On May 6, 2006, then 22-year-old Radke met with Marcel Colquitt near
Shadow Ridge High School, at the north end of
Decatur Boulevard, at approximately 2:30 PM to fight.
[34][35] Each man brought additional men to support them in the fight, with news reports placing the number of those involved at anywhere from six to eight individuals. During the fight, 22-year-old Chase Rader, a man who had accompanied Radke, shot 18-year-old Michael Allen Cook three times, killing him, as well as wounding another man, Colquitt's brother.
[36] Rader was arrested for and charged with murder but the
district attorney declined to prosecute him, despite his
confession, as it was determined Rader acted in
self-defense.
[36][37]
Radke and Colquitt were criminally charged for their involvement in Cook's death, although Colquitt committed
suicide before he could stand trial.
[38] On January 18, 2008, Radke pleaded guilty to
battery with substantial bodily harm in relation to Cook's death and subsequently was ordered to be placed on
probation for five years, and he was ordered to pay $92,372 in
restitution for the medical bills of Michael Colquitt.
[35][39] After Radke violated the terms of his probation, he was made to serve two and a half years in prison.
[40][41][42]
Because of his criminal activity and prison sentence,
Escape the Fate fired Radke.
Craig Mabbitt, formerly of the band
Blessthefall, replaced the imprisoned Radke.