Jury levies murder charges in Batavia DUI death

An Aurora man has been indicted on first-degree murder charges in the death of a Batavia pedestrian who was hit and killed by a car while walking his dog on the sidewalk, prosecutors said Monday.

A Kane County grand jury returned the 37-count indictment against Edward O. Cook, 24, of the 600 block of Galena Boulevard, on Aug. 21, officials announced at a news conference.

Cook is accused of striking and killing 57-year-old David Long and his dog about 6:40 a.m. July 29 as they walked on the 1000 block of Woodland Hills Road in Batavia. He was indicted on 11 counts of first-degree murder, 15 counts of aggravated DUI, 10 counts of burglary and one count of possession of a converted motor vehicle.

State's Attorney John Barsanti said the indictment called for a rare use of the law, which supports murder charges when a death occurs while a defendant commits a forceable felony with the intent of committing a second felony.

In this case, prosecutors said, Cook stole a car with the intent of driving it under the influence of alcohol, marijuana and cocaine when he didn't have a license.

"It certainly is not usual to charge first-degree murder in what is basically a car accident," Barsanti said. "The unique facts and circumstances of this situation support bringing this prosecution. I think it's necessary. As a prosecutor, I have a responsibility to use every possible legal means and every tool available to enforce justice."

According to a police synopsis read in court, Cook admitted consuming two beers, a shot of liquor and marijuana before the crash. On Monday, prosecutors disclosed he also had cocaine in his system.

The crash happened as Cook was driving home from Batavia in a stolen 2003 Acura and went off the road, police said. The car was registered to an Aurora woman whom prosecutors say had a relationship with Cook; they would not elaborate.

Barsanti said he hopes the case deters potential drunken drivers.

"My intent is to do my part to fairly bring to justice those who violate our laws against drunken driving, and to deter others from such activity," he said.

Batavia Police Chief Gary Schira said Long's grieving widow and relatives "totally support" the aggressive prosecution.

"Obviously, it's quite a tragedy," he said. "We hope justice is served."

If convicted of murder, Cook faces 20 to 60 years in prison, Barsanti said. He previously was charged with reckless homicide and aggravated driving under the influence.

Cook's driving privileges were revoked in 2008 after a previous aggravated DUI conviction that did not result in any injuries and, before that, suspended for an older DUI charge, court records show.

Cook remained in the Kane County jail Monday, unable to post 10 percent of a $750,000 bond. He is scheduled for arraignment on Thursday at the judicial center in St. Charles.