North Florida councilman charged with resisting without violence
Published 11:00 am Wednesday, May 16, 2018
- Bennie Thomas, City Council
LEE, Fla. — Live Oak City Councilman Bennie Thomas was issued a notice to appear in court for resisting arrest without violence after an incident April 20.
According to the Florida Highway Patrol, troopers were dispatched to the scene of a single vehicle crash in Lee involving Thomas and City of Madison Commissioner Rayne Cooks.
The report states that upon arrival, troopers observed a white Ford F-250 on the right shoulder of the roadway around the area of NE Gooseberry Street and Gladioli Drive in Lee with both passenger tires in the ditch and a tow truck already with a tow cable attached to the pickup.
According to the report, the trooper spoke with Cooks, who was sitting in the driver’s side of the pickup truck and talking with an insurance company, on the phone. Thomas was nearby.
The report states that when the trooper started to ask Cooks about the crash, Thomas “abruptly began to explain what had happened.”
“Well the truck shut off and it was hard to steer and it went into the ditch,” Thomas stated, according to the report.
The trooper asked Cooks what happened and she stated that the truck shut off and went into the ditch, the report states.
The report states that a passerby stopped and informed a trooper that Cooks was the Mayor of Madison. She is actually the former mayor.
According to the report, the trooper notified a supervisor due to Cooks being a high-ranking city official.
Cooks allegedly told Thomas,“I told you we shouldn’t have called,” and “This is why people don’t call y’all,” the report states.
According to the report, Cooks stated that she was only going 15 MPH at the time of the crash. The report further states the amount of damage to the vehicle was not consistent with the stated speed.
During the investigation, as a trooper 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 OK.
According to the report, the neighbor stated he saw the crash and observed Thomas exiting the truck with no other occupants.
According to FHP, Cooks allegedly asked how long the investigation would take.
According to the report, Thomas stated “We got to go, she’s got a business to tend to.”
When the trooper asked what kind of business, he was informed Cooks had a funeral home and works for the City of Madison as a commissioner. Thomas also advised that he was a Live Oak city councilman.
The report states that the trooper advised his supervisor of their proper government positions.
The trooper then asked Cooks if she was sure she was the driver and she responded yes, the report states.
Following the response, the trooper informed Cooks she was going to be read her miranda warnings, and he was now conducting a criminal investigation, the report states.
According to FHP, while the trooper was reading the warnings, Cooks stated “I know my rights.” The trooper proceeded to read the warnings and Cooks acknowledged that she understood her rights.
According to the report, Cooks stated that she was traveling westbound and the “truck cut off,” when asked what happened.
She stated she was unable to steer the truck and it ran in the ditch, hit the pole and tore the mirror off.
The report states that the trooper then read Thomas his miranda warnings before asking what led to him being at the crash scene.
Thomas began to state that he was there because of the crash when the trooper asked Thomas who notified him of the crash.
“Well, I called her when it…” Thomas said, stopping mid-sentence before stating, “Well, she called me,” according to the report.
The report states the trooper asked who called who and Cooks stated that she called him and then he called her.
According to the report, Thomas stated that he was at the house when Cooks called him, then he went to the crash site.
Thomas informed the trooper he lived six miles east of where the incident occurred, according to the report.
Lee is approximately 23 miles west of Live Oak.
When asked if they were married, Cooks allegedly replied,“Does it matter?” the report states.
According to the report, the trooper inquired again because of the different last names and addresses on their licenses, to which she allegedly said, “We are common law married.”
The report states that while the trooper interviewed Thomas, Cooks began making remarks such as, “Be careful, he might shoot you.”
Based on the circumstances and the witness’ statements, Cooks and Thomas were issued notices to appear in court for resisting without violence.
The report states that when the trooper requests Cooks to sign the notice, she said she was not going to sign it.
According to the report, the trooper informed Cooks that if she refused to sign the document, she was going to be placed under arrest.
The report states that Cooks also refused to put her fingerprint on the notice.
According to the report, when the finger print pad was presented to her, she stated “I don’t want to put that **** on my hand.”
According to the report, Cooks purposefully touched the paper in a rapid manner and smudged the fingerprints and after multiple times of instructing her to correctly stamp her fingerprint, she finally did.
The report states Thomas fingerprinted the notice without issue.
Both Cooks and Thomas are scheduled to appear before Judge Bailey Browning on June 18, at 12:30 p.m., in the Madison County Courthouse.