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Defense claims Kennesaw teen Olivia Pugh outside crosswalk when killed

By Brittany Edney/FOX 5 Atlanta
Published  November 22, 2024 7:03pm EST
Cobb County
FOX 5 Atlanta

Defense tries to prove Olivia Pugh outside crosswalk

Defense for the man accused of hitting and killing Kennesaw teenager Olivia Pugh tried to prove on Friday that she was outside of a crosswalk.

The Brief

    • Heartbreaking Evidence: Nighttime video of the fatal incident leaves courtroom attendees visibly shaken.
    • Crosswalk Debate: Defense argues victim Olivia Pugh was outside the crosswalk, while a bystander admits his statement was speculative.
    • Defense Challenges Access: Tensions rise over how defense attorneys served a subpoena to key witness Charles Herbough.

COBB COUNTY, Ga. - The trial of a man accused of DUI in a deadly pedestrian crash continued Friday with hard-to-watch video of the incident.

Jerome "Jerry" Cox is accused of driving under the influence and fatally striking a Kennesaw high school student last December.

The defense for Cox attempted to show that the victim, Olivia Pugh, was outside the crosswalk when she was struck.

At one point, nighttime video showed the moment of impact, causing multiple people in the courtroom to bow their heads and turn away from the screen.

Defense attorney Kyle Denslow questioned Cobb County Police Sgt. Nicholas Leone about his interaction with bystanders the night of the accident.

"Were you told or did you discover at any time in your investigation that Olivia Pugh was outside the crosswalk?" Denslow asked Leone.

"Based on what he said? Yes," Leone replied.

"Do you recall telling a female bystander to not get hit again?" Denslow then asked.

"I may have," stated Leone.

"Do you recall talking to a tow truck driver and stating that, ‘It's getting dark out here. Everyone's going to get hit by a car?’" added Denslow.

"Yes," stated Leone.

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The state appeared to counter that testimony with bystander Charles Herbough, who said he was nearby but not facing the direction of the crash when it occurred. He said he ran over when he heard screams.

"You didn’t actually see where Olivia was?" asked the prosecution.

"No," Herbough replied.

"So when you told officers that she was about three feet outside of the crosswalk, why did you say that?" the prosecution asked.

"Just based on where I thought she was and the sound," Herbough said.

"So you were speculating?" the state asked.

"Yes," replied Herbough.

The defense focused on how Herbough communicated with police investigators and prosecutors about the case prior to court. However, the defense team struggled to connect with him as easily and had to send a subpoena via certified mail and a representative, which was not well-received.

"You said we were unprofessional in how we served you?" asked the defense, referring to a phone call between their office and Herbough.

"I don't think I said you were unprofessional, but I did say it was interesting to have someone come in at Friday at 8 p.m. and sit in my driveway," Herbough replied.

The trial will not resume until Dec. 2 because of the Thanksgiving holiday.