Andrew Allen Cook

Case overview

Andrew Allen Cook was convicted in the Superior Court of Monroe County, Georgia, of two counts of malice murder and two counts of felony murder in the shootings of Mercer University students Grant Patrick Hendrickson and Michele Lee Cartagena. The jury recommended a death sentence for Cook’s murder of Michele Lee Cartagena, and he received a consecutive life sentence for the murder of Grant Patrick Hendrickson. Cook was sentenced to death and was executed in Georgia by lethal injection.

Timeline

• January 2, 1995 — Mercer University students Hendrickson and Cartagena were parked on a small peninsula known as “the Point,” which juts into Lake Juliette in Monroe County, north of Macon. Cook drove onto the Point, parked his Honda CRX near their car, and shot them.
• December 2, 1995 — Investigators contacted Cook’s father as they were seeking DNA samples from area people who owned weapons like those used to kill Hendrickson and Cartagena.
• April 1994 — Cook told an investigator he had “gotten rid of” his AR-15 in April 1994.
• August 1994 — Records showed Cook did not buy his AR-15 until August 1994.
• December 1993 — Cook had an acquaintance purchase a nine millimeter Ruger handgun for him at a gun store because Cook was too young to buy it himself.
• May 1995 — Cook pawned his AR-15 rifle back to the gun store in May 1995, five months after the murders.
• July 1995 — Cook sold the Ruger to a friend.
• Late November 1996 — Cook spoke with a friend at work about “the worst thing you ever did,” said he had killed someone with an AR-15, and stated he did it “to see if I could do it and get away with it.” The friend testified Cook became “as white as a ghost,” said “I got to go,” and spit the tobacco he had been chewing into a trash can.
• November 27, 1996 — GBI Agent Randy Upton contacted Cook after obtaining a list of people who bought AR-15 rifles from 1985 to 1995. Cook stated he had “gotten rid of” his AR-15 in April 1994 and became defensive, saying his father was an FBI agent and he did not have to cooperate.
• December 4, 1996 — Agent Upton called Cook’s father, John Cook, asking for assistance in locating Cook and asking questions regarding the Lake Juliette murders.
• 11:00 p.m., December 4, 1996 — Cook returned John Cook’s calls after being paged several times.
• December 5, 1996 — Cook was arrested by a game warden for shooting deer and turkeys out of season and giving a false name and was taken to the Jones County sheriff’s office. Agent Upton later transported Cook to Monroe County.
• About 4:00 p.m., December 5, 1996 — John Cook and Tom Benson arrived at the Monroe County sheriff’s office.
• At about 11:45 a.m., December 5, 1996 — Cook was arrested by a game warden for shooting deer and turkeys out of season and giving a false name.
• March 9–19, 1998 — Cook’s trial in Superior Court of Monroe County, Georgia.
• March 19, 1998 — Cook was convicted of both counts of malice murder and both counts of felony murder. The jury’s recommendation of a death sentence was returned for the murder of Michele Lee Cartagena. Cook received a consecutive life sentence for the murder of Grant Patrick Hendrickson.
• March 23, 1998 — Cook filed a motion for new trial.
• June 4, 1998 — Cook filed an amendment to his motion for new trial.
• July 10, 1998 — The trial court denied the motion for new trial as amended.
• March 19, 1999 — The Georgia Supreme Court affirmed Cook’s convictions and death sentence.
• November 1, 1999 — The U.S. Supreme Court denied Cook’s petition for writ of certiorari.
• May 9, 2000 — Cook filed a petition for writ of habeas corpus in the Superior Court of Butts County, Georgia.
• March 7, 2002 — Cook filed an amendment to his state habeas petition.
• October 8–9, 2002 — An evidentiary hearing was held in the state habeas proceedings.
• October 2, 2007 — The state habeas corpus court entered an order granting Cook state habeas corpus relief as to his death sentence finding ineffective assistance of trial counsel.
• June 30, 2008 — The Georgia Supreme Court reversed the habeas court’s order and reinstated Cook’s death sentence.
• January 16, 2009 — Cook filed a federal habeas corpus petition in the United States District Court for the Middle District of Georgia.
• March 18, 2010 — The district court denied Cook federal habeas corpus relief.
• June 14, 2010 — The district court denied a motion to alter and amend judgment.
• August 26, 2010 — The district court granted Cook a certificate of appealability.
• November 21, 2011 — The case was orally argued before the Eleventh Circuit.
• April 20, 2012 — The Eleventh Circuit issued an opinion denying relief.
• June 21, 2012 — Cook’s petition for panel rehearing was denied.
• January 22, 2013 — The U.S.
• February 22, 2013 — Cook was executed by lethal injection in Georgia.
• 11:22 p.m., February 21, 2013 — Cook was pronounced dead after injection.
• 11:08 p.m., February 21, 2013 — The single-drug injection began.

