Posted on 04/09/2012 9:30:38 AM PDT by Altariel
The special prosecutor assigned to review the Feb. 9 fatal shooting of local housewife Patricia Ann Cook by a Culpeper Police Officer has requested a special grand jury investigate the matter.
Potential grand jurors from Culpeper could be summoned as early as next week to commence their work the first week of May, according to Fauquier County Commonwealths Attorney James P. Fisher. The special prosecutor said he was hopeful the grand jury review and evidentiary review could be complete by the end of June at which time all the forensic and scientific evidence would also be finalized.
Whether such an investigation results in prosecution or refusal to indict, such an investigative grand jury, while independent from the prosecutor, is a collaborative and additional investigative force, Fisher wrote in paperwork filed in Culpeper County Circuit Court Monday morning. An investigative grand jury will greatly aid the process of fully and expeditiously investigating the incident
Fishers filing does not name the Culpeper Police officer who fired his department-issued .40-caliber Glock multiple times killing Cook, 54, after a reported physical altercation in a parking lot of Epiphany Catholic School on North East Street. According to the Virginia State Police, the officers arm was trapped in the drivers side window of Cooks Jeep and he was being dragged as she drove away. An eyewitness says the officer was not being dragged and his arm was never trapped. Cook managed to turn left out of the parking lot before crashing her Jeep into a utility pole about a block away.
In his court filing Monday, Fisher said the officer was called to a suspicious persons complaint, and that during the investigation of the complaint he discharged his weapon killing Cook. In his filing, Fisher referenced the Virginia Code in requesting the investigative grand jury appointment saying, such a grand jury may be convened to investigate any condition that involves or may involve criminal activity, either in the community or by any governmental authority, agency or official thereof.
In addition, Fisher wrote in court documents, an investigative grand jury fortifies the investigative process as well as the decision to indict or not to indict.
He said in a release that an investigative grand jury would provide an expanded dimension to the investigation while (providing) enhanced legitimacy to the ultimate issue, which is the existence or nonexistence of probable cause that would support the issuance of criminal charges.
An investigative grand jury has seven to 11 members whose identities remain confidential. Such a grand jury has the power to subpoena witnesses, documents and records, according to Fisher, and issue formal indictments. A petit jury would prosecute any charges in court.
The officer under investigation in the shooting, a five-year veteran of the Culpeper PD, has been placed on paid administrative leave, according to the town. His name has not been released. According to the town, as standard practice the agency does not release the names of persons of interest or who are the focus of an investigation until such time as charges are placed or an arrest is made. If indicted by the special grand jury, the officers name would be made public.
The shooting incident continues to evoke strong emotion in small-town Culpeper as citizens demand answers into the circumstances that left an unarmed woman dead on an otherwise quiet Thursday morning nearly two months ago. According to written policy of the Culpeper PD, deadly force can only be used when an officer reasonably believes that he/she is in imminent danger of death or serious injury or when the officer believes another is in danger of the same.
According to Fishers news release, only several days per month can be set aside for grand jury work in Culpeper County due to the lack of a resident judge.
Fisher was appointed special prosecutor in the Cook shooting the week after her death as Culpeper County Commonwealths Attorney Gary Close recused himself. Close, first elected in 1991, resigned last month following a different controversy surrounding local authorities investigation and prosecution of Michael Wayne Hash convicted of capital murder in the 1996 murder of Thelma Scroggins. Hash was let out of jail last month while a different special prosecutor decides whether to retry him.
Meanwhile, friends, family and the community continue to grieve Cooks violent death in a neighborhood behind Main Street. It remains unknown why she was parked at the Catholic school on that particular morning or what transpired when the officer responded after school authorities reported her as a suspicious person.
Patricia Cook was a retired cosmetologist originally from Alton, Ill. She moved to Culpeper about eight years ago after marrying Gary Cook, who works for the federal government. Mrs. Cook was active in the childrens ministry at Culpeper United Methodist Church designing crafts and cooking in the kitchen for midweek services. At her memorial, Cook was remembered as someone who loved to read her Bible, collect seashells, care for her home and help others.
