said. “As it is an active investigation, I do not wish to comment further at this time.”
McCollum beat Benton County Justice of the Peace Carrie Smith in the March primary election, securing the Republican nod for the county judge’s seat.
Incumbent County Judge Barry Moehring — another Republican — announced July 24, 2025, he wouldn’t seek a fourth term. His current four-year term runs through the end of the year.
McCollum is the only candidate slated for the Nov. 3 general election at this time. No Democrat filed. Neither did Taylor Sizemore of Bentonville, an independent who declared his candidacy earlier, Benton County Clerk Betsy Harrell confirmed Saturday.
Several prominent Republicans who had previously endorsed McCollum in the county judge’s race withdrew their support Saturday.
“The allegations against Representative McCollum are appalling, and I’m praying for his wife and children,” Gov. Sarah Huckabee Sanders said. “I absolutely condemn violence of any form, and if these credible, sickening allegations are accurate, I call on him to immediately resign his office and drop out of the race for county judge.”
U.S. Sen. Tom Cotton, R-Ark., echoed that sentiment, saying, “if accurate, I urge him to resign from the House and end his campaign for county judge.”
U.S. Rep. Steve Womack, R-Ark., took to social media site X to say perpetrators of domestic violence must be held accountable and calling the accusations against McCollum serious enough to warrant his immediate resignation from the county judge’s race.
“Selection of the next CEO of Benton County should be accomplished free of unnecessary distractions,” Womack wrote.
Barbara Tillman, chairman of the Republican Party of Benton County, said in an emailed statement the accusations against McCollum were “deeply troubling.”
“Domestic violence has no place in our homes, our communities, or especially among those entrusted with public office,” the statement says. “While every individual is entitled to due process and the presumption of innocence in our legal system, the public also has the right to expect the highest standards of character and conduct from its elected leaders.”
House Speaker Brian Evans, R-Cabot, said in light of the accusations and pending criminal charges against McCollum that he was immediately removing McCollum from all House leadership positions, including his committee vice-chairmanship, and stripping him of all House membership privileges and benefits associated with those positions.
“Domestic violence is a serious offense that shatters families, harms victims, and erodes the trust that public servants are expected to uphold,” Evans said. “Every allegation of abuse must be treated with the seriousness it deserves. I am praying for everyone affected by these events, especially the family involved, and that justice will be determined through the legal process.”
Evans said McCollum should resign from the Legislature, “or I will convene the House to take the necessary actions.”
Arkansas Lt. Gov. Leslie Rutledge announced Saturday she was withdrawing her endorsement of McCollum and calling on him to resign as well.
“He should resign his seat in the House of Representatives and end his candidacy for County Judge,” Rutledge said in an emailed statement. “The allegations against him are serious and disturbing. I have long held that there is no place for domestic violence in Arkansas. My concern is for those affected by his alleged actions. I am praying for his family, and I am confident that justice will be served.”
Arkansas Attorney General Tim Griffin also called on McCollum to resign his house seat and immediately withdraw from the county judge’s race.
“I am appalled and disgusted by the abhorrent domestic violence allegations against State Representative Austin McCollum,” Griffin said in a Facebook post. “He should resign from the State legislature and withdraw from his race for County Judge immediately.”
Griffin said domestic violence is reprehensible and there is never justification for it.
“Every victim deserves to be heard, protected, and treated with dignity and respect,” he wrote. “Those who commit acts of domestic violence must be held accountable to the fullest extent of the law. My prayers are with the victim and all those impacted by these revolting acts.”
Benton County Justice of Peace John Rissler, R-District 12, posted on Facebook he was among those withdrawing their endorsement for McCollum.
“When I endorsed Austin McCollum for Benton County Judge, I did so because I believed he would serve our county with integrity and sound judgment,” Rissler said. “In light of the recent events and the serious allegations that have come to light, I am withdrawing my support for his candidacy.”
Rissler said in the post the office of county judge requires the confidence and trust of the people, adding he believes it is important those seeking office are able to uphold that trust.
“At the same time, this is a difficult situation for everyone involved,” Rissler wrote. “My prayers are with Austin, his family, and all those affected. I sincerely pray that he receives the help he needs and that his family finds strength, comfort, and peace in the days ahead. I also pray for truth, justice, and healing as the legal process moves forward.”
The county judge is the chief executive of county government in Arkansas. The Benton County judge is paid an annual salary of $170,047, according to the 2026 county budget.
There are provisions in Arkansas law for replacing a party’s nominee, but the specified causes for declaring a nomination’s vacancy in Arkansas Code 7-1-101 are the nominee’s death, serious illness, filing for another office or leaving the district.
The state Republican Party would have to notify the governor there is a vacancy within 10 days of learning the candidate was not able to continue, as specified under Arkansas Code 7-7-104. The governor would then ask if the party will pick a replacement by county party convention or by special election. Time is a factor. The party must fill the vacancy at least 76 days before the Nov. 3 election to have its candidate appear on the ballot. There were 94 days left before the Nov. 3 election as of Saturday.
McCollum has served in the Arkansas House of Representatives since 2017. He was appointed vice chair of the House Advanced Communications and Information Technology Committee in January 2025. McCollum worked in finance and business analytics for a retail company when he first joined the Legislature.
After the primary election McCollum said he was “looking forward to working on a budget that prioritizes public safety.”
ABOUT THE PENDING CHARGES
According to state code, a person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely:
• Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member;
• Displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member; or
• Impedes or prevents the respiration of a family or household member or the circulation of a family or household member’s blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the family or household member.
A person commits false imprisonment in the first degree if, without consent or lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person’s liberty in a manner that exposes the other person to a substantial risk of serious physical injury, according to state law.
Aggravated assault on a family or household member is a Class D felony, first-degree false imprisonment is a Class C felony and the domestic battery charge against McCollum is listed in jail records as a Class A misdemeanor. A Class D felony is punishable by up to six years in prison upon conviction while a Class C felony can result in three to 10 years in prison if a person is found guilty of the charge. A Class A misdemeanor is punishable by no more than one year of incarceration.
According to Article 5, Section 9 of the state constitution, no person convicted of a felony can serve in public office in Arkansas.
Tracy M. Neal can be reached by email at [email protected]. Northwest Arkansas Democrat-Gazette reporter Doug Thompson contributed to this report.
Tracy Neal
Tracy Neal is an award-winning reporter who covers criminal justice (courts and crime) for the Northwest Arkansas Democrat-Gazette. He’s been a reporter in Northwest Arkansas for more than two decades. He’s from Bastrop, La.
