Antioch man sentenced to 41 months for being felon in possession of ammunition

Firearm never recovered after Super Bowl Sunday shooting

By Department of Justice, U.S. Attorney’s Office, Northern District of California

OAKLAND – David Leigh Cook was sentenced Wednesday, Nov. 4, 2019 to 41 months in prison for being a felon in possession of ammunition, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable James Donato, U.S. District Judge.

Cook, 51, of Antioch, Calif., pleaded guilty to the charge on July 17, 2019. According to the plea agreement, Cook admitted that at approximately 3:45 p.m. on Super Bowl Sunday, February 3, 2019, he was in possession of a firearm and ammunition in Antioch, Calif., when he became involved in a dispute with another person. The dispute escalated, and the defendant fired his gun at the other man, striking him at least once. The defendant walked away, returned to his vehicle, and drove off. The defendant was arrested the next day. At the time of his arrest, the defendant did not possess a firearm; the firearm used in the Super Bowl Sunday shooting has never been recovered. The defendant acknowledged that at the time of the Super Bowl Sunday shooting, he knew he previously had been convicted of felonies in 2008, 2010, 2011, 2012, and 2014, and therefore was not eligible to possess a firearm or ammunition.

A federal grand jury indicted Cook on April 11, 2019. He was charged with being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1).

The investigation began when emergency medical personnel responded to the scene of the Super Bowl Sunday shooting and rendered emergency medical treatment to stem the victim’s life-threatening blood loss. Emergency medical personnel and responding law enforcement officers observed spent ammunition casings in close proximity to the victim’s location.

In addition to the prison term, Judge Donato sentenced the defendant to a three-year period of supervised release. After today’s sentencing hearing, the defendant was returned to state custody where he faces additional charges.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Antioch Police Department.


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