State v. Cox

── State v. Cox ── Court: Court of Appeals of Arizona Date: April 10, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. GARY LENALL COX, Appellant. No. 1 CA-CR 24-0550 FILED 04-10-2026 Appeal from the Superior Court in Maricopa County No. CR2021-002262-001 The Honorable Mark H. Brain, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Michael O’Toole Counsel for Appellee Gary Lenall Cox, Winslow Appellant Kenney Law LLC, Florence By Anthony Louis Kenney Advisory Counsel for Appellant Arizona Voice for Crime Victims, Phoenix By Jessica Gattuso Counsel for Crime Victim  STATE v. COX Decision of the Court MEMORANDUM DECISION Presiding Judge Michael S. Catlett delivered the decision of the Court, in which Judge Angela K. Paton and Judge Jennifer M. Perkins joined. C A T L E T T, Judge: ¶1 Gary Lenall Cox (“Cox”) appeals his convictions for first- degree murder, kidnapping, and tampering with physical evidence. Cox argues the superior court erred by denying his motion to change counsel, prohibiting his expert witnesses from testifying, incorrectly instructing the jury on first-degree murder, and failing to either grant his motion for mistrial or give the jury his proposed curative instruction. Because the court did not err in any respect, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 In mid-2020, Julia (a pseudonym) obtained a hotel room in Tempe through the “HOPE” program, which provides housing for individuals trying to get their lives in order. Cox was also staying at the hotel through the program, but he declined to engage in services, so the program paid for Cox to stay for only one weekend. The program prohibited Julia from having overnight guests, but by the end of July, Cox began staying in her room. ¶3 In early August, program staff informed Julia she could be terminated from the program if Cox stayed with her. On August 6, at about 7:00 p.m., Cox texted a program staff member that he and Julia were “a couple” and that the program should “take care of the move-in fee situation so [they] can get on with their lives.” ¶4 Later that night, at about 1:00 a.m., an occupant in the room next to Julia’s heard a “loud bang” that startled him. Loud banging continued randomly throughout the night. ¶5 The next morning, Cox called his brother, Arthur, saying “I need you, I need your help.” Arthur said he could not help because he was traveling to Las Vegas. Cox asked to go with him, but Arthur said no and hung up. Cox called back crying and said he needed Arthur’s help, Julia was dead, and “that he’s going to prison.” Arthur hung up and called their mother. Cox’s mother and sister called the police. 2  STATE v. COX Decision of the Court ¶6 Officers responded to Julia’s hotel room. Julia was on the floor; she was not breathing and had a “tremendous amount of wounds.” The room was in disarray as if a struggle had occurred and there were apparent blood stains throughout. The police found an empty bleach bottle and the room smelled like bleach; there was also a pile of wet women’s clothing and it appeared someone tried to clean up the scene. ¶7 Later, Arthur informed the police that Cox was at a bus stop. Officers responded and arrested Cox. At th