FARMINGTON — A deputy’s radio and phone both were damaged and not working after the deputy scuffled with a Franklin County inmate who escaped from custody earlier this month, an internal sheriff’s department review has found.

Meanwhile, Franklin County Sheriff Scott Nichols said Tuesday the review determined that “nothing was done wrong” by transport deputy Phil Richards during the March 1 escape and recapture of Derek Cook, the Franklin County inmate whom Richards was taking from Androscoggin County Jail to Franklin County Jail. Nichols said the review found Richards was unable to call for assistance before Cook fled because his radio and cellphone were damaged in a scuffle with Cook.

After escaping from the police van on Route 133 in Wilton, Cook fought with Richards twice and then fled on foot.

Cook, still in ankle shackles, then broke into a home, assaulted the homeowner, stole her vehicle and led police on a high-speed chase before crashing in Chesterville and being taken back into custody. The escape and recapture lasted about 30 minutes and involved Maine State Police, Wilton police and the sheriff’s department.

After the escape, Richards, in his mid- to late 50s, was on sick leave for a week to recover from injuries he suffered during the two altercations with Cook. Nichols said when he returned, around March 9 or March 10, a review of the incident was conducted that included interviews of Richards by Franklin County command staff. Nichols said the interviews determined that Richards had followed department protocol.

Richards was the only deputy transporting Cook and two other inmates to the Franklin County Jail in Farmington. Nichols said only one transport deputy is required when non-high-risk inmates are being transported, as was believed to be the case on March 1. Following jail transport protocol, all of the inmates in the van were wearing ankle shackles, handcuffs and stomach bands.

Advertisement

While driving on Route 133 in Wilton, Richards noticed something was going on behind him in the van and saw that Cook had gotten one of his hands free from the handcuffs and was trying to open the van’s side door with the open cuff.

Nichols said at this point Richards did not call for assistance, but instead focused on his first priority of preventing Cook from “bailing out the side door.”

Richards then stopped the van to confront Cook, who jumped out the side of the van. Richards caught Cook a few feet from the van at the tree line, where an initial fight occurred, but he was able to bring him back to the van, where a second fight between the deputy and the inmate ensued. During that fight, Cook kicked Richards to the ground and fled down the road, still in his ankle shackles.

During the initial fight, Richards’ portable radio and cellphone were damaged and “rendered inoperable,” according to Nichols, preventing Richards from calling for assistance.

Richards decided not to chase Cook when he fled down the road because he still had two other inmates in the van. When he returned to the van after scuffling with Cook, he called for assistance using the van’s radio.

There is no set protocol for when an officer is supposed to call for assistance during an escape attempt, though Nichols said that is something the sheriff’s department and jail might look to do in the future.

Advertisement

Nichols said transport protocol is not going to change in the wake of the escape attempt.

Cook, 31, of Wilton, is charged with robbery, a class A crime; escape, class B; burglary, class B; theft, class C; assault on an officer, class C; eluding an officer, class C; and assault class D. He is being held at the Franklin County Jail on $40,000 cash bail.

A news release issued by the Sheriff’s Department on March 1 listed 14 charges Cook faced from the three agencies involved. However, Cook appeared on only seven counts when he was arraigned March 2 at Rumford District Court.

After Cook’s arraignment, the Franklin County district attorney’s office said Maine State Police did not have their case ready in time for his arraignment. The additional charges may be added against Cook when a Franklin County grand jury meets, the district attorney’s office said.

Of the seven counts he has been charged with, five were filed by the Wilton Police Department and two by the Franklin County Sheriff’s Office.

The additional charges listed by the state police in the news release include criminal speeding, class E; eluding, class C; reckless conduct, class D; driving to endanger, class D; and operating after suspension with an extensive driving history. Also listed in the release was a charge of obstructing the report of a crime, class D, from Wilton police; and a charge of strong-armed robbery, class B, from the Franklin County Sheriff’s Office.

Advertisement

A call to the district attorney Tuesday for an update on the additional charges was not returned immediately.

Cook was being held at the Androscoggin County Jail after being arrested on Feb. 25 by Auburn police on a Franklin County warrant for a probation violation.

Lauren Abbate — 861-9252

labbate@centralmaine.com

Twitter: @Lauren_M_Abbate


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.