A Joppa man accused of killing his alleged drug dealer was found guilty of second-degree murder and first-degree assault Friday morning.
A jury issued the verdict against 34-year-old Donald Ray Cox Jr., at about 11:30 a.m.
A sentence is scheduled for Oct. 28.
The case came down to the question of murder or self-defense, Assistant State's Attorney Vernon Gentile said. The state said it was murder, the defense claimed self-defense.
"Obviously, the jury rejected that argument by the defense," he said.
After three and a half days of testimony before Harford County Circuit Court Judge Angela Eaves, the case went to the jury Thursday evening.
"I kind of thought it would end up as a manslaughter conviction. I am very pleasantly surprised," Gentile said after the verdict. "I guess it was a little unexpected."
Cox Jr., of the 400 block of Tanglewood Court in Joppa , testified Thursday morning in court he was trapped in his vehicle and in self defense, retaliated against his passenger, his drug supplier, James Roderick Adams, with the only thing he had — his head — without being injured. Gentile said the story was a fabrication and in order to find Cox not guilty, the jury would have to believe it, leaving the jury to answer the question: was this murder or self defense?
Cox is charged with second-degree murder, first-degree assault and openly carrying a dangerous weapon with intent to injure in connection with Mr. Adams' murder.
During his testimony Thursday morning, Cox said he and his wife both admitted to abusing cocaine and Cox said in September of last year Mr. Adams, who he knew only as "B," was his only supplier.
He said he met Mr. Adams three times on the day of the assault, first around noon, later in the afternoon when Mr. Adams allegedly gave him drugs in advance of money then a third time in the evening.
Cox said Mr. Adams called late that night demanding the $150 owed for the drugs purchased earlier in the day. Although he had no more than $5, Cox said he went to meet Mr. Adams because he was afraid Mr. Adams may come to his home and harm his family.
Cox said a strap was holding the driver's side door closed because a latch was broken, which evidence photos displayed, and said when the two of them began driving around the area, Mr. Adams became increasingly aggressive.
He talked about being stopped by an officer for running a red light and said shortly after, Mr. Adams hit him in the face so Cox hit back.
Cox said the blow angered Mr. Adams and while Cox continued to drive, Mr. Adams hit him and grabbed him around his middle then his neck. Cox said he used the only thing he had, his head, to defend himself, head-butting Mr. Adams about 10 times. Cox said after each blow Mr. Adams continued the attack, not backing off.
Finally, Cox testified, Mr. Adams fumbled with the door then fell backward out of the car.
He said he did not go back to check on him and continued home, then got the bat for fear of retaliation.
During his closing argument, Gentile outlined witness testimony, starting with the victim's wife, the people who found Mr. Adams bleeding on the side of the road near Haverhill and Joppa Farm roads in Joppa on the night of Sept. 22 and first responding officers.
Deputy Warren Brooks was among the first to the scene and recognized Mr. Adams as the passenger in the pickup truck he had stopped earlier that night.
At Cox's home, police found Cox wearing denim shorts covered in blood and in the bedroom, found a bat, sock and blood-contaminated washcloth within a foot of each other, Gentile said.
When questioned by a detective that night, Cox said he agreed to give Mr. Adams, whom he called "B," a ride to meet a woman near Route 543 then take him to the Rite Aid Distribution Center. Cox told police at the time that the two began to argue near Haverhill Road when "B" offered to pay him with cocaine instead of $40 as agreed.
Cox told police "B" hit him in the face and Cox hit back more than once with his fist and head butted him more than once.
"He bit off more than he could chew and I knew he wouldn't be fighting any more," Cox told police during the initial interview.
Gentile said Cox changed his story to fit the situation and his testimony could not be trusted.
"That's a very different story than he told today," Gentile said.
To further demonstrate his unreliability, he recounted Cox's convictions for drug distribution, burglary and theft.
Gentile also pointed out inconsistencies in testimony from Cox, his wife and his father, who all gave different accounts for where the bat was that night.
Gentile also said the strap used to secure the door was not attached in police photographs of the truck and the door remained in place. He questioned how difficult securing the door actually is.
Finally, Gentile pointed out Cox's lack of injury when compared to Mr. Adams. Mr. Adams went into a coma as a result of his injuries and died 16 days later from brain injuries. Photos taken at the hospital show Mr. Adams' face was swollen and covered in blood. Gentile postulated that had someone used their face to inflict that kind of damage, that person would in turn sustain injuries.
"And yet there's not a mark on him," Gentile said of Cox.
Four officers testified to seeing Cox in person that night and said he had no scratches or marks on his face, legs, arms or hands and an intake photo from the detention center also displayed Cox's unblemished face.
"I don't see how common sense allows us to believe that's how this happened," Gentile said of Cox's version of events.
He later concluded that the jury would determine Cox's version was "an outright lie" and find Cox guilty.
"Something else other than his head caused those injuries," Gentile said.
Cox's lawyer, David Henninger, put on gloves, as detectives did during testimony, as he addressed the jury.
"This bat has nothing to do with this case," Henninger said.
A forensic expert testified Wednesday that no blood was detected on the bat. Henninger said the gloves and treatment of the bat were all showmanship.
"Everybody knows there's no blood on it," Henninger said, punctuating his comment with a kiss to the bat's surface.
Henninger said Brooks testified he saw no bat inside the car, there was no blood on the car and no one testified the bat ever left the house that night.
"The bat's lying in the bedroom and for a good reason," Henninger said.
He recounted Cox's testimony that the bat was there in case Cox had to defend himself later that night.
"The state hasn't proven anything," Henninger said.
He went on to say the only thing proven is that Mr. Adams had significant injuries and Cox did not. Henninger said his client who is about 5 feet, 4 inches tall, was nothing when compared to the size of Mr. Adams, who was 5 feet, 10 inches tall, and about 235 pounds at the time of death.
Henninger said Brooks recalled Mr. Adams cursing at Cox about his speed during the traffic stop, a comment that demonstrates Mr. Adams as the aggressor.
"Don is stuck," Henninger said.
Henninger told the jury he doesn't care if the jury believes Cox because the evidence tells the exact story Cox told.
Henninger pointed to blood drops on the driver's side door, Cox's pants, the steering wheel and gear shift. He said the downward drops, the blood on the back of the driver's side seat and Mr. Adams' aspirated blood on the driver's side door all corroborate the account Cox gave, that Mr. Adams tried to climb behind him to choke and squeeze him and continued to attack although he was bleeding.
Henninger said the facial injuries are all in soft areas of the face such as the eyes and nose. The major injuries would have happened when Mr. Adams fell out of the moving vehicle, Henninger said.
"There may not be any blood on the bat, but there's blood on the road," Henninger said.
He suggested scratches on Mr. Adams' wrist watch, abrasions to elbow and side and absence of defensive arm wounds all demonstrate the same series of events.
"If you look at the evidence in the case, he shouldn't be here," Henninger said, concluding, "If ever there was a case of self defense, this is it."