A man convicted by a jury in Rutherford County of two counts of especially aggravated kidnapping, two counts of aggravated robbery, and two counts of employing a firearm during a dangerous felony has asked for a new trial.

The original case stemmed from a home invasion reported in LaVergne in 2014. The incident took place while the victims, a mother, father, child and social worker, were in their house.

Darius Alexander Cox was sentenced to a total of 40 years in prison after his conviction. The then asked for a new trial, which was denied. Cox then appealed the denial suggesting there was insufficient evidence to support his convictions. The man also said that the prosecutor made improper comments during closing argument, and that the trial court erred by imposing consecutive sentences.

The court of Criminal Appeals of Tennessee reviewed the Rutherford County case and concluded that the trial court committed reversible error by admitting evidence of Defendant's other crimes because the evidence was not relevant to a material issue other than Defendant's character. Accordingly, the judgments of the trial court have been reversed and remanded for a new trial.

Source:

No. M2017-02178-CCA-R3-CD