Gun shop owner convicted of threatening to kill with an assault rifle
GREENE – Earlier this month, a jury convicted a Village of Greene gun shop owner of threatening to kill his brother while aiming an AK-47 assault rifle at him. Local officials say he’ll most likely be allowed to keep his firearms and continue selling guns from his mobile home business.
On Aug. 6, 2009, 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 said his department arrested Cook at his 12 Water St.. address after they received a complaint he had pointed an AK-47 assault rifle at another person during a verbal dispute on the defendant’s back porch.
Dutcher said Cook has been a federally-registered gun dealer since July 2008 and a gun collector for about three decades.
Following the arrest, Cook filed a notice of claim against the Village of Greene and the Police Department claiming his rights were violated and cited police bias. However, the lawsuit never moved forward and was dismissed after Cook failed to show up for a civil hearing on the matter in county court, according to Dutcher.
The criminal case went before a jury May 8 in a Saturday trial that lasted over 13 hours. A six person jury returned a verdict of guilty on the charge of second degree menacing at around 10:45 p.m. after more than two and a half hours of deliberation.
Cook owns and operates Cook & Son Fine Guns from his residence and law enforcement officials said Wednesday he would be allowed to maintain his business despite the misdemeanor conviction.
“New York State requires a felony conviction to remove someone’s right to firearms. That was never even an issue or a concern for us; it’s not in our control and it was never our goal at anytime to remove the defendant’s weapons over a misdemeanor unless the law dictates otherwise,” said the prosecutor in the case, Assistant District Attorney Michael Ferrarese. “It’s been our position though that since the initial arrest by the Greene PD this was a lawful arrest and this case was not treated any differently than any other menacing case that would come into our office.”
On July 27, the Cook brothers were involved in verbal dispute on the defendant’s property and during that argument, Wayne Cook picked up a wooden stock AK-47 assault rifle pointed it at the victim and allegedly stated, “I ought to blow your (expletive) head off,” according to statements given to police by the victim.
Ferrarese said the conviction indicated that the jury believed beyond a reasonable doubt that Cook placed the victim in fear of serious physical injury or death with the use of a firearm.
Police executed a search warrant at the gun shop/residence and seized 47 long guns, including the suspect AK-47 used in the crime.
“It’s our position that the event never happened, especially the way it was portrayed by the prosecution,” said Cook’s attorney, Douglas Walter Drazen of Binghamton.
Drazen said according to the “complaining witness’” own statements, he remained at the residence following the alleged threat to collect his tools and belongings before leaving in the opposite direction of the local police station.
“If someone was really threatening you as the complaining witness claims, would you take the time to pick up some batteries, unload some wood from your car before leaving? If someone really thought their life was in danger, they wouldn’t stop to pick up balls of gold lying on the ground. You’d run across the street crying for help,” said Drazen Thursday.
Drazen also questioned the three-week delay between the alleged crime and the arrest, and said the witness never gave an official statement to police until at least one week after the incident.
“It just doesn’t make sense,” said Drazen, adding that there was no direct evidence produced in the case and the only witness to the crime was the alleged victim. He also said the argument between the two men began over the ownership of a power drill and battery.
District Attorney Joseph McBride, who was also present at the trial as a spectator, commended the ADA’s performance along with local police.
Dutcher said Wednesday he believed Cook’s business had been closed since the arrest, but said that legally it could resume regular operation at anytime the defendant wished.
Dutcher also said the case had generated some resentment in the local community, claiming he’d received more than dozen complaints involving Cook.
The business appeared closed Tuesday afternoon when The Evening Sun attempted to contact Cook at the site, but a posted sign said it was still buying used guns for resale.
Another large posted sign at the property stated the following: “All Law Enforcement, MUST identify as such, Prior to entering this property! NO EXCEPTIONS! ABSOLUTELY NO Greene Village/Town Police/Employee without a warrant allowed on this property, PERIOD.”
In the windows of a nearby garage and parked vehicle, a number of Evening Sun articles were also cut and pasted in plain view involving the Greene police and community, including stories regarding the resignation of a local officer and the arrest of an EMS captain accused of rape.
Dutcher said the signs and articles were posted following the defendant’s arrest.
“He alleged that the police department was out to get him and these charges were false. We maintained that this was a basic menacing complaint and we followed the legal procedures by the book as we always do,” said Dutcher. “We simply can not allow neighborhood bullies to make a mockery of our village or our justice system because they are willing to waste our time and their money to try to escape prosecution.”
“I think those kinds of statements are wildly over the top. The case is on appeal and once that process is complete, Mr. Cook’s rights will be vindicated and his good name cleared,” said Drazen.
The trial began at 10 a.m. with jury selection and ended at around 11 p.m. in Village of Greene Court. Ferrarese said attorneys questioned 18 jurors before selecting a panel and one alternate at around 12:45 p.m.
Ferrarese said the victim’s and Dutcher’s testimony helped to secure a conviction. At one point in the trial, Ferrarese had the victim demonstrate to the jury how Cook threatened him with the assault rifle. Handling the unloaded and safety locked weapon in the courtroom, jurors looked on as the victim aimed the gun at the ADA in a mock simulation of the incident.
“They had a gun and it was very dramatic, but introducing a gun isn’t the same as proving it’s evidence in a crime,” said Drazen.
Ferrarese also said Thursday, “I’d like to commend the victim for showing the courage to testify and the Greene police department for their professionalism. The people would not have secured a conviction if it wasn’t for police doing their job correctly. And I especially want to thank the regular men and women of the jury who came in on Mother’s Day weekend to make sure justice was served in their community.”
