In 2004, Vernetta Cockerham filed suit against the Jonesville Police Department and officers Scott Vestal and Timothy Lee Gwyn. The lawsuit stemmed from the murder of Cockerham's teenage daughter by her stepfather, Richard Ellerbee, during the early morning hours of Nov. 19, 2002.
In her lawsuit, Vernetta Cockerham claimed the Jonesville Police Department did not enforce protective orders placed on Ellerbee. She also claimed the department was aware her estranged husband had threatened to kill her and her children.
Those allegations remain disputed.
In a statement released from the Jonesville Police Department following yesterday's settlement, "The Town of Jonesville believes that the officers named in the suit did nothing wrong. The resolution of this case admits no wrongdoing on the part of the Town nor its' officers."
Terms of the settlement have not been immediately released.
Vestal still works with the Jonesville Police Department, while Gwyn does not.
"The settlement of this case (Tuesday), for a substantial and undisclosed amount, gives (Cockerham) a measure of justice and allows her to move forward with her life," said Cockerham's attorney, Harvey Kennedy, of the law firm Kennedy, Kennedy, Kennedy and Kennedy, in a statement released to the media.
Kennedy identified the officers named in the lawsuit.
On the morning of Nov. 19, Ellerbee again broke Cockerham's house and the only person home was Candice Cockerham, 17, a senior at Starmount High School. Two younger children were not in the house. One was in school, the other in daycare.
"(Ellerbee) hit her in the head three times with a hammer," said Kennedy. "Then he suffocated her with duct tape."
According to the Nov. 20 edition of The Tribune, Candice Cockerham had been stabbed to death.
Kennedy said that Ellerbee then waited for Vernetta Cockerham to return home. When she did, he attacked her with a knife, and severed her carotid artery.
Also in the Nov. 20 edition of The Tribune, it was not certain what weapon was used in the attack, whether it was a knife or a sharpened piece of broken glass from a mirror.
"Somehow, she managed to escape and run to the police department, where she collapsed," said Kennedy.
At the time, the police department was located at 140 W. Main, a block away from where she lived, at 231 W. Main St.
Ellerbee fled to New Jersey, where it was believed he had relatives. Several days later, he died after dousing himself with gasoline and setting himself on fire.
According to Kennedy, on earlier occasions, Cockerham had several domestic violence protective orders from the court served against her then-estranged husband. In an article in The Tribune from Nov. 20, 2002, the relationship between Cockerham and Ellerbee was marked with a history of domestic violence. According to Kennedy, on one occasion, Ellerbee broke into Cockerham's home and stole some coins. He also left her a threatening note.
The last six months leading up to the November incident were particularly violent. As recently as Sept. 11, 2002, Ellerbee pled guilty to assault with a deadly weapon and assault on a female after attacking her with a baseball bat. He was given a 60-day suspended sentence and 36 months probation.
Six days before the murder, another restraining order was served on Ellerbee, because he had communicated a threat that he would kill her (Cockeram) "... before it was over."
In each instance, Cockerham went to the police in an effort to get him arrested, said Kennedy.
"He should have been arrested, especially after he attacked her with a baseball bat, but he wasn't," said Kennedy.
Yet Cockerham bears no animus toward the Jonesville Police Department.
"It comes down to education. We need to be attentive (to domestic violence)," she said. "We want the best of the best for our community, don't we?"
It isn't only attitude, said Cockerham, it's resources; and it is not just resources, either. She pointed out other communities that have tapped into resources available at both the state and federal level.
"The resources are there," she said. "Why aren't they being utilized?"
Still, the past years have been difficult, but they have also been tempered.
"I think of my grandmother at age 81, and of growing up in Jonesville," she said. "I was also encouraged by the show of support (through the wearing of ribbons) for Candice and for all domestic violence victims."
Cockerham has become more active in helping other victims of domestic violence. She said part of the settlement will be directed toward that aim.
Still, despite the forgiveness, there is a tinge.
"Yes, I'm infuriated," she said.
But she is putting that raw emotion to positive use.
