After arrest, local businessman files notice of claim against Greene PD
GREENE – A gun store owner who was recently arrested for aiming an assault rifle at his brother during a verbal dispute has begun filing a civil suit against the Village of Greene, singling out the local police chief in the complaint.
On Aug. 6, 49-year-old Wayne Cook Jr. was arrested on menacing charges in Greene over an incident that allegedly took place three weeks earlier.
Greene Police Chief Steven Dutcher, who is personally named in the notice of claim, said his department arrested Cook at his Water Street address after they received a complaint that he had pointed an AK-47 assault rifle at another person during a verbal dispute on his back porch.
Dutcher did not identify the victim in the case, saying only that he had a prior personal relationship with the defendant. Court documentation filed with the Supreme Court of Chenango County identifies the victim as the defendant’s brother.
Dutcher said Cook’s residence is also his place of business, Cook and Sons Fine Guns. Following the arrest, police obtained a search warrant and seized 47 long guns, including the suspect AK-47.
Cook was arraigned in village court and remanded to the Chenango County Correctional Facility in lieu of $20,000 cash bail.
He later posted bail and contacted his attorney, Ronald R. Benjamin of Binghamton, who promptly filed a notice of claim against the Village of Greene, citing improper conduct by Dutcher.
Dutcher also confirmed an earlier statement, that Cook has disputed, that local police agencies had visited his residence over 13 different complaints, many over harassment and neighbor disputes, in the weeks leading up to the arrest.
“We feel it was a gross abuse of authority by the chief of police. He knows or should have known this incident never occurred. If he had carried out even a minimal investigation, he would’ve found it to be a frivolous complaint,” said Benjamin.
Speaking on behalf of Cook, Benjamin said Dutcher used his influence with the local court to have a higher bail placed on his client and to obtain a “frivolous search warrant.”
After filing the notice of claim, Benjamin said the Village of Greene had 30 days to respond before a civil suit against them and others involved would proceed to Chenango County Supreme Court.
“The notice of claim must give them 30 days notice and the chance to resolve the issue. We’re giving the village time to resolve it; if they don’t we’ll bring it into supreme court and everybody that’s a proper defendant will be named,” he said.
Dutcher declined to comment on the pending suit, saying he was prohibited from discussing the details of a pending legal action.
The chief did say the claims of improper conduct and arrest were false and that officers handled the complaint like any other.
The notice of claim lodges a number of complaints against the police chief specifically, including Cook’s official encounters with Dutcher prior to his recent menacing arrest.
In one instance, Cook accuses the chief of ordering him not to construct a fence on his property, which was inspired by a separate neighbor dispute, without any legal power to do so.
In the document the defendant explains his side of the story involving his menacing arrest and says his brother Timothy Cook, the alleged victim, stole three batteries and destroyed a power drill during the argument.
Wayne Cook states he contacted the Chenango County Sheriff’s over the incident and filed his own complaint prior to his brother’s. The notice of claim then says Timothy Cook went to the Greene Police to file a counter complaint after he learned that his brother had contacted police first over the destroyed property.
Cook also claims that a neighbor living across the street witnessed the dispute and made statements to deputies in his brother’s investigation. He also claims that the neighbor’s statements will contradict the allegations that he pointed a weapon at his brother.
Cook has been a federally registered gun dealer since July 2008 and a gun collector for the last three decades.
Benjamin said he would be in Village of Greene court this week in an attempt to get his client’s property returned, bail reduced and the charges dropped.
On Aug. 6, 49-year-old Wayne Cook Jr. was arrested on menacing charges in Greene over an incident that allegedly took place three weeks earlier.
Greene Police Chief Steven Dutcher, who is personally named in the notice of claim, said his department arrested Cook at his Water Street address after they received a complaint that he had pointed an AK-47 assault rifle at another person during a verbal dispute on his back porch.
Dutcher did not identify the victim in the case, saying only that he had a prior personal relationship with the defendant. Court documentation filed with the Supreme Court of Chenango County identifies the victim as the defendant’s brother.
Dutcher said Cook’s residence is also his place of business, Cook and Sons Fine Guns. Following the arrest, police obtained a search warrant and seized 47 long guns, including the suspect AK-47.
Cook was arraigned in village court and remanded to the Chenango County Correctional Facility in lieu of $20,000 cash bail.
He later posted bail and contacted his attorney, Ronald R. Benjamin of Binghamton, who promptly filed a notice of claim against the Village of Greene, citing improper conduct by Dutcher.
Dutcher also confirmed an earlier statement, that Cook has disputed, that local police agencies had visited his residence over 13 different complaints, many over harassment and neighbor disputes, in the weeks leading up to the arrest.
“We feel it was a gross abuse of authority by the chief of police. He knows or should have known this incident never occurred. If he had carried out even a minimal investigation, he would’ve found it to be a frivolous complaint,” said Benjamin.
Speaking on behalf of Cook, Benjamin said Dutcher used his influence with the local court to have a higher bail placed on his client and to obtain a “frivolous search warrant.”
After filing the notice of claim, Benjamin said the Village of Greene had 30 days to respond before a civil suit against them and others involved would proceed to Chenango County Supreme Court.
“The notice of claim must give them 30 days notice and the chance to resolve the issue. We’re giving the village time to resolve it; if they don’t we’ll bring it into supreme court and everybody that’s a proper defendant will be named,” he said.
Dutcher declined to comment on the pending suit, saying he was prohibited from discussing the details of a pending legal action.
The chief did say the claims of improper conduct and arrest were false and that officers handled the complaint like any other.
The notice of claim lodges a number of complaints against the police chief specifically, including Cook’s official encounters with Dutcher prior to his recent menacing arrest.
In one instance, Cook accuses the chief of ordering him not to construct a fence on his property, which was inspired by a separate neighbor dispute, without any legal power to do so.
In the document the defendant explains his side of the story involving his menacing arrest and says his brother Timothy Cook, the alleged victim, stole three batteries and destroyed a power drill during the argument.
Wayne Cook states he contacted the Chenango County Sheriff’s over the incident and filed his own complaint prior to his brother’s. The notice of claim then says Timothy Cook went to the Greene Police to file a counter complaint after he learned that his brother had contacted police first over the destroyed property.
Cook also claims that a neighbor living across the street witnessed the dispute and made statements to deputies in his brother’s investigation. He also claims that the neighbor’s statements will contradict the allegations that he pointed a weapon at his brother.
Cook has been a federally registered gun dealer since July 2008 and a gun collector for the last three decades.
Benjamin said he would be in Village of Greene court this week in an attempt to get his client’s property returned, bail reduced and the charges dropped.
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