John Willoughby: Greene Publishing, Inc.
On Friday, April 20, a Florida Highway Patrol (FHP) trooper was dispatched to the scene of a single-vehicle crash involving a City of Madison Commissioner and Live Oak City Councilman and left by issuing a notice to appear in court.
According to a report by the FHP, Trooper Llanes was dispatched to the crash around the area of Gooseberry St., and Gladioli Dr., in Lee. When he arrived, he observed a white Ford F-250 on the right shoulder of the roadway, facing west. Both passenger tires were in the ditch, and a Certified Towing tow truck was parked on NE Gooseberry Rd. with a tow cable attached the the F-250.
As Trooper Llanes approached the vehicle, he spoke with Rayne Cooks, City of Madison Commissioner, who was sitting in the driver's side of the pickup truck and talking with an insurance company, on the phone. A male subject was also nearby, later identified as Bennie Lee Thomas, Live Oak City Councilman. The trooper began to ask Cooks what led to the crash when Thomas abruptly began to explain what had happened. According to the report, Thomas stated that the truck had shut off, steering became hard, and the truck went into the ditch. Trooper Llanes again asked Cooks what happened and she stated that the truck shut off and went into the ditch. The trooper observed significant damage to the ground wire of the power pole, consistent with damage to the truck's mirror.
Rayne Cooks, City of Madison Commissioner District 1.
Bennie Thomas, Live Oak City Councilman District 2.
A passer-by who stopped on scene due to the number of vehicles in the roadway advised Trooper Wright that Cooks was the Mayor of Madison, which was misleading; as she was now a former Mayor. Trooper Wright notified a supervisor due to the high-rank of Cooks position. According to the report, Cooks made several statements to Thomas, such as: "I told you we shouldn't have called," and another comment, stating "This is why people don't call y'all."
At the scene, only a small plastic part of the truck mirror was located. Cooks advised that she was only going 15 mph. According to the report, Trooper Llanes noted the amount of damage on the vehicle was not consistent with the speed she stated she was traveling. During the investigation, as Trooper Llanes was trying to locate the passenger-side mirror of the truck, a person who lived close by came to the scene and asked Thomas if he was okay. The neighbor informed Troopers Llanes and Wright that he observed the incident and when he went to check on any possible occupants, of the vehicle, he saw Thomas exiting the truck and no other occupants.
As the investigation continued, Cooks asked how long the investigation would take. Thomas stated that Cooks has a business to tend to and they needed to go. Trooper Llanes was informed that she has a funeral home and works for the City of Madison as a commissioner. Trooper Wright informed his supervisor of her proper position within the city. Thomas also advised that he was a city councilman, out of Live Oak.
Before proceeding, Trooper Llanes asked Cooks if she was sure she was the driver; her response was in the affirmative. Trooper Llanes informed Cooks that he was going to read her miranda warnings, as he was now done with the crash investigation and was now conducting a criminal investigation.
According to the report, at approximately 1:22 p.m., Trooper Llanes read Cooks her miranda warnings. While he was reading the warnings, Cooks stated: "I know my rights." The trooper proceded to read the warnings and Cooks acknowledged that she understood her rights. The trooper then asked what led to the occurrence of the crash. According to the report, Cooks stated that she was traveling westbound and the "truck cut off." She was unable to steer the truck, and it ran in the ditch, hit the pole and tore the mirror off.
At approximately 1:28 p.m., Trooper Llanes then read Thomas his miranda warnings. The trooper asked Thomas if he could state what led to him being on the scene. Thomas began to state that he was there because of the crash. Trooper Llanes then asked Thomas who notified him of the crash. As he was beginning to explain, he stated "Well, I called her when it – " Thomas stopped mid-sentence, and then stated, "Well, she called me." The trooper asked who called who and Cooks stated that she called him and then he called her. Thomas stated that he was at the house when Cooks called him, then he went to the crash site. He also informed Trooper Llanes he lived six miles east of where the incident occurred.
According to the report, while Trooper Llanes interviewed Thomas, Cooks began making remarks such as, "Be careful, he might shoot you."
After Trooper Llanes obtained sworn statements from Cooks and Thomas, he asked them if they were married, to which Cooks replied, "Does it matter?" The trooper inquired again because of the different last names and addresses on their licenses, to which she stated, "We are common law married."
During the investigation, a witness waved Trooper Llanes to where he was and stated that he had found a mirror with damage consistent with the damage on the truck. The witness pointed to a power pole just east of where the incident scene was. When Trooper Llanes walked to that scene, there were clear signs that a truck had run off the road into the ditch.
Due to the totality of circumstances and the witness' statements, Trooper Llanes issued Cooks, and Thomas notices to appear in court for resisting without violence. Trooper Llanes requested Cooks to sign the notice. She then stated she was not going to sign it. Trooper Llanes informed Cooks that if she refused to sign the document, she was going to be placed under arrest. Cooks was then asked to put her finger print on the notice, and she stated she wasn't going to do so. When the finger print pad was presented to her, she stated: "I don't want to put that s*** on my hand." Trooper Llanes then stated Cooks purposefully touched the paper in a rapid manner and smudged the finger prints. After multiple times of instructing her to correctly stamp her fingerprint, she finally did. Thomas fingerprinted the notice without an issue.
Both Cooks and Thomas are scheduled to appear before Judge Bailey Browning on Monday, June 18, at 12:30 p.m., in the Madison County Courthouse.