Judge believed defendant showed a ‘lack of accountability’ in court and pre-sentence investigation for sexual abuse of 10-year -old girl and bestiality with dog

By Gary Dickson, Editor – Siouxland Observer

Troy Cooke, 51, of Sioux City was sentenced to 15 years in prison with seven years suspended for the count of sexual contact with a child under the age of 13 on Monday, Jan. 6. The sentence was handed down by Circuit Court Judge Tami Bern in a courtroom at the Union County Courthouse in Elk Point, S.D. Judge Bern also sentenced Cooke to two years in prison for bestiality with a dog in the child victim’s home. The two sentences will be served concurrently at the South Dakota State Penitentiary in Sioux Falls.

Cooke was charged with two counts of sexual contact with a child under the age of 13. Both offenses involved sexually abusing a 10-year-old North Sioux City girl for whom he sometimes babysat. Cooke was convicted of one of the two counts by a jury on Aug. 15 in the same courtroom.

His charge for bestiality was separated from the other two charges just two days prior to the trial and scheduled for the next day. However, after his conviction on one of the charges of sexual contact with a child under 13, Cooke learned there was a videotape of his then alleged act of bestiality with a dog under the care of the victim’s family. The videotape was shot by a “nanny cam” used by the victim’s mother.

At that point Cooke decided to plead guilty on the bestiality charge.

Pre-sentence investigations were conducted for both convictions by court personnel to look at any prior criminal record of the defendant and information about his characteristics, financial condition, and the circumstances affecting his behavior.

Just before sentencing, the judge asked for comments by both the defendant’s attorney and the defendant, as well as the prosecution. The defendant’s court-appointed attorney, Phillip Terwilliger, speaking for Cooke said Cooke “has no desire to be in contact with the victim and her mother.” The attorney added that the defendant “feels terrible for the victim.”

As for the bestiality charge, Terwilliger said Cooke “believes the issue with the dog was a ‘dumb joke'”.

State’s Attorney Kathy Zenner who represented the prosecution pointed out that Cooke’s credibility was lacking. She pointed out the defendant’s previous conviction of selling a firearm to a felon and Cooke’s subsequent federal arrest and prison sentence.

The prosecutor then moved to submit the Nanny Cam video to the judge, asking her to look at it on a larger screen.

“It’s clear that [Cooke} sexually satisfies the dog, then satisfies himself,” Zenner explained.

She then asked the judge to sentence the defendant to the maximum sentence on both charges.

In giving out her sentence of Cooke, Judge Bern said after reading the pre-sentence reports and listening to his lawyer in court, that she was concerned about the defendant’s lack of accountability. In delivering her sentence, Bern said, “I also take into consideration the violation of trust of the victim which you were in the role of giving care.”

Judge Bern sentenced Cooke to 15 years in the South Dakota State Penitentiary for the sexual contact with a child under the age of 16. She sentenced him to two years in the penitentiary for the bestiality charge. The sentences are to run concurrently. He is also responsible for court costs.

Cooke will be eligible for parole after seven years of serving his sentence. He also must register as a sex offender.

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