DUI driver not guilty of murder in Batavia death

An Aurora man was acquitted of first-degree murder but convicted of reckless homicide and aggravated driving under the influence Friday in the death of a Batavia pedestrian who was struck and killed while walking his dog.

Edward O. Cook, 25, breathed a sigh of relief and looked toward the ceiling, smiling, as Kane County Judge T. Jordan Gallagher delivered the verdict to a courtroom filled with family and friends of the victim, 57-year-old David Long.

Although Gallagher found Cook guilty of reckless homicide, aggravated DUI, and possession of a converted motor vehicle, among other charges, he said the facts in the case "don't equal first-degree murder - they equal reckless homicide."

Long and his dog Shadow were struck and killed by a white Acura driven by Cook about 6:40 a.m. July 29, 2009, as they walked along the 1000 block of Woodland Hills Road, not far from Long's home.

According to testimony at trial, Cook's driver's license was suspended at the time for a prior DUI conviction, he was under the influence of alcohol, marijuana and cocaine, and driving a vehicle he had taken from a friend without permission.

Public Defender David Kliment said Cook was "relieved" to be acquitted of murder, but not surprised about being convicted of the other counts because of extensive scientific evidence and witness statements introduced at trial.

"I essentially told him the best outcome he could hope for was not guilty on the first-degree murder," Kliment said. "I never thought it was a first-degree murder case."

Prosecutor Greg Sams said Cook is likely to face three to 14 years in prison at sentencing. He would have faced at least 20 years if convicted of murder.

"It's disappointing (the judge) found him not guilty of first-degree murder but I am looking forward to a very vigorous sentencing hearing," Sams said.

Long's widow said she would reserve comment until after Cook's sentencing hearing, which is set for July 23.