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Following his court appearance Monday, Zachary Aaron Cook was remanded to be sent to the Anthony Correctional Center for young offenders. Cook is in the custody of Harrison Deputy Mike Baldwin, bailiff for Harrison Chief Judge Christopher J. McCarthy.
CLARKSBURG, W.Va. (WV News) — A 21-year-old Clarksburg man who fired a gun from a vehicle in the city was ordered to the Anthony Correctional Center for young offenders Monday.
Harrison County Assistant Prosecutor Brad Pustolski sought the Anthony placement for Zachary Aaron Cook. Even after Cook was placed on bond, he was hit with three more charges — speeding and two counts of leaving the scene, Pustolski noted.
Defense attorney Tom Dyer sought home incarceration, but the new charges against Cook gave the veteran and high-profiled Clarksburg attorney a Matterhorn-sized mountain to climb.
Harrison Chief Judge Christopher J. McCarthy’s decision could put Cook under the court’s supervision through the rest of this decade.
If Cook completes the Anthony program, which lasts 6 months to 2 years, he could face up to 7 years of probation. That also could have a 10-year suspended prison term in place as a consequence for any significant violations of alternative release.
If Cook fails at Anthony, he could face the 10-year prison sentence when he’s brought back before the court.
McCarthy said the crimes were “very serious” in that they involved firing a gun in a residential area while intoxicated, “created a perfect recipe for disaster.”
Cook apologized, telling the court that “what I did was just really dumb, to be honest. I’ll never do that again.”
Cook added that his judgment was clouded because he was under the influence of alcohol.
McCarthy said the mistake was “a very stupid” one.
The judge added that the Anthony Correctional Center would be a good place for Cook to address his substance abuse issues, with the judge citing alcohol, marijuana and perhaps cocaine. McCarthy also said Anthony would give Cook a chance to learn a skill or skills. And it would put the defendant in a new environment, the judge noted.
Only McCarthy knows if he might have granted Cook probation or home incarceration with a different set of pre-sentencing circumstances, but the judge did mention that Cook did “extremely poorly on bond.”
Citing the presentence report prepared by Harrison Probation Officer Heidi Leaseburge, McCarthy also questioned whether Cook had appreciated “the significance of this act.”
And with the modern-day environment of shootings, “we just can’t look the other way,” even though Cook is young and doesn’t have a long criminal history, McCarthy said.
Pustolski read a statement from one of the female victims.
She said the shooting terrified her that day and has ever since. She has taken several steps to try to address that fear, she said in the statement. But about a year later, she’s still looking over her shoulder, she said in the statement.
Pustolski said there was no place for the shooting, even if it was done in a bid at humor, as suggested by the defense.
The shooting endangered the two young women, as well as anyone else in the neighborhood, Pustolski said. That could have included children, he added.
Pustolski also mentioned another possibility: That the shooting was done to intimidate.
Either way, Cook’s action showed a lack of maturity, and that was underscored by the new charges picked up while on bond, Pustolski said.
Clarksburg Patrol Officer T.A. Hill investigated.
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