Court records: Probation officer wore wire for cocaine buy after Cook's arrest

New-DemocratOctober 28, 2013 

Booking photo of St. Clair County probation officer James Fogarty.

WASHINGTON CO. SHERIFF'S DEPT. — Washington Co. Sheriff's Dept.

— Former St. Clair County Probation Officer James Fogarty wore a wire when he arranged to buy cocaine from a man the day after his friend and former St. Clair County Circuit Judge Mike Cook was arrested, according to documents.

One of the transactions that was taped was by Augustus Stacker Jr., 59. Stacker pleaded guilty to federal charges of distribution of cocaine. He is scheduled to be sentenced on Jan. 31 by U.S. District Judge David Herndon.

Stacker, the son of Augustus Stacker, who was the former head of the East St. Louis Central Democratic Committee, an investigator for former St. Clair County State's Attorney Bob Rice and a former Metro-East Sanitary District police officers, admitted in federal court documents that he sold cocaine to Fogarty.

The transaction was audio taped as Fogarty arranged for the younger Stacker to deliver cocaine to him. Fogarty paid the Stacker for the cocaine on May 23 -- the day after Mike Cook was arrested by federal agents outside a home on North 38th Street in Belleville.

The deliveries from Stacker to Fogarty were "usually in eight-ball quantities," the documents stated.

"When arrested ... Augustus Stacker Jr. admitted his participation in these deliveries," the document stated.

Under a plea agreement signed by Stacker, his attorney and the federal prosecutor, Stacker is expected to receive an eight- to 14-month prison sentence.

Within hours of Cook's arrest on May 22, federal agents interviewed Fogarty, according to documents filed in Fogarty's case. Fogarty, 44, of Belleville, acknowledged in that interview that he sold an "eight-ball" or an eighth of an ounce of cocaine to Cook and Joe Christ, a longtime Assistant St. Clair County State's Attorney, for $280 just days before Christ died from cocaine use.

Christ, 49, died at the Cook family's hunting cabin in Pike County on March 10, just days after receiving his appointment as an associate judge. He died of cocaine toxicity, Pike County Coroner and Sheriff Paul Petty have said. Cook, 43, called 911 after he found Christ on the hunting cabin's bathroom floor.

The younger Stacker listed his employer as Laborer's Local 100 in federal court documents.

In addition to the federal drug charges, Stacker also faces vote fraud charges in St. Clair County. Cahokia police charged Stacker with marking or tampering with an absentee ballot. That charge is pending.

Cook faces misdemeanor heroin charges and a felony weapons charge. He remains free on bond. He was arrested outside of a home where Sean McGilvery was staying. McGilvery pleaded guilty to conspiracy to distribute heroin.

His co-conspirators, Deborah Perkins, and her son, Douglas Oliver, also pleaded guilty. Perkins and Oliver are scheduled to be sentenced in December. McGilvery is scheduled to be sentenced in January.

Fogarty is on home detention. Fogarty is expected to plead guilty to cocaine distribution charges on Nov. 6.

Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 618-239-2570.

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