Cook convicted in Batavia man's death but acquitted of murder

ST. CHARLES – An Aurora man has been convicted of driving drunk in a stolen vehicle and running down a Batavia man out walking his dog last summer.

But Edward Cook avoided the most serious charges against him, after a judge found him not guilty of felony murder in the death of 57-year-old David Long.

On Friday, Associate Judge T. Jordan Gallagher convicted Cook, 25, of Aurora, of reckless homicide, 15 counts of aggravated driving under the influence, a count of unlawful possession of a converted motor vehicle – meaning he took a car that did not belong to him with the intent of returning it, but did so without the owner's permission – and several traffic offenses stemming from the July 2009 incident that claimed the life of Long and his dog, Shadow.

The ruling came about one month after Gallagher presided over Cook's two-day bench trial in April.

Prosecutors from the Kane County State's Attorney's Office had sought a conviction on murder charges for Cook. They argued that state law allowed the judge to find Cook guilty of murder since he killed Long while committing other felonies.

In this case, prosecutors said that since Cook took a car without the owner's permission and drove that car while drunk and without a driver's license, he could be convicted of murder.

Gallagher agreed that prosecutors had proven that Cook was driving, while under the influence of alcohol, a car that did not belong to him and was driving uncontrollably at a high rate of speed when the vehicle he was driving struck mailboxes, other cars and ultimately drove onto the sidewalk, striking Long and his dog.

Cook had admitted to police that he knew he did not have a driver's license and that he had drank alcohol and smoked marijuana in the hours before the crash, which occurred at 6:45 a.m.

Gallagher, however, sided with Cook's defense lawyer, Public Defender David Kliment, who argued that the facts in the case did not rise to the level of a murder conviction.

"Those facts do not equal felony murder," Gallagher said.

"They do, however, equal reckless homicide."

As Gallagher read the verdict of not guilty on the charge of felony murder, Cook turned in his chair to look back at his family seated in the courtroom and smiled. He continued to smile as he was led from the courtroom after the verdict was read.

He is scheduled to be sentenced July 23.

Outside the courtroom, Long's family declined comment, saying they did not wish to say anything publicly about the case until after Cook is sentenced.

Kliment said he was not surprised by the verdict.

He said the incident resulting in Long's death was "a terrible thing," but that he "never thought this was a first-degree murder case."

"We told him (Cook) that the best outcome he could hope for was not guilty on first-degree murder," Kliment said.

Prosecutors said they continued to differ with Gallagher on his interpretation of the case law the judge cited to support his ruling.

"We are looking forward to a very vigorous sentencing hearing," said Kane County Assistant State's Attorney Greg Sams.