People

• Andrew Allen Cook — defendant; male; white; eye color brown; black hair; height and weight were listed in the Georgia Department of Corrections entry; condemned murderer.
• Grant Patrick Hendrickson — victim; age 22 (also referenced as 20 in appellate discussion); Mercer University student.
• Michele Lee Cartagena — victim; age 19 (also referenced as 19 in appellate discussion); Mercer University student.
• John Cook — Cook’s father; FBI agent.
• Randy Upton — GBI Agent.
• Tom Benson — friend and FBI supervisor; flew back to Georgia to meet with the sheriff with John Cook.
• Sheriff John Bittick — Monroe County sheriff.
• Carl Humphrey — warden of the state prison in Jackson.
• Brian Owens — Commissioner (Georgia Department of Corrections).
• Joan Heath — Director of Public Affairs (Georgia Department of Corrections).
• Kate Brumback — media witness for the execution.
• Anderw Reeser — media witness for the execution.
• Will Davis — media witness for the execution.
• Shonti Tager — media witness for the execution.
• Joe Kovac — media witness for the execution.
• Mary Hendrickson — mother of victim Grant Patrick Hendrickson.
• Warren Hill — separate inmate mentioned in relation to execution scheduling.
• Joseph Handspike — mentioned in relation to Warren Hill’s prior case.
• Judge Johnnie Caldwell, Jr. — trial judge referenced in later appellate narrative discussion.
• Judge David B. Irwin, J. — state habeas judge referenced in habeas background discussion.
• THOMPSON, Justice — author of the Supreme Court of Georgia decision in Cook v. State habeas appeal discussion.
• HINES, Justice — author of the Supreme Court of Georgia decision in the direct appeal discussion.

The offence

Cook shot and killed Mercer University students Grant Patrick Hendrickson and Michele Lee Cartagena at approximately midnight on January 2, 1995. Hendrickson and Cartagena were parked on a small peninsula known as “the Point,” which juts into Lake Juliette in Monroe County, north of Macon. Cook drove onto the Point, parked his Honda CRX near the victims’ car, and fired fourteen times with an AR-15 rifle from a distance of about forty feet and then fired five times with a nine millimeter Ruger handgun. Hendrickson and Cartagena were each hit multiple times and killed.

After shooting, Cook went to the passenger side of the victims’ car, removed Cartagena, and dragged her about 40 feet. He partially undressed her, knelt between her legs, and spit on her. Cook then drove away.

The murders were described as random. Cook did not know the victims and there was no interaction between Cook and the victims before he killed them. Several people parking or camping around Lake Juliette heard the shots, and the murders were reported to the police the next morning when campers found the bodies.

The police recovered .223 caliber and nine millimeter bullets and shell casings from the crime scene. The State Crime Lab reported that the weapons used in the murders were probably an AR-15 rifle and a nine millimeter Ruger handgun. Saliva mixed with tobacco dried on Cartagena’s leg, and DNA was extracted from the saliva.

Investigation

The investigation lasted almost two years. Many people were interviewed, and dozens of suspects were excluded after they submitted blood or saliva samples to the Crime Lab or allowed their weapons to be examined by a state firearms expert. Police began looking for suspects who chewed tobacco, matched the DNA taken from the saliva, and owned or had access to a Honda CRX, an AR-15 rifle, and a nine millimeter Ruger pistol.

In the fall of 1996, GBI Agent Randy Upton began tracking the purchasers of AR-15 rifles in the Macon area. He obtained a list of 108 people who bought AR-15 rifles from 1985 to 1995 from one of Macon’s most popular gun stores and began calling them and asking if they would give saliva samples and allow examinations of their rifles.

