A former state mine inspector indicted on a charge of assaulting his girlfriend has been released from home incarceration and is being permitted to have contact with the alleged victim, but not the victim’s two young children.
In addition to the order relieving Derek Wayne Cook, 43, of 270 Mayking
Loop, Whitesburg, of home incarceration, Letcher County Circuit Judge Sam Wright also amended Cook’s bond conditions to allow Cook to have contact with his girlfriend, Stacy Kirby. Cook, who was also indicted on charges of endangering Kirby’s two children, is not allowed contact with Kirby’s children and must remain at least 500 feet away from them.
The “motion to amend bond conditions” was filed on behalf of Cook by his defense attorney, Daniel Dotson of Whitesburg. Kirby said in the motion 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. After Judge Wright granted the motion, Kirby left the courtroom with her head down as she held Cook’s hand.
Cook was indicted by the Letcher County Grand Jury in December on one charge of second-degree assault and two- counts of firstdegree endangerment after 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 sons.
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.
Photographs that show Kirby with a black eye and other bruises and cuts on her face and body are included in the court file reviewed by Judge Wright.