The Fort Wayne man convicted of misdemeanor battery in a road rage incident last year that turned fatal could be released today.
Brandon M. Cook, 28, was sentenced this morning to a year behind bars, and he was given credit for 251 days he's already spent in jail. Indiana sentencing guidelines for misdemeanors allow for one day of credit for each day spent incarcerated, meaning defendants serve half of their executed sentence.
Defense attorney Bart Arnold said that means Cook could be released from the Allen County Jail today.
Cook had also faced a felony involuntary manslaughter charge – which carried a penalty of up to six years in prison – but jurors last week found him not guilty on that count.
He and Orlando Fernandez, 60, each were driving east on U.S. 30, near Goshen Road, on Aug. 8. Cook and Fernandez stopped, and Cook punched the older man at least four times, according to court documents and witnesses who testified at trial.
Fernandez later died of a heart attack doctors said was caused by the attack.