Lawyer: 2nd of 4 suspects in Warren County murder case wasn’t there

Credit: DaytonDailyNews

For the second time in two days, an area teen charged with murder and robbery in the case stemming from a shooting last Friday in Warren County indicated he wasn’t at the crime scene.

Bond was set at $1 million on Thursday for Dakota J. Cox, 18, of Washington Twp., Montgomery County, the eldest of four teens charged in the case.

Lebanon Municipal Court Magistrate Martin Hubbell said Cox would have to wear a GPS monitor and be on house arrest if he was able to post the bond in cash or surety.

Neither Cox nor any of three juveniles charged in the case are suspected of firing the shots that killed another teen with them last Friday during a shooting on Oregonia Road, east of Lebanon.

The shooter has not been identified, but deputies have declined to charge him, saying he was the target of a planned robbery and kidnapping.

During Cox’s hearing, an individual identified only as D.B. was among those listed that Cox is prohibited from contacting while the case is pending. The others on the list were the co-defendants and the alleged victim’s family.

RELATED: 4 teens charged in Oregonia Road shooting

Cox and the juveniles — Kayla J. Carmack, 17; Logan M. Dean, 16; and Jacob W. Hicks, 16 — all could face life in prison if convicted of murder in adult court. Prosecutors want the juveniles transferred to adult court.

Deputies allege those four, plus 18-year-old Mason Trudics, planned to lure another person on Dec. 13 to Carmack’s Turtlecreek Twp. home, where they planned a robbery and kidnapping.

When the target arrived, “he was met with a baseball bat and a firearm,” deputies said, and “he reportedly defended himself … and gunfire erupted.”

Trudics was killed and Dean wounded in gunfire, according to authorities. Carmack’s mother called 911 to report a wounded Dean begging her for help with Trudics.

During Thursday’s hearing, Christian Cavalier of the Rion, Rion & Rion law firm represented Cox, who appeared via a video link with the courtroom, at the hearing.

In making his case for a lower bond, Cavalier indicated Cox was not there when the shooting occurred.

On Wednesday in Warren County Juvenile Court, Hicks’ lawyer made the same argument in trying to convince the judge to release the 16-year-old for the holidays.

RELATED: Original report

Cavalier also urged Hubbell to release Cox in recognition of his supportive family. A large contingent attended the hearing and talked with the lawyer afterward.

In arguing for a lower bond, Cavalier also pointed out Cox had a job at Soft Touch Car Wash on Whipp Road, where he was arrested this week, according to Montgomery County sheriff’s deputies.

Hubbell ordered Cox to remain in jail, unless he was able to post the bond, pending a Dec. 26 hearing. He remained in the jail after Thursday’s hearing.

Before the next hearing, Cox could be indicted by a Warren County Grand Jury.

MORE: Dayton massage parlor manager accused of running brothel

Regardless, like Carmack and Hicks, he is expected to remain in the jail through the holidays.

Carmack and Hicks are scheduled to return to the juvenile court on Jan. 13 for a hearing on whether their cases should be transferred to Warren County Common Pleas Court for grand jury review and adult prosecution.

There was still no indication when Dean would appear in court. On Thursday, he was listed in serious condition at Miami Valley Hospital.

If convicted as adults, the four teens could face 15 years to life in prison.

Visitation for Trudics is scheduled for 4 p.m.-7 p.m. Friday at the Tobias Funeral Home Far Hills Chapel, 5741 Far Hills Dr. in Washington Twp.

About the Author