Howard County Police Officer Found Not Guilty in Road Rage Fight

By Andrew Metcalf

An off-duty Howard County police officer accused of starting a fight with a newspaper deliveryman in a Giant parking lot at 4:30 a.m. was found not guilty of second-degree assault in a ruling Tuesday by a Howard County Circuit Court judge.

Judge Richard S. Bernhardt issued the ruling at the conclusion of about a four-hour trial. Bernhardt said that although he found the actions of officer Lawrence Cameron Cook "disturbing" after the March 18 encounter in the parking lot, he did not know beyond a reasonable doubt whether Cook was responsible for the incident.

The ruling hinged on inconsistencies in the testimony of Craig Kesler, 29, the Washington Post delivery driver, and the lack of direct evidence implicating Cook, 31, a seven-year police veteran, according to Bernhardt.

The judge said he couldn't make out who was who in a grainy surveillance video of the fight, which occurred at the edge of the camera frame.

Kesler testified that he was delivering Washington Post newspapers to Ellicott City and Columbia businesses early on March 18 when the driver of a large, black pickup truck with oversized tires accused Kesler of tailgating him on Old Annapolis Road.

Kesler said when he arrived at the Dorsey Hall Gaint in Ellicott City to make his next delivery, the pickup truck, driven by Cook, also pulled up.

He said there was a confrontation and Cook threw him to the ground and put his knee on his back. Kesler said Cook identified himself as a police officer.

Cook testified he encountered Kesler, who was driving an Acura, when Kesler attempted to block the road, screaming at Cook, 'Why don't you learn how to drive.''

Cook said Kesler threatened him and he followed Kesler into the Giant parking lot. Cook said he wanted to get Kesler's tag and a description out of fear for his property.

Cook said Kesler swung at him after he got out of his truck and that the two struggled on the ground before Cook was able to retreat. Sometime during the incident, Cook said he identified himself as an off-duty police officer. 

Immediately after the confrontation, Kesler called police. In a frantic 911 call played in court, Kesler said a man threw him to the ground after the man said he was following him too closely. 

Bernhardt said "it was disturbing" Cook didn't attempt to contact police after the fight.

Cook said both his work and personal phones were dead. Police were able to locate Cook's truck that morning in a nearby townhouse development where his girlfriend lived, but the truck was registered to his parents' house and police didn't have his girlfriend's address.

"I'm not exonerating anyone," said Bernhardt, before issuing the ruling of not guilty.

Clarke Ahlers, the attorney for Cook, commended the judge on a fair trial.

"The system worked," said Ahlers.

Cook declined comment on the ruling.