By: Patti Weaver
(Stillwater, Okla.) — A 39-year-old Cushing man, who was released from prison two years ago, has been charged with shooting two children with a BB gun — an 11-year-old hit in the head and a 14-year-old struck in the buttocks.
Gary Don Cook Sr., 39, remained jailed this morning on $100,000 bail pending his arraignment this afternoon on two counts of child abuse after multiple prior felony convictions. Due to his criminal record, Cook could be given two life prison terms if convicted, court records show.
In his latest case, Cook was arrested by Cushing Police Officer David Smith at 8:05 pm on June 22 — 40 minutes after he was sent to the 1100 block of E. Walnut Street “for a report of two juveniles that had been shot by a neighbor named Gary,” an affidavit alleged.
A woman “advised me her son and her son’s friend were shot with a BB gun by their neighbor who lived across the street. I ultimately observed injuries on the two juveniles, which appeared to be from a round projectile,” the Cushing officer alleged in his affidavit filed this week.
“One of the juveniles was shot in his left buttocks; the injury was already bruised and blood-filled. The other juvenile was shot in the back of the head; the injury appeared to be from a small round projectile as well and left a very distinct red mark on the juvenile’s head.
“One of the juveniles advised me they had gone to the neighbor’s house because they would often visit their friend, Gary. The juvenile advised they had knocked on the door and were greeted to come in verbally by Gary.
“The juveniles entered the residence and then advised a short time later, Gary had told one of the juveniles do you want the BB gun, the pellet gun or the 38. The juvenile advised he did not answer, and Gary picked up the BB gun — advising the juveniles they had three seconds to get out.
“As the juveniles were leaving the residence, Gary had shot one of the juveniles in the buttocks as he was leaving out of the door to the house, and as the juveniles had run back across the street to go back home, the other juvenile was shot in the back of the head.
“The juveniles advised Gary returned to his residence and with the BB gun before the officers arrival. I later interviewed each juvenile separately and their stories coincided,” the Cushing officer alleged in his affidavit.
When the officer talked to Cook, he told “a similar story claiming he was just joking with the kids and had no intention to hurt them,” the affidavit said.
“Gary ultimately advised he did pick up the BB gun, verified he asked the kids if they wanted the BB gun, pellet gun or the 38, and that he told the kids they had three seconds to get out. The juveniles described the BB gun as a rifle-style gun that he kept by the couch. Gary claimed he never fired the BB gun,” the affidavit alleged.
The legal guardians of the children told the officer they wanted to press charges, the affidavit said.
When Cushing police officers served a search warrant at Cook’s house that night, they “ultimately seized a rifle-style BB gun, a .38 special bullet, and a .45 caliber bullet,” the affidavit alleged.
According to court records, 12 days earlier Cook had waived his right to a preliminary hearing on charges of possessing marijuana with intent to distribute and attempting to elude Cushing police on Dec. 1, 2020. Cook was ordered to appear for arraignment in trial court on July 20 on that two-count charge.
Cook had been released from prison in March of 2019 after serving two years and two months of an eight-year sentence for drug possession in Chandler, court records and the state Department of Corrections show.
Cook’s criminal record dates back to 20 years ago when he was sent to the state prison’s Regimented Inmate Discipline (RID) boot camp program for second-degree burglary in Cushing in 2001 after which he was placed on probation for about five years, court records show.
The following year, Cook was convicted of second-degree burglary in Ripley in 2002, for which he was given a concurrent sentence to his Cushing case, court records show.
Cook was also convicted of larceny from a house in Cushing in 2004, for which he was given a seven-year prison term but paroled after two years and nine months, DOC records show. Cook was also convicted of second-degree burglary in Payne County in 2007, for which he was given a six-year prison term but served only about two years.
Cook also was convicted of domestic abuse in 2013 in Payne County, for which he was given probation that was revoked to almost four years in prison in 2016 when he also received a concurrent seven-year prison term for unauthorized use of a vehicle in 2011, for which he originally had been placed on probation, DOC records show.
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