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Driver Charged With First Degree Murder in Death of Pedestrian

On the morning of July 29, 2009 David Long was outside walking his dog.  As Mr. Long and his dog took their typical morning walk, they were hit by a car and killed.  The driver of the car, Edward Cook, had already served a prison time for an aggravated DUI conviction in 2008.

This time Mr. Cook faces murder charges.  At the end of August, a grand jury indicted Mr. Cook on 37 felony counts including 11 counts of first degree murder for the July 29 death of Mr. Long.

Kane County State’s Attorney John Barsanti acknowledged that it is not typical for the driver in a fatal accident to be charged with first degree murder. However, there were special factors in this case that led the grand jury to make this serious indictment.

Illinois law allows the state to pursue a murder charge when the victim is killed “during the commission of a forcible felony.”  The state alleges that Mr. Cook was committing two forcible felonies – driving drunk and burglary – when he killed Mr. Long.  The state further alleges that Mr. Cook was under the influence of alcohol, marijuana and cocaine at the time of the accident and that he was driving on a revoked license.

Mr. Cook faces 20 -60 years in jail if convicted.

The Long family has experienced an unspeakable tragedy and while the state is aggressively pursuing the criminal case against Mr. Cook, the Long family will not recover damages for their loss through the criminal proceedings.  The Long family could, however, bring a civil lawsuit against Mr. Cook and seek monetary damages for their loss.  Families who have lost loved ones in pedestrian accidents should consult a Chicago pedestrian accident attorney for a free consultation and to discuss their legal rights.

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