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Murder case: Legal options Cox faces

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Murder case: Legal options Cox faces

Pastor Rob Cox

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POSTED July 1, 2014 1:18 a.m.

Clark County’s murder case against Manteca Pastor Rob Cox could be dropped as early as Wednesday. 

But that doesn’t mean he’s out of the legal woods yet.

Cox, who is being charged in the killing of 55-year-old Link Ellingson after a dustup outside of a Las Vegas restaurant last year, is awaiting word on whether an indictment from the Clark County Grand Jury will provide prosecutors with the footing to move forward with the case. Ellingson died six-months after suffering a head injury in the fracas when the main artery that carried blood from the heart to the brain was pierced during a medical procedure. 

The Clark County Medical Examiner’s office ruled that because the death came as a result of an injury sustained during an assault, the battery charge – of which Cox said he was told by prosecutors wasn’t being followed through with – was being upgraded to murder. 

Two weeks ago, 18 young adults from The Place of Refuge appeared before the grand jury to provide sworn testimony about what they saw outside of The Four Kegs restaurant in June of 2013. Only three provided statements to investigators at the time. 

Unlike typical court proceedings, grand jury testimony is sealed and conducted without defense counsel present – allowing only for a written statement to be included in the record. 

Wednesday is when Cox is scheduled to appear in Clark County Superior Court for a standard preliminary hearing. It’s possible, according to his attorney, that the grand jury could meet in the interim and make a determination about an indictment. If not, the charges against Cox will be dropped when he appears Wednesday and his legal standing will hinge on the grand jury findings.

“The burden in a grand jury indictment is slight or marginal evidence,” said Frank Cofer of the law firm of Cofer, Geller and Durham – the Las Vegas counsel representing Cox. “But if this case were to go to trial, Robert Cox would be acquitted of murder.”

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