Cook was released following the verdict and faces a maximum sentence of one year in local jail. He is to return for sentencing in June.
On Aug. 6, 2009, 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 said his department arrested Cook at his 12 Water St.. address after they received a complaint he had pointed an AK-47 assault rifle at another person during a verbal dispute on the defendant’s back porch.
Dutcher said Cook has been a federally-registered gun dealer since July 2008 and a gun collector for about three decades.
Following the arrest, Cook filed a notice of claim against the Village of Greene and the Police Department claiming his rights were violated and cited police bias. However, the lawsuit never moved forward and was dismissed after Cook failed to show up for a civil hearing on the matter in county court, according to Dutcher.
The criminal case went before a jury May 8 in a Saturday trial that lasted over 13 hours. A six person jury returned a verdict of guilty on the charge of second degree menacing at around 10:45 p.m. after more than two and a half hours of deliberation.
Cook owns and operates Cook & Son Fine Guns from his residence and law enforcement officials said Wednesday he would be allowed to maintain his business despite the misdemeanor conviction.
“New York State requires a felony conviction to remove someone’s right to firearms. That was never even an issue or a concern for us; it’s not in our control and it was never our goal at anytime to remove the defendant’s weapons over a misdemeanor unless the law dictates otherwise,” said the prosecutor in the case, Assistant District Attorney Michael Ferrarese. “It’s been our position though that since the initial arrest by the Greene PD this was a lawful arrest and this case was not treated any differently than any other menacing case that would come into our office.”
On July 27, the Cook brothers were involved in verbal dispute on the defendant’s property and during that argument, Wayne Cook picked up a wooden stock AK-47 assault rifle pointed it at the victim and allegedly stated, “I ought to blow your (expletive) head off,” according to statements given to police by the victim.
Ferrarese said the conviction indicated that the jury believed beyond a reasonable doubt that Cook placed the victim in fear of serious physical injury or death with the use of a firearm.
Police executed a search warrant at the gun shop/residence and seized 47 long guns, including the suspect AK-47 used in the crime.
“It’s our position that the event never happened, especially the way it was portrayed by the prosecution,” said Cook’s attorney, Douglas Walter Drazen of Binghamton.
Drazen said according to the “complaining witness’” own statements, he remained at the residence following the alleged threat to collect his tools and belongings before leaving in the opposite direction of the local police station.
“If someone was really threatening you as the complaining witness claims, would you take the time to pick up some batteries, unload some wood from your car before leaving? If someone really thought their life was in danger, they wouldn’t stop to pick up balls of gold lying on the ground. You’d run across the street crying for help,” said Drazen Thursday.
Drazen also questioned the three-week delay between the alleged crime and the arrest, and said the witness never gave an official statement to police until at least one week after the incident.
“It just doesn’t make sense,” said Drazen, adding that there was no direct evidence produced in the case and the only witness to the crime was the alleged victim. He also said the argument between the two men began over the ownership of a power drill and battery.
District Attorney Joseph McBride, who was also present at the trial as a spectator, commended the ADA’s performance along with local police.
Dutcher said Wednesday he believed Cook’s business had been closed since the arrest, but said that legally it could resume regular operation at anytime the defendant wished.
Dutcher also said the case had generated some resentment in the local community, claiming he’d received more than dozen complaints involving Cook.
The business appeared closed Tuesday afternoon when The Evening Sun attempted to contact Cook at the site, but a posted sign said it was still buying used guns for resale.
Another large posted sign at the property stated the following: “All Law Enforcement, MUST identify as such, Prior to entering this property! NO EXCEPTIONS! ABSOLUTELY NO Greene Village/Town Police/Employee without a warrant allowed on this property, PERIOD.”
In the windows of a nearby garage and parked vehicle, a number of Evening Sun articles were also cut and pasted in plain view involving the Greene police and community, including stories regarding the resignation of a local officer and the arrest of an EMS captain accused of rape.
Dutcher said the signs and articles were posted following the defendant’s arrest.
“He alleged that the police department was out to get him and these charges were false. We maintained that this was a basic menacing complaint and we followed the legal procedures by the book as we always do,” said Dutcher. “We simply can not allow neighborhood bullies to make a mockery of our village or our justice system because they are willing to waste our time and their money to try to escape prosecution.”
“I think those kinds of statements are wildly over the top. The case is on appeal and once that process is complete, Mr. Cook’s rights will be vindicated and his good name cleared,” said Drazen.
The trial began at 10 a.m. with jury selection and ended at around 11 p.m. in Village of Greene Court. Ferrarese said attorneys questioned 18 jurors before selecting a panel and one alternate at around 12:45 p.m.
Ferrarese said the victim’s and Dutcher’s testimony helped to secure a conviction. At one point in the trial, Ferrarese had the victim demonstrate to the jury how Cook threatened him with the assault rifle. Handling the unloaded and safety locked weapon in the courtroom, jurors looked on as the victim aimed the gun at the ADA in a mock simulation of the incident.
“They had a gun and it was very dramatic, but introducing a gun isn’t the same as proving it’s evidence in a crime,” said Drazen.
Ferrarese also said Thursday, “I’d like to commend the victim for showing the courage to testify and the Greene police department for their professionalism. The people would not have secured a conviction if it wasn’t for police doing their job correctly. And I especially want to thank the regular men and women of the jury who came in on Mother’s Day weekend to make sure justice was served in their community.”
Cook was released following the verdict and faces a maximum sentence of one year in local jail. He is to return for sentencing in June.
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