St. Cloud man gets probation for falling asleep on baby while drunk, suffocating the boy

ST. CLOUD – A St. Cloud man who was “significantly intoxicated” when he fell asleep in bed and accidentally suffocated his baby boy four years ago was sentenced this week to five years of probation.

Joshua A. Cox, 37, was charged last year with two counts of second-degree manslaughter in connection to the death of 7-month-old Meyer A. Cox at the family’s home in the 1700 block of Roosevelt Road.

According to the criminal complaint filed in Stearns County District Court, the boy’s mother called 911 at about 3:30 a.m. after returning home from work on Sept. 22, 2021, and seeing Meyer on his stomach and her husband’s head on the child’s back.

She told police she called her husband at about 10 p.m. the previous night and “could tell by [his] voice that he was intoxicated,” the complaint states.

Officers and other emergency responders attempted lifesaving measures but the boy, who was described as not breathing and cold to the touch, died at the scene. An autopsy found Meyer died from asphyxia due to unsafe sleeping conditions.

Cox told officers Meyer and another one of his children went to bed with him at about 11:30 p.m. the night before; he said he placed Meyer on his back in the bed even though a baby bed was nearby.

Police collected a blood sample from Cox just after 8 a.m. and a test revealed a blood alcohol content of 0.128%. He admitted to having a “significant problem with alcohol consumption” but believed he had it under control, the complaint states.

Officers at the scene saw bottles of Fireball whiskey and other alcohol throughout the residence and said the home was extremely cluttered and “nearly unlivable due to various other hazards,” the complaint states.

On Wednesday, Judge Shan Wang sentenced Cox to five years of probation, the terms of which include undergoing chemical dependency treatment as directed and not using alcohol or drugs.

Cox previously pleaded guilty to one count of second-degree manslaughter, a felony, as part of a plea agreement that dropped the second count; court documents state successful completion of probation will result in a misdemeanor conviction.

The sentence is a downward departure from normal sentencing guidelines, which was recommended by court services and not objected to by the state. Court documents state Cox is “particularly amenable to probation” and has the support of his family.