On November 27, 1996, Agent Upton contacted Cook. Agent Upton told Cook he was conducting an investigation into the Lake Juliette murders and that Cook owned an AR-15 rifle in 1994 and 1995. Cook replied that he had “gotten rid of” his AR-15 in April 1994. Agent Upton stated that was not possible because records showed Cook did not buy his AR-15 until August 1994. Cook became defensive and stated that his father was an FBI agent and he did not have to cooperate. Agent Upton asked for a saliva sample, and Cook said he needed to talk with his father before giving a saliva sample. The conversation ended.

Agent Upton learned that Cook pawned his AR-15 rifle back to the gun store in May 1995, five months after the murders. Police also discovered Cook had an acquaintance purchase a nine millimeter Ruger handgun for him in December 1993 because Cook was too young to buy it himself. Cook sold the Ruger to a friend in July 1995. Police sought to obtain these weapons from their current owners.

Police also learned Cook owned a 1987 Honda CRX at the time of the murders.

Arrest and custody events

On December 4, 1996, Agent Upton called Cook’s father, John Cook, asking for assistance in locating Cook and for questions regarding the Lake Juliette murders. John Cook paged Cook several times and at 11:00 p.m. Cook returned his calls. John Cook told Cook that the GBI was looking for him concerning the Lake Juliette murders and asked if Cook knew anything about them. Cook replied: “Daddy, I can’t tell you, you’re one of them … you’re a cop.”

John Cook asked if Cook was there during the shooting. Cook said yes. John Cook asked if Cook saw who shot them. Cook replied yes. Although John Cook still thought Cook might have been “just there and saw what happened,” he asked Cook if he shot them. After a pause, Cook said yes. Cook told his father he was fishing at Lake Juliette and had an argument with the male victim. The male victim threatened him with a gun, and Cook shot the victims in self-defense. Cook realized the male victim had only threatened him with a pellet gun and threw the pellet gun into the woods. John Cook urged Cook to go to the authorities, but Cook said he was going to run and “just disappear.” John Cook was worried that Cook was going to kill himself.

After John Cook spoke with his wife, he called his friend and FBI supervisor, Tom Benson, who was at a conference in New Orleans. They decided Benson would fly back to Georgia the next day, and the two men would go to Monroe County Sheriff John Bittick, with John Cook telling the sheriff what his son had told him. They arrived at the Monroe County sheriff’s office at about 4:00 p.m. on December 5, 1996.

At about 11:45 a.m. on December 5, 1996, Cook was arrested by a game warden for shooting deer and turkeys out of season and giving a false name. He was taken to the Jones County sheriff’s office. Agent Upton drove to Jones County to question Cook about the Lake Juliette murders. When Agent Upton introduced himself and asked to speak with Cook about the murders, Cook blurted: “it’s been two years since the murders and you guys don’t have anything; I had a CRX; I had an AR-15; I had a Ruger P89; you guys are going to try to frame me.” Cook added: “get my father and get me a lawyer and I’ll tell you what you want to hear.” The interview terminated.

Agent Upton transported Cook to Monroe County. After Cook arrived at the Monroe County sheriff’s office, John Cook asked Sheriff Bittick if he could speak with his son, and the sheriff agreed. Cook and his father had a private meeting. Both men were crying, and John Cook hugged his son. John Cook told Cook he did not believe he told the whole truth on the phone. Cook replied that there was no pellet gun; Cook stated: “I pulled in, the car was already there, and I just stopped and shot them.” Cook then dragged the female victim from the car to make it look like an assault or robbery.

Trial

Charges and indictment

Cook was indicted in the Superior Court of Monroe County, Georgia, on February 17, 1997, for two counts of malice murder, two counts of felony murder, and one count of armed robbery. The state filed its notice of intent to seek the death penalty on February 27, 1997.

Course of trial

Cook was tried in March 1998. During the trial, the state withdrew the armed robbery charge. On March 19, 1998, a jury convicted Cook of both counts of malice murder and both counts of felony murder. The jury’s recommendation of a death sentence for the murder of Michele Lee Cartagena was returned on March 19, 1998. In addition to the death sentence, the trial court sentenced Cook to a consecutive life sentence for the murder of Grant Patrick Hendrickson.

