Cox sentenced to 20 years for beating mother

Wednesday, June 10, 2009

The Calvert County Circuit Court trial charged Cox with attempted murder charges as well, but a jury found Cox guilty on March 26 of first- and second-degree assault in the beating of his 80-year-old mother, Virginia Cox, which left her with several fractures, including in her neck, and bruises over her face.

After arguing the sentencing guidelines prior to sentencing, Cox's lawyer, Rex Fuller III of Chesapeake Beach, asked Clagett to "release him from incarceration now" stating that the family needs him to take care of his parents and provided several witnesses who testified he is "trustworthy" and that he should not receive any jail time.

"He is a generous friend, brother," Fuller said and asked the court to "give him credit for his selfless sacrifices" after his brother and sister testified that Cox took care of their parents and their home.

Cox stated in his presentence investigation report that he did not want parole or probation and Clagett agreed, stating he "was not a good candidate" before sentencing him to the maximum guideline.

"The medical testimony at the trial was sobering," Clagett said of the testimony of Virginia Cox's injuries.

Assistant State's Attorney Kathryn Marsh argued that the guidelines should be from 12 to 20 years, higher than Fuller's calculations, stating that Virginia's Cox's injuries were permanent, as stated in the presentence investigation report. Clagett agreed.

Marsh also mentioned Cox's three probation violations and his "29-year criminal history" and asked the court to show the people that "you cannot beat an 80-year-old woman without consequences."

Marsh reviewed the severity of Virginia Cox's injuries and medical records that showed Mrs. Cox was competent and knew what she was saying when she told police that her son caused the injuries. Virginia Cox's mental capacity was the main reason that Fuller motioned for a new trial, saying her testimony was the sole evidence that connected his client to the injuries and she said at the trial that she did not remember the statements she made to Calvert County Sheriff's Office Det. Vladimir Bortchevsky that implicated her son.

Marsh reminded the court that family members who testified during the trial "could not remember" or "had some confusion" about what happened the day Virginia Cox was found beaten and lying on her floor.

Her son, Mark Cox, who found her, couldn't remember calling 911 or filling out protective orders against his brother Geary Cox, she said.

"So he had cognitive memory problems. So did every single family member who testified in court," Marsh said.

Marsh also brought up the evidence from the trial that family members threatened Virginia Cox and warned her not to testify against her son, and Marsh said that is why she did not want to recall her statements while on the stand.

Clagett said the court found Virginia Cox of sound mind before the trial, adding that she watched Mrs. Cox as she listened to a tape of her testimony in her judge's chambers and Cox "nodded her head that she was in agreement with what she was saying" on the tape.

charvat@somdnews.com