A jury was chosen last week but never sworn in for the case State of Kansas vs. Tanner James Cox in Barton County District Court. 

In 2020, Cox was charged with possession of methamphetamine, a Level 5 Drug felony, along with a misdemeanor charge of domestic battery. A three-day jury trial was scheduled to start on Oct. 11 before District Judge Carey Hipp.

According to court records, the state discovered new evidence that had not been provided to the defense, so the case was dismissed without prejudice, which means it can be re-filed.

Barton County Attorney Levi Morris said whether or not he re-files this case will depend on what happens with the first of two other pending criminal cases in which Cox is the defendant.

In October 2020, Cox, who was 32 years old at the time, was arrested and charged with multiple counts of rape, aggravated kidnapping, and attempted second-degree murder and aggravated battery. This case is currently scheduled for a November 14 jury trial.

If Cox is convicted of this case, Morris said he probably won’t re-file the drug case. 

A third case filed this year stems from when Cox was in jail. He was charged with two counts of aiding and abetting aggravated battery. That case is scheduled for a preliminary hearing before the end of the year.