Ex-Park Tudor coach Kyle Cox joked about violence against alleged victim, prosecutors say

Cox is not yet freed though, as prosecutors are appealing the ruling

Madeline Buckley, madeline.buckley@indystar.com

After a male Park Tudor student grabbed the neck of the alleged victim of Kyle Cox and threw her to the ground, the male student and coach joked about the violence in text messages, federal prosecutors say. 

"It was fun knocking her (butt) to the ground," the 16-year-old student sent in a message to Cox. Cox replied that it would have been fun if the girl sustained a concussion. In another message, Cox wrote, “I would turn my head if you messed her up." 

The disturbing messages were presented by assistant U.S. attorneys Steve DeBrota and Kristina Korobov during Cox's detention hearing on Monday afternoon in federal court. Cox, 31, is facing one count of coercion and enticement, a charge that carries a possible punishment of 10 years to life in prison.

Prosecutors said the victim and another girl were assaulted at the school in early January, just weeks after Cox resigned from his position as basketball coach. They argued that Cox should remain jailed while his case is pending, citing the text messages between Cox and the male student as evidence that Cox is dangerous to those around him, and has tried to obstruct the investigation.

“He encouraged a boy to mess her up, which tragically happens," DeBrota said.

But while Magistrate Judge Debra McVicker Lynch said she found the text messages "troubling," she believes Cox's family can supervise him while he waits for trial.

Lynch ruled against the prosecutors, ordering that Cox live with his parents in Springport, Ind., in Henry County, under electronic monitoring while his case is pending.

Cox was not freed Monday night though. Prosecutors intend to appeal Lynch's ruling, so Cox will remain jailed at a federal prison in Kentucky until a new judge receives the appeal. Prosecutors have until the end of Tuesday to file the appeal. 

Cox's attorney, Jim Voyles, argued that the former coach exchanged text messages with the student before police started their investigation. The transcript indicated Cox and the student exchanged messages between Dec. 15, when he resigned, and Jan. 7, when police took his cell phone after serving a search warrant at his home. 

Cox had signed a confidentiality agreement with Park Tudor that barred him from contacting students, but Lynch, the magistrate, said the civil agreement was not the same as if a court order had prohibited him from contacting students.

Still, Lynch said she is "very concerned" about the messages Cox sent to the male student.

"I am troubled by the gross immaturity," Lynch said. 

But Lynch noted that Cox has no prior criminal record, and appears to have strong family ties. 

His father, Tony Cox, said he would supervise his son, and ensure he comes to each court hearing. Kyle Cox will not return to his Fishers home with his wife and two children.

Tony Cox, though, told the court he doesn't believe the accusations against his son are true. "I don't believe my son is a criminal," Tony Cox said. 

The criminal complaint alleges Cox persuaded a 15-year-old girl to send explicit texts and messages on services like Snapchat, and had planned to have sex with her in his Fishers home when his family was out of town. The complaint also raised questions about the school's handling of evidence in the case.

The complaint said the school and its attorney possessed records of explicit messages between Cox and the girl, but did not let police know of their existence until three weeks after the victim's father turned over copies to the late headmaster, Matthew D. Miller, and the school’s attorney, Michael Blickman. 

The next day, Cox resigned, and the school filed a report to the Department of Child Services, as required by law. The court documents, though, say the report was lacking in detail and did not say anything about the explicit messages the school and the attorney had in their possession.

And when police started investigating the allegations against Cox, Blickman told them he would not offer any information because his conversations with school officials were “privileged communications,” court documents state. Blickman said he believed Park Tudor officials had done everything that they needed to do.

It wasn't until detectives served a search warrant at Park Tudor on Jan. 7 that Blickman told police he received a laptop and documents from the girl’s father about three weeks earlier, the complaint said. 

Cox was arrested Thursday, seven weeks after his resignation. 

Star reporters Vic Ryckaert, Kyle Neddenriep and Justin L. Mack contributed to this story. Call Star reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter: @Mabuckley88.