"I have to take it out on trying to fix it (domestic violence)," said Cockerham.
Editor's note: Information for this article was also provided by news partner WXII-12 in Winston-Salem, and courtesy of newscaster Mac Ingraham with WFMY-TV, in Greensboro.
This is a REVISED posting from should you still desire to post something of what I wrote, please use the following instead:
I too am a parent of a child of a violent domestic felony over 6 years ago. I have some legal background and without it my family would not have fared well through our crisis involving the events surrounding the attack on my child.
Fortunately, my child is now thriving and will soon become a psychologist with a goal of helping other youths who are victims of domestic violence overcome their experience so that it does not become a defining moment in their lives.
Ms. Cockerham rightfully pointed out there needs to be more awareness, utilization and effective use of all resources available in the fight against domestic violence on a Federal, State and Local level. Also laws around the 50B orders need to be revisited and revised to be strict and clearly defined. It is viewed now as nothing more than a worthless piece of paper because the victim has to have proof of violation before action can be taken by law enforcement. This proof requirement stems from other protection rights afforded to all citizens and unfortunately perpetrators have rights as well(it made me angry too when my family faced the same issues of a perpetrator consistently breaking a 50B - a he said/she said evidence was all that existed which was not enough to get law enforcement involved or bring violation proceedings).
I have followed Ms. Cockerham’s case and I am of the opinion, Ms. Cockerham and her attorneys have put several spins on the underlying merits of this case that are not apparent in media coverage. This case isn't about the wrongful death of Candace it is about the money for both Ms. Cockerham and her legal representation.
Court documentation suggests, Ms. Cockerham was told how and what she needed to do to protect her children and herself. However, Ms. Cockerham made a personal choice not to by her own accord. She broke the protective orders herself on occasions by seeking her estranged spouse. Do not misunderstand me as I am by no means suggesting that Ms. Cockerham or her family in any way deserved what happened to them as that would be absurd.
Law enforcement is provided to protect citizens of an area not an individual person as in a personal body guard. As reasonable adults with common sense we cannot expect for something negative not to happen, amidst threats and actions of physical violence, when we continue to choose to put ourselves and children at risk in the middle of it over and over again. Ms. Cockerham played with fire knowing it was hot, realized she might get burned and accepted that - each time she made contact with her estranged spouse she took that risk. She just did not expect things to take a twisted turn of events to result in a death of a child or have her own life compromised.
I suggest Ms. Cockerham wasted valuable resources of The Town of Jonesville for the years of officer man hours spent in depositions and in court over litigation of this case. Time that could have been better utilized investigating other crimes and protecting citizens. She sought and found attorneys willing to risk their time and money to bring forth action against a law enforcement agency, that genuinely tried to help within the scope of the law that protects all our rights (fundamental legal rights - not that I liked it either when my own child was attack as it outraged me).
If we want our law enforcement to act and respond differently to certain situations presented to them with regards to domestic violence, we are going to have to fight for changes in laws with the net effect of a slight violation of a 50B order a felony in itself and the proof resting upon the defendant rather than the plaintiff. Presently anyone wanting to break a 50B need only do so without witnesses and there really isn't much law enforcement can do once they investigate or talk with the plaintiff and find that the plaintiff "knows the defendant did x or broke into their home" without some proof or at least a witness. Because they legally cannot violate the rights of the defendant. Laws need to be changed. Further, the 50B's shouldn't be taken so lightly by plaintiff's either.
Also, if one is obtained, the victim should also be required do their part to stay away from the defendant. No calls, no ride by, no intentional "accidental bumping" into at places known to be a frequent of defendant, in essence the victim does their part by keeping their distance. Going back and forth dozens of times in an abuse relationship under a 50B makes law enforcements job in protecting victims nearly impossible by the victims on actions.
Ms. Cockerham indicated that she would be giving some of her settlement to benefit the domestic violence cause. I hope this was a sincere gesture and not merely an eloquently staged public relations statement prompted by her high priced lawyers.
There were no winners in this lawsuit except the lawyers. Ms. Cockerhams benefited the most from this out of court insurance settlement.