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Driver's guilty plea give judge's family closure
(by Joan Demirjian - January 25, 2012)
Driver's guilty plea give judge's family closure
By JOAN DEMIRJIAN
Troy Township resident Kelly Cox pleaded guilty Monday in Geauga County Common Pleas Court in the death of Geauga County Juvenile and Probate Court Judge Charles "Chip" Henry.
In the incident May 23 on Rapids Road in Troy, Mr. Henry, 54, of Auburn, was riding his bike northbound at about 7:30 p.m. and was struck and killed by Ms. Cox's car.
She pleaded guilty to aggravated vehicular homicide, driving under the influence of alcohol, failure to stop after an accident, reckless operation of a vehicle and two counts of endangering children.
She had two children in the car at the time of the accident and was returning from her son's baseball game, according to investigators.
The Geauga County Prosecutor's Office said testing showed that Ms. Cox had three times the legal driving limit for blood-alcohol content. She told investigators she thought she had hit a deer and drove home then returned to the scene shortly afterward.
With the guilty plea Monday, a jury trial was canceled. Ms. Cox faces up to 9 1/2 years in jail. Sentencing is expected in February, according to Geauga County Prosecutor David Joyce, and she remains free on personal recognizance bond until that time.
Her guilty plea is the beginning of closure for the Henry family.
Dodie Lee, Mr. Henry's sister, said, "Nothing will bring Chip back, but having Ms. Cox finally take some personal responsibility for her actions is all we can ask for at this time.
"We appreciate the fact that she did not force us into a trial that would have been painful for everyone involved," Mrs. Lee said.
"Prosecutor David Joyce and Assistant Prosecutor Nick Burling have been wonderful throughout this very hard experience," she said. "Dave initially told us that he hoped to have the case wrapped up within six months of Cox's indictment, and he has followed through on that promise," she said.
"Chip would have wanted the criminal justice system to treat Kelly Cox like it would anyone else, no better, no worse," Mrs. Lee said. "Two families have been devastated and will never be the same again," she said.
"If Ms. Cox receives the maximum sentence that she can receive, she will be 50 years old when she is released from prison, which is four years younger then Chip was when he died at age 54," Mrs. Lee said. "She will still have a lot of life to live. I can only hope that she uses this time and a second chance to make changes in her life."
Mr. Joyce said there was nothing that could have brought Mr. Henry back. "But, hopefully, it brought closure for the Henry family," he said.
Ms. Cox apologized to the family prior to the plea being taken.
"It was an emotional event on everyone's part," Mr. Joyce said.
With the aggravated vehicular homicide charge, Ms. Cox cannot get out early on her sentencing, he said.
Mr. Burling said everyone was concerned with holding her responsible for her actions and in making sure the Henry family could find some closure. "From our perspective, we had a strong case," he said.
Mr. Henry was raised in Bainbridge and was a graduate of Kenston High School, Miami University and Cleveland State University's John Marshall Law School. He served as a Geauga County assistant prosecutor in 1987 and 1988 and in the Geauga County Public Defender's Office.
Mr. Henry was appointed juvenile and probate court judge in 1993 by former Ohio Gov. George Voinovich. His father, Gene Henry, was a Geauga County prosecutor.
The Geauga Park District and a steering committee formed the Chip Henry Institute for Outdoor Adventure. Its mission is to nurture youth through outdoor adventure in Geauga County. It honors Judge Henry's life and dedication to the well-being of children, and it reflects his love for the outdoors, according to the committee.
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