By Daily Mail (U.S.) | Created at 2024-12-07 16:33:44 | Updated at 2024-12-23 14:52:43
2 weeks ago
The family of a teenage girl who was killed in a crosswalk have been left furious after the driver escaped a DUI charge - despite a damning jailhouse recording with his wife.
Jerome 'Jerry' Cox, 69, was convicted of vehicular homicide on Friday for the December 2023 death of Harrison High School student, Olivia Pugh, 16.
Pugh, an honors student, was stuck and killed while crossing Ben King Road in Kennesaw, near Atlanta by Cox, who police said was under the influence. She died two days later at Wellstar Kennestone Hospital on December 10, 2023.
She and her friends had been enjoying a night seeing the Christmas light exhibit nearby.
However, a jury found Cox not guilty of the being under the influence of alcohol and not guilty of failure to yield to a pedestrian in a crosswalk and open container, according to 11 Alive.
The 69-year-old evaded the charge despite jurors having heard a jailhouse recording between Cox and his wife, where they discussed how much they drank.
'Well, I told him we had two beers at home. I told him that,' his wife said over the phone.
'Just leave out the stop [to the sports bar],' he replied.
Jerome 'Jerry' Cox, 69, was convicted of vehicular homicide on Friday for the December 2023 death of Harrison High School student, Olivia Pugh, 16
Pugh, an honors student, was stuck and killed while crossing Ben King Road in Kennesaw, near Atlanta by Cox, who police said was under the influence. She died two days later at Wellstar Kennestone Hospital on December 10, 2023
'So, you left that out too?'
'I left it out. I just said I had one beer at home and that's all I did have,' he said.
Prosecutors accused Cox of trying to conceal that they had gone out to a bar prior to the deadly accident, according to WSBTV.
The night of his arrest, Cox refused a sobriety and BAC test, telling the officer: 'I don't think it's fair. I didn't cause this ... we're all innocent until proven guilty, right?'
The officer testified: 'It didn’t appear that he was acting the way he should be acting, considering a person was hit, he didn’t seem to be concerned.'
Cox was only sentenced to a mere 12 months in confinement with credit for time served.
He was found guilty of second-degree vehicular homicide and failure to exercise due care.
Cox was found not guilty of of the being under the influence of alcohol after the jury heard a jailhouse recording of him and his wife discussing how much they drank
'Her smile was contagious, even if the smile was for a selfie. She was kind, loving, giggling, and determined, hard-working, and full of life,' the GoFundMe read
Since the tragedy there has been a drive to improve local safety initiatives, including changing the traffic patterns near the Lights of Joy Christmas, where the victim struck.
Pugh's family said they are happy the 'horrific nightmare' has 'finally ended.'
'And then the reality is that this is my new life, a life that I have been forced to now live,' her mother, Tara Pugh, said.
Pugh played softball, flag football, basket, and ran track while also being apart of the National Honors Society, President of the Beta Club, member of the Science Honor Society, Key Club, Spark, and more.
She also worked at Chick-fil-a.
Pugh also showed her love through nicknaming her loved ones, including her car, who she named Sasha, according to the GoFundMe.
'Her smile was contagious, even if the smile was for a selfie. She was kind, loving, giggling, and determined, hard-working, and full of life,' the fundraiser read.
The fundraiser, which will go toward a scholarship in her name, has raised more than $73,000.
