Manslaughter defendant Tanner Cox says he tried to help victim

IDAHO FALLS — The man being tried for voluntary manslaughter for fatally punching 36-year-old Joshua Olzak told the court he tried to help the victim.

Tanner R. Cox, 23, testified before a jury Thursday, Dec. 3, during the third day of his trial.

The trial centers around a fight in the early morning hours of May 9. Cox allegedly punched Olzak one time – knocking him down and causing his head to hit the ground. Olzak died at Eastern Idaho Regional Medical Center on May 11.

The state rested its case after detective Rome Stiffler of the Idaho Falls Police Department presented text messages between Cox and his girlfriend that they exchanged while he was in jail Nov. 17.

“No more trying to fight people, K?” his girlfriend texted.

“After this I’m done. I promise no more fighting, babe,” Cox replied.

Before the fight

The defense then called Cox as a witness to present his side of the story.

Cox said he had four or five beers and a mixed drink of rum and Coke. Cox traveled to a total of three bars that night driving in a pickup loaned to him. Cox admitted he was intoxicated during the drives between each bar. His final destination was The Peppertree Lounge, where Cox met up with some acquaintances.

He said he was introduced to Josh Loveless and Josh Olzak by a mutual friend upon his arrival at The Peppertree.

This differs from testimony offered by Loveless on Tuesday as reported by the Post Register, which would suggest they had never met.

Cox stated he left the Peppertree around 1 a.m. with intentions to go to a local restaurant with some friends. While he was in the Peppertree parking lot, Cox said a diesel truck was doing burnouts and producing a large amount of exhaust smoke.

Bonneville County Prosecuting Attorney Daniel Clark repeatedly asked Cox if that angered or frustrated him.

“No. I was just really annoyed by the smoke,” Cox said.

Cox showed the jury a photo from the parking lot that showed the tire marks.

Cox said he and a passenger, Nickolas Arguello, left the Peppertree traveling towards Denny’s. Acquaintances of Cox followed in other vehicles.

When Cox arrived at Broadway street he said a man flipped him off from the passenger side of a truck. Whether the truck was the same that Cox and Arguello had seen in the parking lot was not made clear in court.

The chase

Cox stated he wanted to know what the problem was so he followed the truck, honking his horn trying to get the guy to pull over. Cox said that the truck kept “blowing smoke at us,” which irritated him more, so he continued to chase the truck.

Eventually the chase ensued. Arriving on Sunnyside Road, Cox estimated that speeds reach more than 75 miles an hour.

At one point Cox pulled up to the side of the truck he was pursuing.

“Did you think you were going to have a conversation at 75 miles per hour?” asked Clark.

“No. I thought that if I unrolled my window, they would slow down,” said Cox.

The truck was driven by Loveless, but Cox said he didn’t know who was in the truck until they stopped. Cox said Loveless tried to run Cox off the road.

Cox admitted that if he were in the same position as Loveless he too would be frantic and try to flee the chase.

The chase moved to a side street, at which point Loveless stopped in the middle of road. Cox said he pulled up next to the truck and unrolled his window. Olzak, the passenger of the truck driven by Loveless, got out, and so did Cox.

It was at this point that Cox said he recognized Loveless and Olzak.

The fight

Cox said Olzak lunged at him and Cox swung at Olzak, striking him in the face. Cox said that Olzak dropped to ground, hitting his head.

Cox said he knew right away that Olzak was hurt. He said he leaned down to help help him.

“I tried to wake him up, but he wouldn’t wake up,” Cox said.

He said he looked behind him and Loveless was in a confrontation with another car that had pulled up behind them that was also involved in the chase.

Cox said he told them to stop and that Olzak needed help. Cox said he picked Olzak up and placed him back in the passenger seat of Loveless’ truck. Olzak made a snoring sound and shrugged forward, Cox said. Cox then left. Cox said Loveless then started chasing him. Cox said he assumed he was trying to get his license plate, so he evaded them.

Parts of Cox’s story differ from that of Loveless. In court on Tuesday, Loveless “said he parked his truck while the other two vehicles stopped behind him. Loveless said he tried to exit his truck, but before his “feet were even on the ground” he was being punched multiple times in the face and head,” according to a Post Register report.

Loveless also said “he heard someone say “stop hitting him,” as he tried to put Olzak into his truck. Loveless said someone helped him lift Olzak into the truck and then a person began hitting Loveless again,” according to the newspaper.

Later police pulled Cox over. He said Thursday that he originally told the police that he nothing to do with the assault, but when police pointed out blood on his hands he gave a short version of events.

The pending decision

Cox was the only witness called by the defense. Due to minimal time left in the day the jury was dismissed until the morning of Friday, Dec 4. The jury could decide Cox’s fate Friday. If found guilty, he could serve up to 15 years in prison and pay a $15,000 fine.