A Whitesburg woman is asking Letcher Circuit Judge Sam Wright to allow her to have contact with her boyfriend who was indicted recently on a charge of beating her and endangering her two children.
Stacy Kirby, the complaining witness in the case against former state mine inspector Derek Wayne Cook, says in a motion to be considered by Judge Wright that she has no objection to the conditions of Cook’s bond being amended so that the two can begin seeing and having contact with each other.
The “motion to amend bond conditions” was filed on behalf of Cook by his defense attorney, Daniel Dotson of Whitesburg, and was scheduled to be heard Feb. 5. The bond conditions now require Cook to have no contact with Kirby.
Cook, 43, of 270 Mayking Loop, Whitesburg, was indicted by the Letcher County Grand Jury in December on one charge of second-degree assault and two-counts of first-degree endangerment after Kentucky
State Police Detective Randy Combs said Cook used a key to enter Kirby’s home around 12:30 a.m. on Dec. 8 and struck her about 20 times on her head and face with his fist and a handgun.
Kirby, who had swelling and cuts on her forehead, told police that Cook put the handgun to her head and threatened to blow her brains out, an arrest citation says. Kirby also told police that Cook shot a hole in the bathtub beside her two young sons.
Photographs that show Kirby with a black eye and other bruises and cuts on her face and body are included in the court file that will be viewed by Judge Wright.
The file also contains a letter from Cook’s mother in which she says Kirby “ was not in that bad of shape” when she saw her after the two had the altercation. The mother said Kirby, who lived across the street from Cook, shot through Cook’s new mobile home and that Cook had to take the gun away from her to keep her from killing herself or someone else.
The Letcher Commonwealth’s Attorney’s Office is expected to oppose any change to the conditions of Cook’s bond. Asst. Commonwealth’s Attorney Jenna Watts wrote in an earlier court filing that Cook has been named in two other incidents involving domestic violence, both of which were dismissed.
“It appears the only way the defendant will continue to not commit criminal acts are under the direct order and supervision of this court,” Watts wrote.