Allen Ward Cox

Case record: Allen Ward Cox

Timeline

• 12/21/98 — Allen Ward Cox attacked Thomas Baker at Lake Correctional Institute, stabbing him three times with an ice-pick-shaped shank; Baker died en route to the hospital.
• 02/05/99 — Allen Ward Cox was indicted on Count I: First-Degree Murder and Count II: Battery (later pled guilty).
• 03/14/00 — The jury found Cox guilty of First-Degree Murder.
• 03/20/00 — In advisory sentencing, the jury voted for the death penalty by a 10 to 2 majority.
• 07/24/00 — Cox was sentenced to death for Count I (First-Degree Murder) and sentenced on Count II (Battery) to 5 years.
• 08/28/00 — Allen Cox filed a direct appeal in the Florida Supreme Court.
• 05/23/02 — The Florida Supreme Court affirmed Cox’s conviction and sentence of death.
• 01/13/03 — Cox’s petition for a writ of certiorari in the United States Supreme Court was denied.
• 01/08/04 — Cox filed a 3.850 motion in the State Circuit Court.
• 04/21/05 — Cox’s 3.850 motion was denied.
• 05/23/05 — Cox filed a 3.851 motion appeal in the Florida Supreme Court (pending).
• 01/17/06 — Cox filed a petition for a writ of habeas corpus in the Florida Supreme Court (pending).

Background

Allen Ward Cox was convicted and sentenced to death for the murder of Thomas Baker. The murder occurred on 12/21/98 at the Lake Correctional Institute, where Cox was an inmate serving several life sentences for kidnapping, sexual battery and aggravated battery.

The offence

On 12/20/98, Cox noticed that someone had broken into his personal footlocker and stolen $500. Cox announced to other inmates in his dormitory that he would give $50 to anyone who would identify the thief. Cox threatened to kill the thief upon discovering his identity and indicated no concern for the consequences.

On 12/21/98, during the inmate’s lunch hour, Cox motioned for Thomas Baker to come over to him. Cox hit Baker, knocking him to the ground. Baker struggled to free himself and repeatedly denied stealing the $500. Cox then stabbed Baker three times with an ice-pick-shaped shank. Cox fled behind the prison pump house and hid the shank in a pipe.

After being stabbed, Thomas Baker fled the scene to nearby correctional officers. Baker identified his attacker as “Big Al, Echo Dorm, Quad Three.” Baker hysterically motioned to the officers that he was having trouble breathing and could feel his lungs filling up with blood. Baker died en route to the hospital. Medical examiners testified the fatal stab wound pierced Baker’s lungs and aorta.

Cox returned to his dorm and confronted Donny Cox (no relation) about his stolen money. Cox threatened Donny and told him he would kill him too if he had anything to do with the stolen money.

Cox returned to his cell where he attacked his cellmate Lawrence Wood. Cox told Wood he was lucky because he would also have been stabbed if Cox had not already discarded the shank.

Investigation

Medical examiners testified that the fatal stab wound pierced Baker’s lungs and aorta.

Trial

Charges

Cox was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Battery (later pled guilty)

Verdict

On 03/14/00, the jury found Cox guilty of First-Degree Murder.

Advisory sentencing

On 03/20/00, upon advisory sentencing, the jury voted for the death penalty by a 10 to 2 majority.

Sentencing

On 07/24/00, Cox was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: Battery — 5 years

Appeals

On 08/28/00, Cox filed a direct appeal in the Florida Supreme Court. He argued that the trial court erred in failing to declare a mistrial following a discovery violation by the State and a testimonial violation of an order in limine. The Florida Supreme Court noted that, although a discovery violation did occur, it was inadvertent and did not prejudice Cox’s case and that the trial court gave the proper curative instruction following the violation of the order in limine.

Cox claimed that the prosecutor’s misstatements of the law constituted fundamental error and that the trial court erred in the consideration and application of aggravating and mitigating circumstances.

The Florida Supreme Court affirmed Cox’s conviction and sentence of death on 05/23/02.

Cox next filed a petition for a writ of certiorari in the United States Supreme Court, which was denied 01/13/03.

Cox filed a 3.850 motion in the State Circuit Court on 01/08/04; it was denied on 04/21/05.

Cox filed a 3.851 motion appeal in the Florida Supreme Court on 05/23/05 that is pending.

Cox filed a petition for a writ of habeas corpus in the Florida Supreme Court on 01/17/06 that is pending.

Other details

• Name: Allen Ward Cox
• DOB: 09/20/62
• Court opinion / case references: Florida Supreme Court opinion SC00-1751; DC# 188854; Fifth Judicial Circuit, Lake County; Case #99-249
• Sentencing judge: The Honorable T. Michael Johnson
• Attorneys (Criminal Trial): William Stone and Jeffrey Higgins — Assistant Public Defenders
• Direct appeal counsel: Christopher S. Quarles — Assistant Public Defender
• Collateral appeals: Eric Pinkard and James Driscoll — CCRC-M
• Date of offence: 12/21/98
• Date of sentence: 07/24/00
• Circumstances of offence: Cox was convicted and sentenced to death for the murder of Thomas Baker; the stabbing occurred at Lake Correctional Institute where Cox was an inmate serving several life sentences for kidnapping, sexual battery and aggravated battery.
• Victim: Thomas Baker
• Other individuals named in connection with events: Donny Cox (no relation) and Lawrence Wood