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BREAKING: Woman indicted in judge’s death
BREAKING: Woman indicted in judge’s death
Wednesday, August 17, 2011
A grand jury indicted a Troy Township woman last week for aggravated vehicular homicide, failure to stop after an accident and driving while under the influence of alcohol in the killing of longtime Geauga County Judge Charles “Chip” Henry in May.
Kelly A. Cox, 42, of 12925 Greystone Drive, had a blood alcohol level of .284, more than three times higher than the legal limit, when she slammed her vehicle into the late Judge Henry, according to the indictment.
With Judge Henry’s wife and family in the courtroom, a tearful Cox was arraigned before retired Lake County Common Pleas Judge Paul H. Mitrovich this morning on charges listed in a sealed indictment. The Ohio Supreme Court appointed Mitrovich to hear the case after Geauga County Common Pleas Judges Forrest Burt and David Fuhry recused themselves last week, after learning of the indictment.
Geauga County Prosecutor David Joyce said he presented the case to a county grand jury last Wednesday to consider charges against Cox in the death of Henry in the crash that occurred about 7:30 p.m. May 23. The grand jury returned a seven-count indictment against Cox, which was filed under seal.
Joyce said he was precluded from speaking about the sealed indictment until Cox’s arraignment was held, but declined further comment at this time.
Cox faces three felony charges: aggravated vehicular homicide, a second-degree felony; aggravated vehicular homicide, a third-degree felony; and failure to stop after an accident, a third-degree felony. She also was indicted on four misdemeanor charges: operating a vehicle under the influence of alcohol, a first-degree misdemeanor; two counts of endangering children, also first-degree misdemeanors; and operations in willful or wanton disregard of the safety of persons or property, a minor misdemeanor.
If convicted on the most serious of the charges, Cox faces up to 13 years in prison and a $25,000 fine.
Cox waived her right to have the judge read and explain the charges against her.
“You understand that you are facing several counts and some count requires a mandatory prison term?” Mitrovich asked Cox.
“Yes, sir, I do,” a sobbing Cox answered.
Criminal defense attorney Mark B. Marein acknowledged receipt of the indictment and entered a plea of not guilty on all charges on behalf of his client.
Joyce asked the court to fashion a bond as it saw fit, but requested that if Cox were to be released pending the outcome of the case that she be required to surrender her driver’s license and passport.
Marein informed the judge that Cox surrendered herself to sheriff’s deputies at 7 a.m. this morning.
“She has known that this matter has been percolating for almost three months; she recognized that at some point she was going to be charged. She certainly did nothing to flee the jurisdiction of the court,” Marein said.
He further said Cox has maintained her Troy Township address and is the natural mother of four children and step-mother of three others.
“She’s 42 years of age, has no criminal record. She had been charged some time in the last year or so with domestic violence, that has since been (dismissed),” Marein said, adding she has never been a convicted felon or misdemeanant.
Marein also said Cox voluntarily would surrender her driver’s license and noted her passport is expired.
“I would respectfully ask the court to consider a personal recognizance bond with conditions on reporting. No matter what those conditions are she’ll not fail those conditions,” Marein told the court.
Joyce indicated for the record that Cox was convicted in Lakewood Municipal Court in 1999 for a hit-and-skip accident.
Mitrovich agreed to place a personal recognizance bond and ordered Cox to report weekly. He also ordered her to surrender her passport and driver’s license.
Cox struck and killed Judge Henry as he rode his bicycle on Rapids Road in Troy Township the evening of May 23, apparently on his way home as a heavy thunderstorm threatened the area. He was scheduled to pick his mother up at the airport later that evening.
According to county officials, Henry’s wife, Linda, was concerned when he didn’t arrive home as the storm hit. She went looking for him and saw the emergency vehicles at the scene.
The judge was pronounced dead at the scene.
There were two passengers, both minors, in Cox’s car at the time of the crash. Cox left the scene of the accident and went home, according to law enforcement officials, although she returned to the scene sometime later that evening.
The Ohio State Highway Patrol previously determined “without a doubt” none of Henry’s actions contributed to the accident.
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Devastating! Take Responsibility! : 8/19/2011
For all of us who knew Judge Henry, it is a horrible loss to family, friends and community. He is sorely missed. My prayer is that Kelly will take responsibility and get into treatment for mental health and alcohol and drug so she might be able to leave the world a better place as Judge Henry did. The first step is honesty ... take responsibility!
A community worker
Unbelievable : 8/17/2011
Natural mother of four...all she did was give birth...her oldest moved out and married at 18 to get away from the abusive environment and she recently signed custody for her second child to friends (which is a blessing). She is a piece of trash...driving minors with a blood alcohol level of .284 is a CRIME. She needs to be PUNISHED. Then we have the death of Judge Henry - my heart goes out to his family. I hope she rots in prison where she belongs.
Wondering why she wasn't taken into custody now...
I am responsible for what I did! Own up to it! : 8/17/2011
A tragic loss, for the Henry family, the community and for the Cox family! The fact is that no one wins in a situation like this. Justice will be served, however the court decides, but Judge "Chip" Henry will be gone forever. His legacy will live on forever. Nothing can change what has happened, so everyone needs to pray for all that are involved.
A friend
Take responibility for your actions!! : 8/17/2011
Unbelievable that the person accussed of this crime pleads not guilty on all charges! A good man was killed and I can see the mommy card coming out as a way to skip harsh punishment. How sad. Take your medicine and save the tax payers a fortune.
Rich
