Cox Bail Bonds Lawsuit Claims Maryland Heights Police Vendetta Damaged Business

At about 1:30 a.m. Aug. 17, 2008, four bounty hunters with guns drawn burst into a hotel room where Lance Peabody and his girlfriend Leah Pinion were staying.

Only a few people know the details of what happened next, and one of them is dead. Jerry Cox, co-owner of and an ex-state representative, died of cancer last June 13. The others aren’t talking.

The Cox Bail Bonds lawsuit claims that a Maryland Heights police officer carried out a vendetta against Jim Cox--Jerry’s son--then co-owner of the business, intentionally damaging their business.

“We reject that completely and absolutely,” said Peter Dunne, an attorney representing Maryland Heights. “There is absolutely no merit to that allegation at all. The only thing that motivated any of these police officers is the allegation that crimes were committed,” he said.

Jim and Jerry Cox filed the lawsuit in June 2009. A jury trial is scheduled for Oct. 17, but the city has submitted a motion to dismiss the lawsuit. The attorney for the Jim and Jerry Cox, as well as Cox Bail Bonds, Larry Bagsby, has until April 22 to file a response.

Cox’s order

In June 2008, Peabody secured a bond through Cox Bail Bonds to bail out Pinion after she violated her probation. He secured the bond by putting up his O’Fallon, MO home as collateral and paying Cox Bail Bonds in St. Charles $1,500.

But Peabody contacted Cox Bail Bonds in August 2008 to tell them he no longer wished to provide the bond for Pinion. That meant Cox Bail Bonds would have to pay the City of St. Louis $30,000, the full amount of her bond, unless Cox caught Pinion, who was now a fugitive.

Peabody also owed Cox at least $1,500, half of the 10-percent fee Cox charged for posting Pinion’s bond.

When the four bounty hunters broke into the hotel room, they found Peabody there with Pinion. In fact, Peabody had paid for the hotel room with his credit card, which is how they tracked the couple to the Maryland Heights hotel.

A probable cause statement submitted by Maryland Heights Police claims that Jerry and Jim Cox told the four bounty hunters--Morris Davis, Kevin Grillion, Dennis Weatherford and Erik Nolan--to bring Peabody into the Cox Bail Bonds office in St. Charles.

According to the lawsuit complaint filed by Bagsby, Jerry Cox told the bounty hunters to bring Pinion to his office--not Peabody. The document states that the bounty hunters handcuffed Peabody and Pinion and took them both to Cox Bail Bonds, while another bounty hunter drove Peabody’s car to the bondsman’s office.

Only Pinion had a warrant for her arrest. Dunne said that the bounty hunters handcuffing and taking Peabody into custody amounted to kidnapping.

The disagreement is over whether Cox gave the order.

“There’s absolutely no evidence that Jerry Cox ever told the bounty hunters to take Mr. Peabody into custody,” Bagsby said.

The bounty hunters’ lawyers won’t let the attorneys talk to their clients, Bagsby said. Patch was unable to contact three of the bounty hunters. Phone calls to the last known address for Erik Nolan were not returned.

Bagsby said the bounty hunters were independent contractors operating under a contract. They acted on their own when they handcuffed Peabody and drove him in to Cox Bail Bonds, he said.

However, Maryland Heights attorney Peter Dunne said the bounty hunters were working under a contract for Cox and took orders from him.

“My understanding was that they called in to tell the Coxs they had two people in their custody and said they were instructed to bring them both in,” Dunne said. “The late Mr. Gerald Cox has admitted this.”

When told that Bagsby said there’s no evidence of this, Dunne said, “He’s mistaken if that’s what he believes.”

Bagsby said Jim Cox was at home in bed at the time, unaware of what was going on with the case, and there never was a reason to accuse him because his father handled the situation.

Bagsby said Peabody cannot be relied upon as a witness.

 “Mr. Peabody changes his story depending upon whom he’s talking to. He’s told too many different versions to be a credible witness,” he said.

Bagsby also said that Peabody was harboring a fugitive. He knew there was a warrant out for Pinion’s arrest, and that’s why they were hiding, he said.

