Man accused of Ox Bow Park shooting gets additional charge

Dec. 22—GOSHEN — The man accused of shooting a woman in the head at Ox Bow Park Nov. 21 is now facing a robbery charge in addition to attempted murder.

John Brandon Cox, 35, appeared in Elkhart County Circuit Court Thursday for an initial hearing. During the hearing, it was noted that while Cox had originally been charged with one count of attempted murder, a Level 1 felony, the prosecution has since filed an amended charging information against him which adds a second count of robbery resulting in serious bodily injury, a Level 2 felony.

Back on Dec. 8, a preliminary plea of not guilty was entered on Cox's behalf by Elkhart County Circuit Court Judge Michael Christofeno, and the public defender's office was appointed to represent him in the case.

A trial status conference was then set for May 11, and his jury trial was scheduled for June 5. Those dates were confirmed during Thursday's hearing.

According to court records, a witness indicated he heard a single gunshot in the area of Ox Bow Park the afternoon of Nov. 21. He then observed a dark SUV slowing driving erratically in the area with the driver's head slumped back before he heard squealing tires and the SUV came to a stop.

The witness stated that a man exited the front passenger side of the SUV and angrily walked toward the driver's side, then threw the female driver to the ground before getting in the driver's seat and leaving, running over the female's arm in the process.

Surveillance footage from the staff at Ox Bow Park shows a gray Chevrolet Equinox entering the park at around 2:19 p.m. with a female driver and an individual in the front passenger seat, with plates that can be attributed to the victim.

The victim, who remains unnamed, was interviewed by officers at the hospital, the records note. There, she told officers that she and Cox had recently met for the first time in person after getting to know each other via Facebook. The victim also told officers that Cox's legal name was "Taylor," although he goes by "Brandon" or "John" as well.

The victim told police that prior to the shooting, the two of them had driven to Ox Bow Park where they got into an argument. During the argument, Cox produced a handgun and placed it against her head, calling her an epithet before shooting her in the head, pulling her from the car, and stealing her vehicle. That vehicle theft is the basis for the Level 2 felony robbery charge announced Thursday.

The victim was presented with a six-person lineup later in the day and identified Cox as the person who shot her in the head, the records note. The victim also advised that she and Cox had stolen a guitar and sold it to Worldwide Pawn in Elkhart earlier in the day. The pawn shop confirmed the sale and the presence of both individuals at 1:32 p.m. on the day of the shooting.

Prior to Cox's arrest, police contacted OnStar in an attempt to find the stolen vehicle, which was eventually located travelling south in Salem, Illinois. Authorities in Salem detained the driver, who identified himself as Cox, and police observed what appeared to be blood inside the vehicle and the driver advised that there was also a gun in the vehicle.

Cox is currently incarcerated at the Elkhart County jail with a $5 million bond.

JORDON NORTON

Also Thursday, a Goshen murder suspect awaiting a retrial appeared in Elkhart County Circuit Court for a trial status conference.

Jordon Norton, 31, was accused of shooting and killing David Artley, 43, and injuring Kali Smith Aug. 23, 2020, at Hardy's Bar, 610 S. Main St., Elkhart.

Norton was found guilty by a jury in June of battery with a deadly weapon and criminal recklessness for injuries caused to Smith and is still awaiting a retrial for the accusation of the murder of Artley. In September, the court discovered that they'd have to wait even longer for the case to get to trial because Norton was being held in federal custody in St. Joseph County.

The hold was caused by a probation violation for a firearms judgment dating back to 2018, to which Norton had pleaded guilty. Norton was sentenced July 23, 2019, but the case was reopened on a probation violation Aug. 27, 2020, following the release of the probable cause affidavit for the 2020 shooting and subsequent death of Artley.

The murder charge was originally scheduled for retrial Jan. 23, but that date was later called into question after Cox's attorney requested to withdraw from the case. Attorney Kathie Perry had announced to the court her intentions to withdraw back in September but had been unable to inform Norton, as he was in federal custody. Perry said the first time she'd been able to speak to him since his hold began was Nov. 29.

During court proceedings Dec. 8, Judge Christofeno announced that Perry had filed a motion to withdraw herself from the case. Christofeno explained to Norton that the result would likely be a continuance of the jury retrial, especially as he was referred to the public defender's office, which takes on a large load of cases.

During Thursday's status conference, it was confirmed that attorneys Christopher Petersen, Matthew Buck and Ethan Legg are now representing Norton for his retrial.

A new status trial status conference was then set for July 13, and his retrial date was confirmed for Aug. 7.

GUILTY PLEA

An Elkhart man accused of Level 2 felony dealing in methamphetamine had his potential jail time significantly reduced Thursday as part of a plea agreement.

Marco T. Anderson, 38, appeared in Elkhart County Circuit Court Thursday for a hearing in his case. During the hearing, Judge Christofeno noted that the prosecution had filed an amended charging information against him which added a second count of possession of methamphetamine, a Level 5 felony.

Following that announcement, Anderson confirmed that he would be pleading guilty to the Level 5 felony possession charge with the understanding that the Level 2 felony dealing charge would be dropped as part of a plea agreement.

While the maximum jail time for a Level 2 felony is 30 years, Christofeno noted that the maximum jail time for a Level 5 felony charge is significantly less at six years.

Per his plea deal, Anderson is currently looking at a sentence of four years at the Indiana Department of Correction to be served on alternative placement, with one of those four years suspended and one year to be served on reporting probation.

Following the announcement and acceptance of Anderson's guilty plea, a sentencing hearing was set for Jan. 19, and his jury trial scheduled for Jan. 9 was vacated.