Cook filed a motion for new trial on March 23, 1998, and an amendment thereto on June 4, 1998. The trial court denied the motion as amended on July 10, 1998.

Evidence described in the appellate record

The evidence included Cook’s admissions of guilt. Cook’s DNA matched the DNA extracted from the saliva on Cartagena’s leg. The state DNA expert testified that only one in twenty thousand Caucasians would exhibit the same DNA profile.

Ballistics testing tied weapons Cook owned to the murders. The AR-15 rifle and nine millimeter Ruger handgun that Cook owned in January 1995 were recovered from the current owners, and ballistics testing revealed they were the murder weapons.

Sentencing

A jury recommended a death sentence for Cook’s murder of Michele Lee Cartagena after finding that the murder of Cartagena was committed while Cook was engaged in the commission of the murder of Grant Patrick Hendrickson. Cook also received a consecutive life sentence for the murder of Hendrickson.

Appeals and post-conviction proceedings

Direct appeal

The Georgia Supreme Court affirmed Cook’s convictions and death sentence on March 19, 1999. Cook v. State, 270 Ga. 820, 514 S.E.2d 657.

Cook filed a petition for writ of certiorari in the United States Supreme Court; it was denied on November 1, 1999. Cook v. Georgia, 528 U.S. 974 (1999).

State habeas corpus

Cook filed a petition for writ of habeas corpus in the Superior Court of Butts County, Georgia on May 9, 2000. He filed an amendment on March 7, 2002. An evidentiary hearing was held on October 8–9, 2002.

On October 2, 2007, the state habeas corpus court entered an order granting Cook state habeas corpus relief as to his death sentence, finding ineffective assistance of trial counsel. The state habeas corpus court denied Cook relief as to his convictions.

On appeal, the State appealed and the Georgia Supreme Court unanimously reversed the habeas corpus court’s order and reinstated Cook’s death sentence on June 30, 2008. Schofield v. Cook, 284 Ga. 240, 663 S.E.2d 221.

Federal habeas corpus

Cook, represented by the Georgia Resource Center, filed a petition for writ of habeas corpus in the United States District Court for the Middle District of Georgia on January 16, 2009. On March 18, 2010, the district court denied Cook federal habeas corpus relief. The district court denied a motion to alter and amend judgment on June 14, 2010. The district court granted Cook a certificate of appealability on August 26, 2010.

The case was orally argued before the Eleventh Circuit on November 21, 2011. On April 20, 2012, the Eleventh Circuit issued an opinion which denied relief. Cook v. Warden, 677 F.3d 1133 (11th Cir. 2012). Cook filed a petition for panel rehearing, which was denied on June 21, 2012.

Cook filed a petition for writ of certiorari in the United States Supreme Court; it was denied January 22, 2013. Cook v. Humphrey, 2013 U.S. LEXIS 1029 (2013).

Outcome

Cook remained convicted of the two counts of malice murder and the two counts of felony murder and remained sentenced to death for the murder of Michele Lee Cartagena, with a consecutive life sentence for the murder of Grant Patrick Hendrickson.

Cook was executed by lethal injection in Georgia.

Aftermath and execution details

Cook apologized to his family and to the families of the two people he murdered and said he was “not going to ask you to forgive me” and “I can’t even do it myself.”

Final words

“I’m sorry,” Cook said as he was strapped to a gurney. “I’m not going to ask you to forgive me. I can’t even do it myself.”

He also thanked his family for “their support, for being with me and I’m sorry I took so much from you all.”

Last meal

Cook requested a last meal consisting of steak, baked potato, potato wedges, fried shrimp, lemon meringue pie and soda.

Method and time

Cook was pronounced dead at 11:22 p.m. after being injected with the sedative pentobarbital. The single-drug injection began at about 11:08 p.m. Cook was the first inmate executed in Georgia using only one drug after the state changed its procedure in July from a three-drug combination to a single dose.

Execution media and prison

Condemned murderer Andrew Allen Cook was scheduled for execution by lethal injection at 7 p.m. on Thursday, Feb. 21, 2013, at Georgia Diagnostic and Classification Prison in Jackson. Media witnesses for the execution were named in the execution media advisory. Carl Humphrey was referenced as warden. The prison location was described as located 45 minutes south of Atlanta off Interstate 75.