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Bobby Glen COOK
Friday, March 7, 2003
BOBBY
GLEN COOK Scheduled to be Executed.
AUSTIN - Texas Attorney General Greg Abbott
offers the following information on Bobby Glen Cook, who is
scheduled to be executed after 6 p.m. on Tuesday, March 11, 2003. On
April 22, 1994, Bobby Glen Cook was sentenced to death for the
capital murder of Edwin Earl Holder, which occurred in Cayuga,
Texas, on or about Feb. 6, 1993. A summary of the evidence presented
at trial follows:
FACTS OF THE CRIME
On the morning of Feb. 8, 1993, Nicki Pulley saw
what he thought was a boat submerged off the east bank of the
Trinity River near a gas station in Cayuga, Texas. On closer
inspection, Pulley realized it was actually a blue truck, partially
submerged in the water. Pulley poked at what appeared to be a
sleeping bag and insulated underwear in the bed of the truck, and
uncovered an arm and part of a shoulder. The rest of the body was
submerged under water.
The Anderson County Sheriff's Department pulled
the truck from the river and discovered the body of 42-year-old
Edwin Earl Holder. Officers saw what appeared to be blood on the
back bumper of the truck and splattered on the inside of the
tailgate. The truck was in first gear, the ignition was on, and the
windows were rolled up.
The medical examiner concluded that Holder died
of six gunshot wounds to the head. The shots had been fired in rapid
succession, from three feet or closer to Holder's head. One bullet
entered and exited the forehead, but the remaining five .22-caliber
bullets remained lodged in Holder's brain, any one of which would
have been fatal. The close pattern of the wounds suggested that
Holder was asleep in his sleeping bag when he was shot, and no
struggle had occurred.
Holder had left his home on the morning of Feb.
5, 1993, to go fishing at the Trinity River Bridge. He took with him
his blue Dodge truck packed with camping equipment, fishing gear and
his boat. Holder's co-worker saw Holder's truck and boat trailer
parked at the bridge by Baker's Landing around 2:30 p.m. that day.
While the witness did not see Holder or his boat, he did see a red
pickup truck and two white males building a camp fire.
Upon investigation of Baker's Landing, the police
discovered evidence that Holder had been camping there, and found
dirt that appeared to be mixed with blood. The .22-caliber bullets
that killed Holder were consistent with the type of gun Holder
usually carried with him on his fishing trips; however, no weapons
were found in Holder's truck or at Baker's Landing, nor was Holder's
wallet. A boat matching the description of Holder's was later found
on the Trinity River, south of where Holder's truck was found.
Several holes had been punched into the bottom of the boat, which
had caused it to partially sink.
Walter Grolemund, an employee from the gas
station near where Holder's body was found, told the police that on
Feb. 6, 1993, around 3:00 a.m., he heard a loud muffler. From the
door, he could see the tail lights of one vehicle as well as a red
and white truck with a loud exhaust system, parked about 60 to 75
yards from the river. Grolemund informed the driver of the red truck
that he was on private property. The driver told Grolemund that he
was having problems with his truck, however, the driver appeared
nervous and would not look at Grolemund.
After speaking with four men who were at the
river on Feb. 6, 1993, the police obtained a composite drawing of
two suspects and a description of a red and white Chevrolet pickup
truck. Based on the composite drawing and the description of the
truck, the police went to the residence of Robin Jenkins and Steven
Cockroft, where they discovered a red and white pickup truck.
On Feb. 9, 1993, officers obtained a statement
from Jenkins and Cockroft, implicating Cook in the murder. Cook was
later arrested at Jenkins and Cockroft's residence. A search of the
residence uncovered items belonging to Holder.
On Feb. 10, 1993,
Cook gave a voluntary statement in which he admitted that he,
Jenkins and Cockroft were at the bridge at the same time as Holder.
Cook claimed that he was helping Holder check his fishing lines, but
he became frightened by Holder's behavior because Holder was
drinking and waiving a gun around. Cook claimed that at one point,
Holder reached for his gun and Cook attempted to grab it and pull it
away but the gun went off two or three times. Cook admitted
disposing of some of Holder's belongings while keeping others.
PROCEDURAL HISTORY
Cook was tried before a jury in the 3rd Judicial
District Court of Anderson County, Texas, for intentionally and
knowingly causing the death of Edwin Earl Holder by shooting him
with a firearm, while in the course of committing or attempting to
commit robbery. Cook was convicted on April 21, 1994, and on April
22, 1994, following a separate punishment hearing, the trial court
sentenced Cook to death.
On direct appeal, the Texas Court of Criminal
Appeals affirmed Cook's conviction and sentence. His conviction
became final on April 22, 1997, when the time for filing a petition
for writ of certiorari in the United States Supreme Court expired.
Cook's petition for writ of habeas corpus in the state court was
filed on Dec. 2, 1997, and the state court held an evidentiary
hearing on Aug. 28, 1998. The Texas Court of Criminal Appeals denied
Cook's petition for writ of habeas corpus on March 10, 1999.
Cook's federal petition for writ of habeas corpus
was denied on May 8, 2001. The district court also denied
Certificate Of Appealability ("COA") on July 24, 2001. Cook's
request for COA from the Fifth Circuit Court of Appeals was denied,
without oral argument, on March 18, 2002. The Supreme Court denied
Cook's request for certiorari review on Oct. 7, 2002. An execution
date was set for Feb. 5, 2003, but was subsequently reset for March
11, 2003.
PRIOR CRIMINAL HISTORY
On Jan. 13, 1983, Cook was placed on six years
probation for burglary. This probation was revoked when Cook
committed burglary again.
On July 16, 1987, Cook pleaded guilty and was
sentenced to imprisonment for six years for each of two counts of
burglary of a vehicle. Cook was paroled in March 1988.
On Aug. 5, 1988, Cook pleaded guilty and was
sentenced to five years for theft. He was paroled on Jan. 26, 1989.
On Sept. 22, 1989, Cook was sentenced to 10 years
for possession of a controlled substance and for burglary of a
building. He was paroled again on Aug. 21, 1990.
On May 23, 1991, Cook was found guilty of theft
and was sentenced to eight years in prison. He was paroled on March
18, 1992.