By GINA KINSLOW
TOMPKINSVILLE — A Monroe County man was scheduled to stand trial Tuesday in a manslaughter case, but decided to plead guilty instead.
Daniel Clay Cox, 50, of 319 K. Goad Road, Gamaliel, pleaded guilty to charges of second-degree manslaughter and second-degree assault in Monroe Circuit Court. A 10-year sentence was approved for each charge to run concurrently was recommended by the commonwealth, however, the sentence was probated for five years and the defendant’s right to operate a motor vehicle of any type was suspended, according to Monroe Circuit Court records. Because Cox’s case was probated for five years, he will not serve any jail time. He has served more than a year in custody, some of which was served while he was home incarcerated.
Cox was indicted by a Monroe County grand jury in June 2008 for second-degree assault and second-degree manslaughter when his car crossed the centerline of the road and struck a vehicle driven by Wendell Creek head-on in April 2008. Wendell Creek died from injuries sustained in the wreck. His wife, Joan, also sustained serious physical injury from the wreck, according to the indictment.
“Daniel was very happy with the plea bargain. It provides for his sentence to be probated. We felt like it was fair to both sides as part of his plea bargain. He agrees not to drive anymore,” said Greg Berry, a public defender who represented Cox.
Cox suffers from a staph infection in his leg and cannot operate a motor vehicle at this time, he said.
The commonwealth also felt Cox’s decision to change his plea was the right thing to do.
“Obviously, I feel it was appropriate under the circumstances and was done with the consent of the victims in the case,” said Clay Hundley Jr., assistant commonwealth’s attorney for Monroe, Cumberland and Clinton counties. “They had always maintained they weren’t vindictive against Mr. Cox. The main thing they wanted was to keep him off the road in the future.”
Hundley added he felt the commonwealth was successful in granting the victims’ wishes.
“If he violates the law in any respect there will be hearing and if the judge decides it is a severe enough violation and his probation would be revoked,” Hundley said.
The Court directed that a presentence investigation report be prepared and submitted by Sept. 16, with final sentencing also scheduled for Sept. 16.
