St. Cloud Father Pleads Guilty in Infant’s Accidental Smothering

(KNSI) – A St. Cloud man has admitted to accidentally smothering his seven-month-old son while drunk nearly four years ago.

According to the criminal complaint, just before 3:30 a.m. on September 22nd, 2021, officers were called to a home on the 1700 block of Roosevelt Road for a child who was not breathing. Investigators spoke to the father, Joshua Cox, who cared for the child. He said he went to bed with the baby and another one of his kids about 11:30 p.m. His wife was at work and said she spoke to her husband around 10:00 that night and could tell he was drunk. She came home several hours later and found her son face down on the bed with Cox’s head on the baby’s back.

Prosecutors say a blood sample taken from Cox about five hours later showed a blood alcohol concentration of .128. Cox said he had three or four shots of Fireball whisky after his wife went to work. Cox admitted he had a drinking problem but believed it was under control. Officers say during the investigation, several bottles of Fireball and other forms of alcohol were found all over the house.

The Medical Examiner determined the child died of positional asphyxia due to unsafe sleeping conditions and ruled out any other possible cause of death.

While court documents say the death was unintentional, Cox was the parent and sole caregiver responsible for the health and safety of the baby, and prosecutors say he directly contributed to the unsafe sleeping environment.

Cox was charged with two counts of second-degree manslaughter. The 37-year-old struck a deal to plead guilty to one count and have the other dismissed. The agreement calls for a stay of imposition for five years, meaning he won’t go to prison unless he violates the terms of his five-year probation period. He would also pay a $50 fine and continue any recommendations for drug counseling and treatment.

Cox’s lawyer will argue for a downward departure, requesting that the conviction be recorded as a gross misdemeanor instead of a felony. The attorney will also ask the judge to stay a one-year jail sentence, meaning he would only face jail time if he violates probation. The defense is also asking for only two years of supervised release. Sentencing will take place on July 2nd.

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