Cook sentenced for manslaughter

AUGUSTA – An emotional David Cook, who pleaded guilty to manslaughter in the death of his girlfriend’s 17-month-old toddler, shook and cried as he apologized to the victim’s family during his sentence hearing today in Kennebec County Superior Court.

“I know there is nothing I can say or do that can change things. If I could trade place with him I would,” he said. Crying hard, Cook tried to speak again but was overcome with too much emotion to say anymore.

The 26-year-old man from Wilton was sentenced by Justice Michaela Murphy to serve six years in a Department of Corrections facility of a 20-year sentence to be followed by four years of probation. After a guilty plea to manslaughter was entered last week in Franklin County Superior Court, his sentencing was held today to give the victim’s family an opportunity to be heard.

On Nov. 29, 2008, Cook, was alone with his girlfriend Brandy Swett’s two children, Keeshia Hanson, 3 and Matteo Hanson, while she was at work. He called 911 for help, telling emergency dispatchers Matteo Hanson, was hurt.

Cook told investigators that Hanson had fallen down a flight of stairs, either by himself or after being pushed by Keeshia. Later, Cook told Maine State Police Det. Jeffrey Love that Hanson had some juice and cereal following the incident, and only became ill a little while later.

However, the state medical examiner’s office discovered numerous internal injuries had occurred prior to Hanson’s death, and said that the onset of symptoms would have been instantaneous. Furthermore, the examiner said, Hanson’s injuries were the result of what Assistant Attorney General Andrew Benson termed in court as an “enormous, localized force” and could not have inflicted by a fall down a flight of stairs.

“The injuries were the result of a single, isolated blow,” Benson said. He went on to note that the medical examiner could not rule out multiple blows, but said that a single strike seemed the most likely scenario.

Cook was arrested on Dec. 26, 2008, at his mother’s home in Wilton. Just prior to being placed in custody, Cook swallowed his mother’s prescription medicine for gout in an apparent suicide attempt and was taken to the hospital where he recovered.

In court today, Matteo Hanson’s mother Brandy Swett, tearfully told Justice Murphy that she didn’t think a sentence of six years was enough punishment for Cook.

“He was only 17 months old when he (Cook) took his life. He was helpless,” Swett said crying. “I trusted him.” She described Cook’s behavior around her children as “appropriate” when she was present.

“My life will never be the same again. My daughter Keeshia is traumatized by the death of her baby brother. He should get a lot more time in jail than six years,” she said covering her face with her hands and crying.

In their sentencing arguments, Benson and Cook’s attorney, David Sanders, both noted that it appeared that Hanson’s death was the result of a single moment of anger from Cook, rather than long-term abuse, and that Cook had a limited criminal record, of misdemeanor theft and criminal mischief.

Sanders also said that Cook tried to get help for Hanson as soon as he saw he was hurt and was so horrified by what had happened that he attempted suicide.

“To this day he doesn’t know why it happened,” Sanders said. “But something went horribly wrong that morning. As a result all these lives,” he said gesturing to the 22 family members in court, “will never be the same.”

Sanders read a statement Reginald Cook, David Cook’s grandfather wrote that said he had watched his grandson grow up and that he was a good man and “that because he made a bad decision doesn’t make him a bad person. It’s sad all the way around for everyone. Our hearts and prayers go out to the Hanson and Swett families.”

Justice Murphy said the sentence of 20 years, with 14 years of that suspended and four years probation, during which time he could possess no drugs or alcohol, submit to random searches and not be around children below the age of five unless supervised, was a fair one in a manslaughter case such as this.

She pointed out that Cook had accepted responsibility and in doing so, spared the family further grief and noted, “your remorse is genuine, Mr. Cook.” But she said the aggravating circumstances outweighed the mitigating ones in that Cook was entrusted with the child’s care and the toddler’s death had a profound effect on the victim’s family.

“It’s a just and fair sentence,” Murphy said. “Nothing said or done here today can heal the pain to Matteo’s family.”

Outside the courtroom, Matteo Hanson’s father, Duane Hanson of Livermore Falls, said a six-year sentence wasn’t nearly enough time for Cook to serve.

“He (Matteo) was a happy kid. I don’t see how someone could hurt him,” Duane Hanson said and added, “My son had the rest of his life to live and that was taken away, so that’s what he (Cook) should get, life in prison.”