Man who hit, killed Cobb teenager convicted of 2 misdemeanors

On Friday, Cox was found guilty of second-degree vehicular homicide, a misdemeanor, rather than a first-degree charge, and failure to exercise due care to a pedestrian. He was then sentenced to the maximum 12 months and will receive credit for the time he has served since his arrest the night of the crash on Dec. 8, 2023. Cox was not granted first-offender status.

The jury deliberated for about six hours Thursday and about four hours Friday, trying to decide if Cox was responsible for killing the Harrison High School senior in December 2023. He had been indicted on charges including first-degree homicide by vehicle, serious injury by vehicle, driving under the influence of alcohol, failure to exercise due care to a pedestrian, failure to yield, open container and obstruction. The obstruction charge was later dropped.

Pugh’s family listened to the verdict with tears. Cox’s family had tears of relief.

“This is not justice. This is not good people doing the right thing,” Randy Pugh, Olivia’s father, said during his impact statement. “This is not truth-seeking. The defense were not truth-seekers. They were not.”

Tara Pugh told the court she has cried every day since her daughter’s death. Olivia would have turned 18 in February and graduated high school in May.

“This wasn’t an accident, this was a choice,” she said.

Around 8:30 p.m. Thursday, the jurors told the court they had reached an “impasse” and were unable to agree on their verdicts. Judge Kimberly Childs sent the jury home and told them to return Friday morning.

The trial began Nov. 18, but it was paused during the week of Thanksgiving before resuming this week.

On Dec. 8 of last year, Cox was driving a 2017 GMC Acadia eastbound on Ben King Road near Kennesaw and was approaching a crosswalk, according to police. That’s when a group of teenagers, including Olivia, was attempting to walk across the road at a designated crosswalk, police said.

Olivia was hit by the SUV, causing a traumatic brain injury, according to investigators and medical professionals who testified during the trial. She never regained consciousness.

She was president of the Beta Club, a member of the National Honor Society and Science Honor Society, and played softball, flag football, basketball and ran track, her family said. She also worked at Chick-fil-A.

After her death, the family created a scholarship in Olivia’s honor. Five of her classmates received awards earlier this year.

Cox’s defense attorney, Kim Frye, said during closing arguments that Olivia darted into the road and was not paying attention. Frye told the jurors Cox was not impaired. She said the teenagers were making a TikTok video at the time of the crash.

“The fact that he could not see Olivia Pugh was not because he was drunk,” Frye said. “She wasn’t supposed to be there.”

At the scene, Cox admitted he had been drinking but refused to give a breath sample, his arrest warrant states. After officers obtained a search warrant, Cox was accused of refusing to allow his blood to be drawn.

Prosecutors contended that Cox had consumed more than three beers while visiting friends’ homes and Twin Peaks near Kennesaw. Assistant District Attorney Nolan Slifko told jurors that witness statements indicated that Cox had the equivalent of eight beers the night of the crash.

“Eight drinks and he was the designated driver,” Slifko said.

Body camera footage from an officer at the scene was shown for jurors, showing Cox and his wife the moments after the crash. The Pugh parents said during their impact statements that Cox showed no remorse or guilt.

After the verdict, Frye said the jurors worked diligently to follow the law.

“The emotions are going to and will run deep for this forever, as they should,” she said outside the courtroom. “It is absolutely tragic.”