FC teacher held for court on sex charges
A Fort Cherry High School Spanish teacher accused of having sexual contact with a male student was held for court on all charges following a preliminary hearing Tuesday.
David E. Cook, 42, of 520 W. Lincoln Ave., McDonald, was ordered held for court by District Judge Traci McDonald on charges of rape of an unconscious victim, institutional sexual assault, sexual assault, corruption of minors, indecent assault of an unconscious person and furnishing alcohol to minors.
The alleged victim, a 17-year-old high school senior, testified at Cook’s preliminary hearing he went to a friend’s home in McDonald Nov. 13. He said Cook stopped by about 1 a.m. the following morning. The teen explained Cook was friends with the family he was visiting, so it was not unusual for the teacher to be at the home.
After some of the others went to bed, the teenager and Cook ended up in a garage at the home, where Cook allegedly gave him a large plastic glass filled halfway with vodka. The 17-year-old said Cook started talking about sexuality and asked the boy if he would like him to mentor him.
“As we continued to talk, it got more sexual,” the teen testified.
The 17-year-old had a second glass of vodka. He said things started to get fuzzy, and his vision became blurry. That is when he believes Cook performed a sex act on him.
“The next thing I remember is waking up on a couch in the basement the next morning,” he said.
The 17-year-old said he and Cook exchanged text messages of a sexual nature after the alleged encounter.
When defense attorney Tina Miller asked him why he initially told police nothing happened, the boy responded he had told himself it was a bad dream.
A 16-year-old girl who also stayed over that night testified she went to the basement of the house that morning and saw Cook and the teen sleeping on different sections of an L-shaped couch. She said their heads were almost touching. The girl said she also saw some of the texts between Cook and the 17-year-old.
The 17-year-old said Cook also purchased vodka for him a few times after the incident, including providing him with alcohol at an away basketball game.
Miller argued the charges, particularly the count of rape, should be dismissed by McDonald. Assistant District Attorney Kristin Clingermen countered the rape charge specifically dealt with an unconscious person.
“He described being intoxicated and having blackouts,” she said.
Defense Attorney Emily McNally, who also represented Cook at the proceeding, told McDonald her client was to have no contact with the victim, but she said the 17-year-old had been seen driving past Cook’s home.
Cook remains free on $50,000 bond. He will be formally arraigned on the charges Nov. 16.