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ALBION — Prosecutors entered a pre-trial abrupt Thursday, account the arguments they intend to chase to prove Tiffani Cox advisedly fabricated “substantial steps” adjoin an attempted robbery in Ligonier March 5 that resulted in two bodies actuality attack and killed.
Meanwhile, the aegis advocate for Cox is gluttonous to abolish affirmation calm in the case.
The new abstracts were filed in Noble Superior Cloister 1 Thursday morning, beneath than three weeks afore Cox is appointed to arise for a bank balloon in court.
Cox is adverse three charges: acceptable in abomination murder; acceptable in attempted armed robbery consistent in austere actual injury, a Level 2 felony; and acceptable in attempted armed robbery, a Level 3 felony.
She was arrested and answerable in affiliation with a March 5 bifold assassination in Ligonier. According to police, Cox, Kyra Frost and Michael J. Johnson went to Riverside Villa Apartments to retrieve a Prada purse that reportedly belonged to Frost and was believed to be admired at $10,000.
After actuality let into the apartment, Johnson allegedly pulled out a blaster and attack and dead Justin Adams and Amanda Feldstein, again accursed at a third person, missing her.
Cox is set for a bank balloon afore Noble Superior Cloister 1 Judge Robert Kirsch on Aug. 22 and 23 afterwards opting adjoin a balloon by a 12-person jury.
Thursday, Cox’s attorney, Seth Tipton, filed a motion to abolish evidence. The certificate does not detail any specific pieces of affirmation or specific affidavit why that affirmation should be withheld during trial, alone that “government actors illegally acquired actual and/or abstract items, information, and statements apropos the defendant.”
The motion requests an evidentiary audition to altercate the abolishment issue, but according to online cloister records, the amount will be advised as allotment of the accessible bank trial.
Also Thursday, Noble County Chief Deputy Prosecutor John Nimmo entered a pre-trial abrupt and announcement of law, a certificate that outlines the credibility prosecutors will accession and how they intend to prove them in court.
The certificate includes four capacity — abettor liability, attempt, robbery and abettor accountability and accustomed and apparent consequences.
As acclaimed in antecedent hearings, prosecutors will altercate that Cox served as an abettor and aided in the attack to rob the tenants of the Ligonier accommodation of the purse, with the “substantial step” actuality allowance to accretion admission to the residence.
“The Accompaniment is alleging that Cox took her own abundant footfall in the agency of the abomination of attempted robbery by animadversion on the victim’s accommodation aperture for the advised purpose of acceptance her confederates crooked admission into the abode to access acreage through use of force,” the abrupt states.
The case will accede that Cox was caught and that afterwards the shooting, she took accomplish to address the adventure and abet with police, although those don’t acquit her from culpability.
“The Accompaniment will altercate that Cox, as an accomplice, is criminally amenable for the injuries and deaths which ensued as a aftereffect of the inherently agitated abomination she helped accomplish irrespective of regrets,” cloister abstracts state.
In arguing that she committed robbery, prosecutors intend to appearance she took an alive role in attempting to access the purse and that she knew Johnson was beneath the access of methamphetamine and was accustomed a gun.
The case will attack to defuse arguments from the aegis that Cox was apprenticed into acceptable in the adventure by assuming that she and Johnson were in a accord and that she fabricated “absolutely no activity to argue the attempted robbery.”
Prosecutors intend to appearance added accomplish Cox took to facilitate the incident, such as calling to set up the affair at the apartment, animadversion on the aperture while the added two suspects were hidden out of afterimage and advertence that they had planned “to blitz into the accommodation unannounced aloft the aperture actuality opened,” according to cloister documents.
The accompaniment is additionally able to avert adjoin arguments that Cox could not accept advancing a agitated aftereffect to the encounter, pointing to facts that she knew Johnson had acclimated methamphetamine and was armed, amid added details, the abrupt states.
“Cox knew that one of her amalgamated [sic] was armed and acutely volatile. Cox knew her confederates had advised violence. The injuries abiding by the victims were a accustomed and apparent aftereffect of the crime,” the abrupt states.
Cox’s is appointed for one final pre-trial audition Aug. 14. The balloon is set to activate at 8:30 a.m. on Aug. 22.
Johnson and Frost are appointed for trials in mid-December.
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