Accused killer of 3-year-old boy goes on trial this week for murder
LAFAYETTE, Ind. — Jermaine Garnes' murder trial in October didn't make it past the first day because his attorney's opening statement tried to blame Garnes' girlfriend, Crystal Cox, for 3-year-old Zeus Cox's July 5, 2021, death.
The allegation that Cox, not Garnes, killed Zeus resulted in a mistrial.
Tuesday marks the start of Garnes' new trial for murder, neglect of a dependent resulting in death, aggravated battery, and battery resulting in death to a person younger than 14. Opening statements and evidence are expected to begin about 8:30 a.m. Tuesday in Tippecanoe Superior 1.
During his opening statements in October, one of Garnes' attorneys, Dan Young said, "… (I)t is not in dispute that Crystal Cox was convicted of murdering Zeus Cox.
"What is in dispute and cannot be proven by the state is that Jermaine Garnes knowingly or intentionally engaged in voluntary conduct to kill Zeus or neglect him in resulting in his death," Young said to jurors in opening statements.
"Did something terrible happen?" Young asked.
"Yes," he said, answering his rhetorical question. "But that terrible thing happened, and a trial proved that it happened at the hands of Crystal Cox."
Cox was convicted in May of murder, neglect of a dependent resulting in death, battery resulting in death of a person younger than 14 and battery resulting in death. But her convictions are for being an accomplice in Zeus' death, which was reported July 5, 2021.
Evidence in Cox's trial indicated that Garnes punched the non-verbal 3-year-old boy so hard that it ruptured Zeus' intestines in four places, broke Zeus' ribs and rupturing his kidneys.
Additionally, Zeus had bruises and cuts from head to toe, forensic pathologist Dr. Darin Wolfe testified during Cox's trial and again in October before Judge Randy Williams ruled on prosecutors' motion for a mistrial.
After the mistrial, Garnes' attorneys filed for the charges to be dismissed, claiming that since the jury was empaneled at the time of the mistrial, retrying Garnes would violate his protection from double jeopardy.
Williams denied the motion to dismiss the charges in November. Later in November, Williams denied a Garnes' request to appeal Williams' earlier decision while the case moves forward.
Jury selection for Garnes' trial began Monday afternoon.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Accused killer of 3-year-old boy goes on trial this week for murder
