Witness: Driver in Batavia fatal was speeding, too

Edward Cook was driving at least 49 mph in a 30 mph zone last year when he went off a residential street in Batavia, killing a man and his dog, an expert witness testified Thursday.

Jason Kloese, an accident investigator for Batavia police, estimated Cook's speed between 49.9 mph and 56.4 mph in the July 29, 2009, crash that killed 57-year-old David Long of Batavia and his black lab mix, Shadow. He said there were no signs of mechanical problems on the car Cook was driving, nor other circumstances that would have caused him to drive onto the sidewalk and hit Long.

"It was dry, no major defects in the road," Kloese testified.

Kane County Judge T. Jordan Gallagher is expected to rule on May 21 whether Cook is guilty of first-degree murder, aggravated driving under the influence and multiple other charges stemming from the fatal crash on the 1000 block of Woodland Hills Road.

In closing arguments Thursday, Assistant State's Attorney Greg Sams said there's "no belief by the people that Mr. Cook intended to kill Mr. Long." But, he said, Cook should be convicted of murder because the death occurred as a result of Cook stealing a vehicle with the intent of driving under the influence of alcohol, marijuana and cocaine.

"When you take all of the evidence and mesh it together with the law ... you will see the defendant is guilty of all charges," Sams said.

Cook, who was on parole for a prior DUI conviction at the time of the crash, told police he "blanked out" at the wheel after a night of drinking alcohol and smoking marijuana. He denied having stolen a 2003 white Acura from a friend's girlfriend earlier that morning.

Public Defender David Kliment said his client at no point "contemplated a risk of harm to anyone" and could not foresee that "violence was going to occur." He also questioned whether Cook knew he would be committing aggravated DUI by the time he got behind the wheel.

"There's been no evidence he intended to do this," Kliment said.

Cook, 25, of Aurora, remains in the county jail on $750,000 bond. If convicted of first-degree murder, he faces no fewer than 20 years in prison, prosecutors said.