Son found guilty of assault

Jury does not find evidence of attempted murder

Wednesday, April 1, 2009

A Calvert man accused of beating and strangling his mother was found not guilty on attempted murder charges but instead convicted of assault charges by a jury Thursday afternoon.

Geary A. Cox, 57, of Chesapeake Beach, was indicted with first- and second-degree attempted murder and first- and second-degree assault for beating and strangling his mother, Virginia Cox, 81, on June 11, 2008, at their home in Chesapeake Beach.

The 12-person jury in the Calvert County Circuit Court trial deliberated late last Wednesday until 9:30 p.m. and then continued again Thursday, announcing the verdict at about 4:30 p.m. of not guilty of first- and second-degree attempted murder and guilty on first- and second-degree assault.

Prior to the jury's deliberations, Judge Marjorie Clagett, who presided over the case, read the jury the specifications required to order to convict the defendant on each of the four charges.

The jury did not find sufficient evidence to convict Cox on attempted murder charges, which require evidence to prove beyond a reasonable doubt that he deliberately intended to kill Virginia Cox. The first-degree attempted murder charge also required premeditation with the intent to kill for a guilty verdict.

Without suggesting that Geary Cox caused his mother's injuries, Defense Attorney Rex Fuller III of Chesapeake Beach addressed intent at the trial when speaking of Geary Cox's strength and size, at more than 200 pounds, contrasted by the fragility of his mother, who was presumed to be about 100 pounds.

Assistant State's Attorney Kathryn Marsh said in closing arguments that it took time for Cox to injure his mother on so many areas of her body, and that the amount of time constituted premeditation. However, the jury did not find enough evidence of premeditation. The jury also did not find intent to kill, which Marsh addressed with testimony from health professionals and medical records of examinations of Virginia Cox that showed her injuries were considered life threatening.

The jury did find Geary Cox guilty of first-degree assault, which states the defendant "caused serious physical injury" and creates a substantial risk of death or causes permanent disfigurement or loss or impairment of any function of the body. First-degree assault holds a maximum 25-year sentence, according to Maryland law.

The lesser charge of second-degree assault, of which Cox was also found guilty, must find that the defendant caused physical injury, and it holds a 10-year maximum sentence.

Fuller questioned the prosecution's witnesses in cross examination, laying out other possible people who could have assaulted Virginia Cox. Fuller also gave reference to Virginia Cox's fragile state, saying she could have caused these injures herself by falling.

State's evidence included photographs taken of Virginia Cox at the hospital on June 12 that depicted facial bruising, hemorrhaging of her eyes, lacerations on her arm and around her mouth and bruising on her chest and back. Evidence also included Virginia Cox's statements on June 12, 2008, that her son had caused her injuries, and testimony taken by brother Mark Cox that day, which Geary Cox assaulted their mother.

Fuller refuted the photographs, saying they did not show how the injuries happened or who, if someone, caused them, and family members did not recall many of their statements to police when they were on the stand during the trial.

When Geary Cox took the stand, Fuller asked him about his criminal record and Cox admitted he had been convicted a few times with possession of marijuana saying it was for personal use. He also told the court he had been convicted of DUI one or two times, and had a count of destruction of property on his record.

Cox is scheduled to be sentenced June 1 at 1 p.m. in the circuit court, according to judicial records.

charvat@somdnews.com