Tanner Cox sentenced to prison for death of Josh Olzak
Published at | Updated at
IDAHO FALLS – With tears streaming down his face, Tanner Cox apologized to the family of Josh Olzak Tuesday and said he takes responsibility for Olzak’s death.
Moments later, in a Bonneville County courtroom, Seventh District Judge Bruce Pickett sentenced Cox to 10 years in prison with a fixed term of 2.5 years. The Idaho Falls man was also ordered to pay a $1,000 fine and $2,000 to be split between Olzak’s two children.
The sentencing came nine months after Cox punched Olzak during a fight in Idaho Falls. Olzak fell to the ground, hit his head and lost consciousness. Two days later, on May 11, Olzak died at Eastern Idaho Regional Medical Center.
A jury found Cox guilty of involuntary manslaughter in December after a five-day trial.
During Tuesday’s sentencing hearing, James Archibald, Cox’s attorney, did not call any witnesses to testify on Cox’s behalf.
Bonneville County Prosecutor Danny Clark called two of Olzak’s ex-wives to the stand.
His first ex-wife, who spoke on behalf of a child she and Josh had together, told the court about Josh’s determination to teach his kids that they are responsible for their actions.
“Our son doesn’t understand what his dad did to have this happen to him,” she said.
Olzak’s second ex-wife, Gabrielle Olzak, who shared a daughter with Josh, told Pickett she and Josh were still in a relationship at the time of his death.
“We were a family still,” Gabrielle said. “We watched TV shows together, we ate family meals together, and our bills were still together.”
She went on to describe seeing Josh in the hospital the day after he was attacked.
“He did not know who I was,” Gabrielle said. “He kept asking about his babies and wanted to know that they were okay.”
“On Mother’s Day I got a call that the doctors had to sedate him,” Gabrielle said. “When I got there, he was tied to a bed and when I saw him on a ventilator, I knew he was gone.”
She said she told her daughter that “your daddy got very, very hurt and he can’t live in his body anymore.” The young child then collapsed to the ground in tears.
Gabrielle said their daughter still sends Josh text messages and videos – wishing he would respond.
“She told me one day she wishes she was dead so she can be with daddy,” Gabrielle said. “Tanner hunted him down and hurt him and killed him. This, for us, is a life sentence.”
Archibald asked Pickett to retain jurisdiction and sentence Cox to a one-year rider. A rider is a rehabilitation program held at a minimum security prison.
Archibald argued that sending Cox to prison might make him a worse person.
“We should not give up on Cox,” Archibald said. “The maximum of ten years in prison isn’t necessary and it doesn’t bring back Josh Olzak. (Cox) did not hunt him down and kill Josh.”
Clark recommended Cox serve a ten-year prison sentence with four years fixed.
“The defendant is young – that should be considered,” Clark said. “But the reality is that this crime needs to have a consequence.”
Clark referred to a text message Cox sent 24 hours before he got into a fight with Olzak:
“The defendant likes to get into fights,” Clark said. “I won’t go as far to say he likes to hurt people, but he goes to the bar and likes to fight.”
“The most difficult thing to deal with is the defendant’s lack of remorse for the victims in this case,” Clark continued. “His remorse has been completely inappropriate, in my opinion.”
Before handing down his sentence, Pickett asked Cox if he wanted to say anything.
“I want to say that I do take responsibility for Josh’s death,” an emotional Cox said. “I want the family to know that I am sorry and I never meant to hurt or cause those injuries. I did chase him down and because of my actions he is dead. I’m deeply sorry for his child. I know how it feels to lose a father.”
“I’m sorry I brought that on them. I am deeply sorry. I am sorry for the pain I brought onto them and I want to apologize to my family for not listening to them.”
Before handing down his sentence, Pickett acknowledged Cox’s words to Olzak’s family.
“I appreciate that you apologized to the Olzak family, your family and the city and state,” Pickett said. “Your history indicates you get drunk and go out and fight. That’s unacceptable in this community. When you go out and drink and fight, it’s not a fun night. It’s a direct threat to the community.”
Cox is currently in custody of the Department of Corrections. It’s unclear when he will be moved to prison.
RELATED CONTENT
Family gives statement after Tanner Cox guilty verdict
Jury still deliberating fate of manslaughter defendant Cox
Jury selection begins in Tanner Cox voluntary manslaughter case
Manslaughter defendant Tanner Cox says he tried to help victim
ORIGINAL COURT COVERAGE
UPDATE (12:45 p.m.) — Tanner Cox has been sentenced to ten years in prison with a fixed term of 2.5 years. District Judge Bruce Pickett is giving him credit for time served, which is 267 days. He’s been ordered to pay a fine of $1,000 and a civil penalty of $2,000 to be paid to Olzak’s child.
