Strike Three: Defendant Erupts In Courtroom

By Editor | November 1, 2023 |

WATER VALLEY – A five-time convicted offender had to be restrained and carried out of the courtroom Monday afternoon after a judge revoked his 12-year suspended sentence. The outburst came during a revocation hearing as Circuit Judge Smith Murphey ruled that Keith Cook would serve the remainder of the suspended sentence on a 2015 charge for strong arm robbery.

Four Yalobusha County deputies, a Panola County deputy and a Water Valley officer restrained Cook during an eruption that started with a string of profanity and ended with an intense struggle. Cook was wearing leg shackles and handcuffs and was quickly taken to the ground as officers pinned him. He continued to struggle as he was carried out of the courtroom and transported emergency status to the Yalobusha County Detention Center.

Cook was convicted in 2015 following a liquor store robbery in Water Valley a year earlier. An elderly worker was injured while closing the store for the day when Cook and an accomplice jumped her. Judge Murphey sentenced him as a habitual offender to serve three years, followed by a 12-year suspended sentence in a plea negotiated by Cook’s attorney and the district attorney’s office. He was also sentenced in 2015 to serve five-years for a second charge, possession of marijuana with intent to distribute, a sentence that ran consecutive to the three year sentence for an eight year period of incarceration.

Cook was released on May 27, 2022 and ordered to report to his probation officer twice monthly. A probation violation affidavit was filed with the court on April 23 after Cook failed to report to his probation officer from August, 2022, through March, 2023.

A revocation hearing followed on April 25, the first of three this year, and Murphey revoked 90 days of his sentence, ordering him to serve the time in a Mississippi Department of Corrections (MDOC) technical violation center. He was back in court on July 27 for violations during that 90-day period, and the judge ordered 120 days revoked from his suspended sentence as Cook would again be sent to a technical center and ordered to attend anger management classes, if available.

Cook was back in court Monday in the third revocation hearing to determine if he had violated terms of his 120-day sentence while housed at the Wilkinson County Community Work Center. Two correctional officers from the center testified about an incident on Sept. 23 when Cook became irate when awakened for a required inmate count. The testimony included statements that Cook had cussed an officer and spit in her face. His violations also included destruction of state property valued over $100 after he struck a large fan in the facility with his fist during the incident with the officer.

Cook testified in his defense, telling the court that statements from the corrections officers were not accurate

“I woke up that morning, and I was a little grouchy. I went in the hall and was a little grouchy and cussing,” he told the court. “I didn’t spit in anybody’s face.”

Cook also repeatedly told the judge he was not a violent person.

“Because I cuss and yell, that doesn’t make me a violent person,” he added.

During cross examination by assistant district attorney Marvell Gordon, Cook reiterated that he did not destroy the fan or spit in the officer’s face. Gordon also questioned him about his behavior for the last 12 days while he was housed at the Yalobusha County Detention Center after he was transported back from Wilkinson County.

Responding to questions, Cook testified that he had been in lockdown in the county jail after breaking a broomstick in half to use as a weapon for his defense and trashing a pod.

Judge Murphey then asked Cook a few final questions before Cook stepped down from the stand.

“Mr. Cook, it has been alleged that you hit a fan hard enough to bend it and interfere with its ability to operate. That witness has testified here today about that, are you telling me that did not happen?” the judge asked.

“No sir, I did not spit in her face,” Cook answered.

“Did you bust the fan?” Murphey asked again, this time louder.

“No sir,” Cook said.

Next to testify was deputy Taylor Byford, an investigator with the Yalobusha County Sheriff’s Department. Byford told the court that Cook told him that he was accused of spitting in somebody’s face when he came back to the county jail, but did not know whose face he spit in.

“What has his behavior been like since he has been back at the jail,” Gordon asked.

“Some days he is calm, and some days he is irate,” Byford answered.

The deputy also testified that Cook was moved from a general population pod to the lunacy cell following problematic behavior.

Deputies found wooden shanks after moving him that were made by breaking a wooden broom handle into multiple pieces, and then sharpening the ends using the concrete floor.

“Has he been charged with the contraband?” Gordon asked.

“Yes sir,” Byford answered.

“Those are felony charges?” Gordon continued.

“Yes sir,” Byford responded.

Cook’s attorney, Ray Garrett, requested leniency during his closing statement. Garrett acknowledged his client’s behavior was not exemplary.

“We don’t put people in prison for 12 years for being a jerk. We don’t put people in prison for denting a fan you can buy at Home Depot for a few hundred dollars, not for 12 years. I would respectfully suggest that something more akin to 180 days would be appropriate in this case for Mr. Cook,” Garrett told the court.

Judge’s Ruling

“The defense is correct, I should make a decision based on what is before the court. And what is before the court is that everybody seems to have amnesia about is his fifth felony conviction, a conviction for strong arm robbery,” Murphey said. “Which in everybody’s book, except for yours Mr. Cook, is in fact a violent crime.”

Murphey explained that his ruling was not based a single issue, citing destruction of property is an example.

“It is strike three,” Murphey told the defendant, reminding him that Monday’s appearance was his third this year. “Or really strike four, or maybe strike nine if we count all of the felonies that bring us into court here today.”

Murphey then ordered Cook to serve the remainder of the 12-year sentence, 11 years and 143 days. He added that his conviction as a habitual offender would mean there is no chance or early release or probation.

Cook’s previous convictions include burglary of a building other than a dwelling in 2007 and possession of a firearm by a convicted felon in 2011.

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