Police: career criminal gets free pass

ALBUQUERQUE (KRQE) - Terry Cooke is a familiar face within the Albuquerque Police Department. He was picked up Tuesday for his latest home burglary, but he's been on APD's radar for years.

"In the last ten years, he has a number of arrests," said Sgt. JJ Griego with the Albuquerque Police Department.

But because Cooke, 43, has a low IQ, prosecutors said he'll likely never be convicted for his crimes or spend much time behind bars.

"You have to have the capability of knowing what you did and appreciate the consequences and to aid in your defense," said Bernalillo County District Attorney Kari Brandenburg. "Now some people may be incompetent because of a mental illness and they can be medicated to competency and they can stand trial. If you have a low IQ, we can't increase the IQ, so chances are, he's never going to be competent."

Brandenburg said because Cooke can't stand trial, he'll never be convicted. And because breaking into a home isn't considered a violent crime, the courts can't keep Cooke in jail.

"He's kind of in this never-never land where he continues to be a nuisance, but our legal system is unable to deal with that," said Brandenburg.

Police said this catch-and-release is incredibly frustrating because they're sure Cooke knows the difference between right and wrong.

"He tries to run or tries to flee or tries to cover his tracks," said Griego.

In Tuesday's incident, Griego said Cooke fled after the homeowner came home, armed himself with a piece of wood and swung at Cooke.

According to numerous criminal complaints and indictments, Cooke has burglarized several homes, stealing everything from TV's, computers, Spiderman comic books, even an umbrella. Police said Cooke will sell the items to feed his drug habit.

Police said while the courts don't think he's dangerous to society, one day, Cooke will be a danger to himself.

"At some point, he's going to break into the wrong house," said Griego. "At some point, there's going to be a homeowner armed with more than a piece of wood."

But Brandenburg said the courts have no control over Cooke. The only other option for Cooke would be to check himself into a mental institution or a safe house, but it can't be court-ordered because Cooke has never been convicted.

The state does run a mental institution in Las Vegas where only violent criminals are sent.