Mr. Cook, grief stricken over losing his wife, has retained attorneys and notified the town of a potential civil suit in the incident. Lawyer David Kendall of Charlottesville said Monday he was glad to hear of the request for a special grand jury in the matter.
Its good that there is finally movement on the investigation. Its always positive to have some breaking developments in a case of this magnitude, said Kendall, representing Gary Cook. I just think the professional way to approach this is to let the special prosecutor and the state police take all the time that they need and do what is necessary for that portion of the process to go forward.
Kendall said Mr. Cook, who could not be reached for comment Monday, feels the same way.
We understand and Mr. Cook understands that we need to be patient, Kendall said, adding. If we drag on into seven months there comes a point where we will be pushing some limits there, but it hasnt even been two months yet. We will continue to be patient will wait until the investigation is complete.
Any civil proceedings would follow that process, he said.
Culpeper Police Chief Chris Jenkins said Monday they continue to await the outcome of the VSP investigation.
A thorough investigation is needed in this case, and the use of the special grand jury ensures that this case gets the attention it needs, he said.
Fishers documents requesting a special grand jury were officially filed in the Culpeper County Circuit Court Clerks Office Monday at 8:45 a.m., according to the stamp bearing the name of Circuit Court Clerk Jan Corbin. The clerks office, however, would not release the papers Monday saying the judge had to sign off on them first. Corbin said she did not have the filing.
Fisher provided a copy of his filing to the Star-Exponent.
Any clue as to what really happened here? Strictly on the face of it, sounds like an out-of-control cop got trigger happy, but there are two sides to everything.
One thing is certain; cops don’t pull that Glock 23 and blast away for nothin’.
You said:”One thing is certain; cops dont pull that Glock 23 and blast away for nothin”
I say; Sorry but you are too trusting.I had the misfortune in the late 80s to work in a department with an officer who had been fired from his city police job.
This officer bragged of illegally shooting “stray”(any cat without a collar) at night with a .22 while on patrol.That would be illegal discharge of a firearm within city limits AND it is also an offense to destroy someone else pet or livestock without cause,albeit the fine back then was only $50.These animal shootings were not city policy.What about misses and stray bullets???!!
This officer was reprimanded for his habit of approaching every traffic stop with gun drawn and held behind his back !!!
What finally got him fired was tampering with police computer records!
And after I had left “my” local department one of the officers pointed his gun at a woman with young child ,who had “attempted to evade pursuit” by driving all of 35mph to a spot she felt safe in pulling over;didn’t ever see that he was fired;just needed more “training”.
All too many become police because they want to swagger around with a gun on their hip.I’ve met a few that didn’t make police and took a security job,even accepting lower pay in order to get the armed position!
A different officer nearby is being investigated for dragging a woman out of her car and throwing her to the ground when she argued that she did not run the stop sign;it seems she thought he was taliking about the intersection just passed but the officer was going to cite her for one several intersections and quite some distance behind.
There ARE people out there who feel empowered beyond reason by wearing a uniform and gun.
Not every cop,indeed I wonder if even the majority these days, geenuinely wants to protect and serve the public.
I don’t hate cops;I do hate BAD cops!
I didn’t say there aren’t bad cops. IMHO, there are FAR too many of them loose on the streets. Too many Dirty Harry wannabes.
What I did say is that they don’t go blasting that Glock 23 (.40 cal) for the hell of it. Your examples bear that out, even though in each case you describe the officer should have either been severely disciplined or outright fired.
All I’m saying is that to cross the HUGE line into actually shooting someone to death for the hell of it is not a super-common occurrence. Of course it has happened, happens, and will happen. It’s not the norm.
Unfortunately, it is occurring all too often of late. The Seattle woodcarver and Jose Guerena come to mind as other recent examples.
I hope the late Mrs. Cook receives justice.
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