Man sentenced to prison term in New Albany Rally's shooting

·3 min read

Sep. 23—NEW ALBANY — A New Albany man will serve time with the Indiana Department of Corrections after a shooting outside a New Albany fast food restaurant in 2021.

Chivis Cook has been sentenced to five years to be served with the Indiana Department of Corrections and one year of supervised probation.

Floyd Superior 1 Judge Carrie Stiller handed down the sentence Friday morning. She said Cook will get credit for time that he's already served in the Floyd County Jail and that he's been in custody since the shooting.

Cook's sentence with the Indiana Department of Corrections expires in June 2025.

The court dismissed charges of attempted murder, another count of criminal recklessness, resisting law enforcement and firearm used in commission of an offense in exchange for a plea deal.

Cook pleaded guilty to one charge of criminal recklessness in the shooting that occurred at the Rally's restaurant, 401 Vincennes Street, in New Albany on Sept. 10, 2021.

That charge has a maximum sentence of six years in prison. Stiller said she had to take into consideration Cook's prior court history.

Prosecutors and court records said Cook fired the weapon six times after an altercation at around 8 p.m. that day outside the restaurant on one of New Albany's busiest streets.

The victim was shot in the arm and court records said the bullet went through, but extent of the injuries beyond that is not listed.

Floyd County Prosecutor Chris Lane said the victim has not been cooperative in this case, but it's important to look out for the safety of all people in Floyd County.

"So one of the things we do is we have to look at the impact on the community. And the use of guns and gun violence in our community is unacceptable," Lane said. "So I'm proud of us for working hard and diligently to make sure this person was still held accountable even if we don't have a cooperating witness."

During the sentencing hearing Lane referenced several people who were around at the time of the shooting, including a worker at Rally's and an unknown number of people inside of a vehicle at the location's drive-thru at the time.

"As a prosecutor I am not going to stand for random acts of violence that put innocents in danger and I'm very happy the court has found this person is going to IDOC," Lane said.

Cook addressed the court on Friday morning and in his message, he said he was remorseful for his actions.

"I would like to apologize to your court," Cook said. "I understand the nature of the events."

Cook's family was in the courtroom supporting him during the sentencing hearing and provided testimony. His mother said he knows he did something wrong and that she knows his time in jail is a lesson that he has learned.

"I feel something great is going to come from a bad situation," his mother said. "...I know he's remorseful."

Judge Stiller addressed Cook's mother's testimony and spoke to him directly before dismissing the court.

"There's something I want to emphasize that your mother said (that) I very much agree with," Stiller said. "...She said she really hopes something great can come from a bad situation. That is my hope, too."