"His determination was made based on previous inspection jurisdiction over the mine road," the MSHA report said. "Based on this determination, an accident investigation was not initiated, beyond taking photographs."
The state's report says that two MSHA inspectors, Wilt and Barry Ryan, actually investigated the accident that morning. It does not indicate who - if anyone - from the state agency looked into the incident and decided not to investigate.
The state report, by inspector John Meadows, recites the basic facts of when and where the accident occurred. It notes that the road was dry at the time, and that a company examination found no problems with Cook's truck.
But the MSHA report, signed by District Manager Bob E. Cornett, quotes from a State Police report in concluding that "excessive speed likely contributed to the accident."
In his report, Trooper S.M. Durrah checked a box indicating that "exceeding safe speed" was a contributing factor in the accident.
Amy Louviere, an MSHA spokeswoman, said that the trooper "has far more experience in vehicular accidents than most of our investigators, and his conclusion was educated, informed and based on his knowledge and training as a vehicular accident investigator."
But the State Police report also notes that the posted speed limit on the road was 40 miles per hour, and that Cook was not exceeding that speed limit.
The MSHA conclusions mirror those of an internal report by Cook's employer, Savage Industries.
Savage said that Cook was driving too fast and became distracted.
Company investigators could not determine how Cook might have become distracted. He hadn't made or received any cell phone calls, and other drivers said there was no excessive radio chatter. Cook's lunch box was closed. The company pointed to a flashlight that was turned on inside the cab. "The light itself is such that the on switch is recessed in the end of the light, which would make it difficult to be turned on inadvertently during the crash," the company report said.
In a State Police interview, Savage foreman Robert Hovatter told authorities that "speed was definitely a factor" in the accident.
But Hovatter also said that the trucking route usually takes about an hour and that Cook "was right at an hour."
Cook's mother, Gay Cook, said that the family believes state and federal investigators have failed them.
"I don't think we'll ever get our questions answered," she said last month. "After two and a half years, I think I've had my fill. I don't think anyone is going to do a proper investigation."