“That’s a crime in itself,” Bagsby said. The bounty hunters may have believed that was reason enough to hold onto Peabody, he said.

Dunne said that what happened ought to be obvious.

“I can only say that the relationship between Mr. Cox and these gentlemen that were in his employ, acting on his orders. It’s clear, I think, that any reasonable bounds were overstepped. That’s the reason that probable cause existed to charge these men,” he said.

Five days later, Peabody’s mother, Arlene Taylor, came in to pay Cox the $5,500 he demanded.

The lawsuit complaint states that Taylor thanked Jim and Jerry Cox “for not executing upon her son’s house, and delivered what she characterized as her award-winning banana nut bread.”

Investigation begins

A few weeks later, the Maryland Heights Police Department learned what happened at the La Quinta Hotel. After talking to Peabody, Pinion and Taylor, the department arrested the four bounty hunters and Jerry and Jim Cox.

The Coxes and the four bounty hunters were charged with kidnapping, burglary, theft, tampering--for taking Peabody’s car to Cox Bail Bonds--and failing to inform police of an apprehension. Bail bondsmen are required to notify local police they are going to take someone into custody so police are aware of the operation and don’t mistakenly intervene.

Bagsby said the bounty hunters mistakenly believed they were in Ladue. Instead of contacting Maryland Heights Police that they were about to apprehend a fugitive, they notified the Ladue Police, he said.

Bagsby said that Peabody was hiding a fugitive--a crime in itself. But Peabody was never charged by Maryland Heights--only the bail bondsmen, Jim and Jerry Cox.

“That’s where the Maryland Heights Police show what their motives are,” Bagsby said. “Here they have in their hands someone who was hiding a fugitive, caught red-handed. But they never charge Peabody. Instead, they go after the Coxes.”

The lawsuit charges that the police officer in charge of the investigation Lt. Joe Delia, knew Jim Cox. Cox is a former Florissant Police officer, and both he and Delia worked on the Major Case Squad of Greater St. Louis. It claims Delia had a vendetta against Cox.

“While working with Delia, James Cox made Delia clearly aware that he thought little of his investigative skills,” the lawsuit complaint reads.

Charges against the Coxes were later dropped. But the bail bondsmen pleaded guilty, mostly to lesser charges.

“The only thing that motivated any of the police officers in this case were the allegations that crimes were committed,” Dunne said. “And there clearly were crimes committed. That’s why probable cause existed to charge these men, and there was probable cause to charge Gerald and James Cox,” he said.

The bounty hunters each pleaded guilty to lesser crimes. All four pleaded misdemeanor trespassing or failure to notify law enforcement of the apprehension and received fines. Davis, who was on probation, also pleaded guilty to misdemeanor false imprisonment and tampering with a vehicle, a felony, and received a 3-year sentence.

Bagsby said the Coxes provided contracts demonstrating the bounty hunters were contract workers, not employees, so Cox Bail Bonds was not liable for their actions.

The attorney questioned why Jim Cox was charged or questioned at all.

“He was at home asleep while all this was going on,” Bagsby said.

He said Maryland Heights Police went overboard, releasing statements to the media and contacting the City of St. Louis court clerk’s office informing them of the charges against the Coxes.

“Why is a police officer contacting a city clerk’s office to inform them of anything?” Bagsby asked.

The St. Louis circuit clerk’s office revoked Cox Bail Bonds permit and other court clerks followed suit. It effectively prevented the Coxs from operating their business until the charges were dropped. At the time the lawsuit was filed, Cox Bail Bonds lost approximately $174,000 in business, according to the complaint.

Bagsby said the damage to the business and Cox’s reputation has cost them, even after they were reinstated.

Dunne said the police are being prosecuted simply for doing their jobs and investigating a case where there was probable cause. The fact that the bounty hunters pleaded guilty clearly demonstrates that fact, he said.

“The allegation that there was something other than a desire to see that the people involved in these crimes is plainly an attempt to build their case,” Dunne said. “The police officers were motivated only by a desire to investigate the crimes committed.”