Charlottesville Officer cleared in shooting and Beating of Black Man

• Special grand jury notes concerns over racial aspects of Police Attack on Kerry V. Cook
  

A special grand jury has exonerated a white police officer who seriously wounded a black man last summer in an incident that left some residents concerned about the use of excessive force. The special grand jury met 19 times and took sworn testimony from 38 people about the Aug. 21, 2004, incident in which Kerry V. Cook was shot once in the stomach by city police officer William Sclafani after Cook resisted arrest. Circuit Judge Edward L. Hogshire yesterday released the special grand jury's 12-page findings -- an unusual move -- at the request of the grand jury members. In its unsigned report, the grand jury said it has "serious concerns about the impact of the incident on the community, especially the Friendship Court community" where the incident occurred. The grand jury also noted that it was composed of diverse members of the community, in part to "dispel any obvious concerns about racial or gender bias." Friendship Court is one of the largest housing projects in the city. The grand jury said Cook's arrest was "lawful," that there was "no evidence of a cover-up" and found probable cause to indict Cook. Cook was indicted on two counts of assault and battery on police officers, one count of escape by force and one count of resisting arrest. According to the grand jury report, the incident unfolded after police were called to an apartment at Friendship Court about a domestic disturbance involving Cook and a woman who lived there. Sclafani and another officer, Jeremy Carper, found Cook in a closet. A "violent struggle" ensued in which Cook made it to the front door to call for help from a group of onlookers -- which at one point numbered about 100 people. Cook was pulled back into the apartment by the two officers who used a flashlight, pepper spray and a police baton in their attempts to subdue Cook. [more]