Family Gun Dispute

By WBNG News

July 22, 2010 Updated Aug 11, 2009 at 11:13 PM EDT

A gun dealer in Greene could face a year in jail.

Police say he threatened his brother's life with an AK-47.

Action News reporter Reed Buterbaugh has the story.

49-year-old Wayne Cook was arrested on menacing charges in Greene last Friday.

After allegedly threatening his brother Tim with an AK-47 rifle three weeks ago.

Cook says he hired his brother to help with a remodeling project at his home business, Cook and Sons Fine Guns on Water Street in Greene.

"He's kind of down on this luck so I'll reach out and try and help him and obviously paid a pretty dear cost for that," Cook of Greene said.

Wayne says his brother's habitual drug abuse strained their relationship.

"He smoked two bowls of pot on the way down and back from Lowes," Cook said.

Everything was going great for the Cook brothers as they were working on the remodeling project. Until Tim accused Wayne of stealing 14 volt batteries from him. A shouting match ensued, but Wayne insists he never threatened his brother with a gun.

"I just never thought it would happen in this country," Cook said.

Days after the incident Tim filed a complaint with Greene Police.

Saying Wayne pointed an AK-47 at him and threatened his life.

Douglas Hoffman lives across the street.

He heard the argument, but doesn't think Wayne used a gun to threaten his brother.

"No I can't imagine that. They were hollering and screaming at each other and that was about it," Hoffman said.

Cook believes the police have it in for him.

After his arrest, they confiscated his store's 47 guns, valued at over 25-thousand dollars.

His lawyer is working on a civil suit against the Village.

"This is totally bogus and frivolous and had their been even a modicum of reasonable law enforcement investigation he wouldn't be facing these charges," said attorney Ron Benjamin.

Benjamin will argue Tim Cook's time line does not add up.

He says receipts from a hardware store prove Tim and Wayne were not at the home office at the time of the alleged incident.

Cook is out on 20-thousand dollars bail.

Greene Police Chief Steve Dutcher tells Action News that any claims of an improper investigation by his department is false.

Saying they handled the menacing complaint like any other.

Going through the Chenango County District Attorney to obtain the warrant to arrest Cook.

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