KENNESAW, Ga. — Testimony continues for a man accused of driving drunk and killing a teenager in Kennesaw.
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Jerome Cox, 68, faces seven charges connected to the death of 17-year-old Olivia Pugh on Dec. 8, 2023 on Ben King Road.
On Tuesday, jurors heard jail recordings between Cox and his wife about how much they drank.
When discussing the events from that night, Cox could be heard telling his wife to leave the part out about making a stop at a sports bar.
The lead investigator told prosecutors the recording reveals Cox tried to conceal stopping at a sports bar.
Dramatic moments unfolded in court, including Cobb County Superior Court Judge Kimberly Childs telling a prosecutor the State’s work was sloppy, in relation to a discovery violation.
At one point, there were even requests for a mistrial.
Cox’s defense team argued there were inconsistencies between the lead investigators’ testimony and the work he did at the crash scene.
Judge Childs asked jurors to stay in court until 8:00 p.m.
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On Monday jurors saw body camera video recorded the night of December 8, 2023.
Cox is seen on Cobb County Ofc. Matthew Brown’s body camera, refusing a sobriety test.
He told Ofc. Brown, “I don’t think it’s fair. I didn’t cause this and I shouldn’t and we’re all innocent until proven guilty right,” Cox said.
Brown testified Cox’s behavior seemed unusual for the circumstances.
“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,” Brown said.
Cox’s defense attorney argued that while Cox’s behavior may have seemed unusual it doesn’t mean guilt.
Jurors also heard from those who were with Pugh when the SUV hit her and police investigators who responded to the crash.
Prosecutors told jurors Pugh was with a group of friends that evening at the Joy of Lights, which is a walk-through holiday decoration display in a neighborhood near where the crash happened.
A man named Charles Herbough took the stand Friday. He told jurors he and his family were leaving the light show, crossing near Ben King Road, and he heard what sounded like a car crash behind them.
“We crossed, and right after we crossed, I heard an impact that sounded to be like a car accident,” said Herbough.
Just before that, he noticed a separate group of girls walking behind his family.
“The only thing I could think of was the girls that had been behind us,” said Herbough. “Then, I heard the girls on the other side screaming, ‘She’s been hit! She’s been hit!’”
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Prosecutors said Cox was the driver and argued he was drunk. They told jurors he refused a breath or blood test but said he smelled like it.
“They were coming from a Christmas party,” said Cobb County Assistant District Attorney Nolan Slifko.
Defense attorney Kyle Denslow pushed back against the criminal charges Friday. While questioning a sergeant from the Cobb County Police Department, Denslow suggested Pugh was not in the crosswalk and it was dark.
“Based on your experience, your assessment of the scene, do you believe that Jerome Cox could see a pedestrian in the roadway that night,” asked Denslow.
“Probably not,” the sergeant answered.
The crash threw Pugh upon impact. Herbough described finding her shoes and socks before her. She died in the hospital two days later.
Prosecutors are working to convince the jury Cox is guilty of seven crimes beyond a reasonable doubt.
Those charges include homicide by vehicle, serious injury by vehicle, driving under the influence, open container, failure to yield, use of care to avoid collision with a pedestrian and obstruction of a police officer.
According to court documents, the homicide, failure to yield, and injury charges are related to Pugh’s death. The open container, DUI and use of care charges stem from drinking accusations. The obstruction charge is related to the breath and blood test refusal.
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