Cooks charged in 4-year-old son's death

Buddy Cook’s death ruled homicide

By Matt Smith/msmith@trcle.com

A Tarrant County Medical Examiner’s autopsy report released Monday ruled 4-year-old Buddy Cook’s death a homicide by starvation.

Cleburne police responded March 22 to the 500 block of Odell Street to reports of a child not breathing and arrived to find Buddy dead.

In light of Monday’s autopsy report, police arrested Buddy Cook’s adoptive parents, David and Angel Cook, on charges of injury to a child, a first degree felony. Their bonds have been set at $75,000 each. The Cooks were taken into custody immediately after a Monday hearing in the 413th District Court.

That hearing concerned the Cooks’ remaining seven children, whom the Texas Department of Family and Protective Services took into custody after Buddy Cook’s death.

The Cooks hoped to regain custody of their remaining children. Instead, visiting District Judge Keith Dean, sitting in for 413th District Judge Bill Bosworth, ordered that the children remain with their foster families.

Dean also denied, for now, a motion by the Cooks’ attorney, Patrick Barkman, calling for genetic testing on Buddy Cook’s remains.

Assistant County Attorney David Barkley argued that CPS never took Buddy Cook into custody and only removed the remaining children because of Buddy Cook’s death. Barkley said CPS has no objections to the conducting of genetic tests, but added that CPS has no access to Cook’s remains.

Barkley further argued that the term genetic testing is too broad a request.

Such tests are necessary, Barkman said, for the court to determine whether Cook may have shown symptoms of starvation, but not actually have been starved by his parents.

“We can’t say to the Cooks that you murdered this little boy,” Barkman said, “but we’re not going to help you find out if it was something you did, find out if a crime was committed or if it was some genetic cause.”

Such tests are also important for Buddy Cook’s sister, whom the Cooks also adopted.

“For her sake, what if this is a genetic condition, something inherited?” Barkman said.

Dean’s denial of Barkman’s request may indicate that the matter of genetic testing could be revisited in future hearings.

Dean sustained Barkman’s objection to the introduction of the autopsy report into evidence on the grounds that no one from the medical examiner’s office was in court to testify as to its authenticity.

The report came in too late in the day in relation to the court hearing to summon someone from the medical examiner’s office to court, Barkley said.

Dean scheduled another hearing addressing continued placement of Buddy Cook’s siblings at 9 a.m. Sept. 20 in the 413th District Court.

CPS workers testified Monday that the seven children maintain frequent contact with one another and that their medical and educational needs are being taken care of.