At the conclusion of the trial, Pickett said he does believe Cox regrets his actions, but there are other considerations.
“We need acknowledge the death of Joshua Olzak,” Pickett said. “I appreciate that you apologized to the Olzak family, your family and the city and state. Your history indicates you get drunk and go out and fight, that’s unacceptable in this community. When you go out and drink and fight it’s not a fun night, it’s a direct threat to he community.”
UPDATE (12:35 p.m.) — Tanner Cox just addressed the family of Josh Olzak and said:
“Your honor, I want to say that I do take responsibility for Josh’s death. I wanted the family to know that I am sorry and I never meant to hurt or cause those injuries. I did chase him down and because of my actions he is dead. I’m deeply sorry for his child. I know how it feels to lose a father. I’m sorry I brought that on them. I am deeply sorry. I am sorry for the pain I brought onto them and I want to apologize to my family for not listening to them.”
Judge Pickett is about to sentence Cox.
UPDATE (12:30 p.m.) — Tanner Cox’s attorney, Jim Archibald, is asking the court to retain jurisdiction and sentence Cox to a one-year rider. A rider is a rehabilitation program held at a minimum security prison. Archibald argued that sending Cox to prison might make him a worse person.
“We should not give up on Cox,” Archibald said. “The maximum of ten years in prison isn’t necessary and it doesn’t bring back Josh Olzak. (Cox) did not hunt him down and kill Josh.”
Archibald referred to letter from Josh Olzak’s mother that said Olzak would not want this to ruin Cox’s life.
Bonneville County Prosecuting Attorney Daniel Clark compared Cox’s case with similar cases.
“The defendant is young – that should be considered,” Clark said. “But the reality is that this crime needs to have a consequence.”
Clark referred to a text message Cox sent 24 hours before he got into a fight with Olzak:
“The defendant likes to get into fights,” Clark said. “I won’t go as far to say he likes to hurt people, but he goes to the bar and likes to fight.”
“The most difficult thing to deal with is the defendant’s lack of remorse for the victims in this case,” Clark continued. “His remorse has been completely inappropriate in my opinion.”
Clark recommended a ten year prison sentence with four years fixed.
Cox is about to address the court.
UPDATE (11:45 a.m.) — During sentencing, Tanner Cox’s attorney, Jim Archibald, did not call any witnesses to testify in behalf of Cox.
Josh Olzak’s first ex-wife spoke on behalf of a child they have together. She told the court about Josh Olzak’s parenting and his determination to teach his kids that they are responsible for their actions.
“Our son doesn’t understand what his dad did to have this happen to him,” she said.
Gabrielle Olzak, also an ex-wife who shares a child with Josh Olzak, took the stand.
Gabrielle told the court that she and Josh were still in a relationship together at the time of his death.
“We were a family still. We watched TV shows together, we ate family meals together, our bills were will still together,” Gabrielle said.
She went on to describe seeing Josh in the hospital the day after he was attacked.
“He did not know who I was,” Gabrielle said. “He kept asking about his babies and wanted to know that they were okay.”
“On Mother’s Day I got a call that doctors had to sedate him,” Gabrielle said. “When I got there, he was tied to a bed and when I saw him on a ventilator, I knew he was gone.”
She said she told her daughter that “your daddy got very, very hurt and he can’t live in his body anymore.”
Gabrielle says their daughter still sends Josh text messages and videos and wishes he would respond.
“She wishes she was dead so she can be with daddy,” Gabrielle said with emotion. “Tanner hunted him down and hurt him and killed him. This, for us, is a life sentence. We just want appropriate consequences for his actions.”
ORIGINAL STORY
IDAHO FALLS — Tanner R. Cox, the man convicted of involuntary manslaughter in the death of Josh Olzak, will be sentenced this morning in a Bonneville County courtroom.
A jury found Cox guilty in December after a five-day trial.
Cox admitted to pursuing Olzak and Josh Loveless through the streets of Idaho Falls on May 9. The chase resulted in a fight between Cox and Olzak. Cox punched Olzak, knocking him down and causing his head to hit the ground. Olzak died at Eastern Idaho Regional Medical Center on May 11.
“I certainly believe (Cox) wasn’t intending to kill (Olzak),” Bonneville County Prosecutor Danny Clark told EastIdahoNews.com when Cox was found guilty. “Frankly, involuntary manslaughter was a charging option we consider quite a bit early on with the theory that he engaged in an unlawful act — the battery and punching him — that caused his death.”
Cox could serve up to 10 years in prison and be ordered to pay a $15,000 fine.
EastIdahoNews.com has a reporter in the courtroom and will update this story throughout the morning with the latest details on the sentencing.