CRIME

Man charged with firing shots near courthouse

Ashley Luthern
Milwaukee Journal Sentinel

A 45-year-old man charged with firing two shots during an argument near the Milwaukee County Courthouse on Nov. 30, temporarily closing part of State St., is free on his signature and due back in court next week, records show.

John J. Cook Jr.

John J. Cook Jr. of Milwaukee is scheduled to appear Monday for a preliminary hearing on the charges of first-degree recklessly endangering safety and being a felon in possession of a firearm.

According to a criminal complaint:

A Milwaukee police officer was walking on State St. near the Criminal Justice Facility when he saw a silver SUV stopped on N. 9th St. and facing W. State St.

A man was standing outside the driver's door arguing with the driver, later identified as Cook. The officer heard two gunshots and saw the man who had been outside the SUV running away from it.

The officer drew his gun, approached the vehicle and ordered Cook to raise his hands. Cook told the officer the gun was on his lap. The officer reached through the open driver's side window and removed a .40-caliber handgun before arresting Cook.

Cook told police he was arguing with his son, who then punched him in his face. That action, Cook said, prompted him to reach for the gun and fire the shots. At least one witness reported seeing the man throw a punch at Cook through the open window, but could not say if it had landed.

Cook, who has felony convictions for drug possession, escape, fleeing and bail jumping, told an officer he had purchased the gun about six weeks earlier for $350 from a "subject on the street," the complaint says.

The gun was reported stolen to Milwaukee police in 2013.

Cook's attorney, Darryl E. Smith, did not immediately respond to requests for comment.

Cook received a $10,000 signature bond when he was charged last weekend — meaning he signed a piece of paper saying he would appear for future court dates and abide by the terms of his pretrial supervision with the understanding if he did not, he would have to pay the bail.

When setting bail, in general, judges have said they consider a defendant's background, seriousness of the charge and prior criminal record, ties to the community including family and employment, and a risk assessment. Judges also have pointed out the purpose of bail is not to punish a defendant, who at that point has not been convicted of any wrongdoing, but rather to ensure the person returns to court.