PLEA DEALS SEPARATE & UNRELATED TO GYM RAID
By: Sachet A. Sullivan
Bevan Cox, 45, the owner of Retro Fitness in Cedar City accepted two plea agreements with the Iron County Attorney’s Office on Tuesday.
As part of the resolution, Cox pled guilty to charges related to incidents in 2023, when he was arrested by the Cedar City Police Department (CCPD) for allegedly brandishing a firearm and threatening suicide while under the influence of cocaine.
Cox was originally charged and arrested on July 26, 2023, for being in possession of cocaine and a firearm. An additional charge, a class A misdemeanor of threatening to use a dangerous weapon in a fight or quarrel was filed in a separate case in the fall of 2023. Both altercations involved Cox’ now ex-wife.
The July arrest left Cox facing two third-degree felonies for possession of a firearm by a restricted person and a class A misdemeanor for possession of a controlled substance. He also faced two additional class B misdemeanors for possession of paraphernalia and driving under the influence of a measurable controlled substance.
The additional class A misdemeanor was filed by the Iron County Attorney’s Office in October for threatening to use a dangerous weapon in a fight or quarrel. The charge was in relation to another incident that occurred in June.
Under the terms of the plea deal, Cox pled guilty to two class A misdemeanors for possession of cocaine and attempted purchase, transfer, or use of a firearm by a restricted person. His October charge was also amended to reflect “attempted” threat to use a dangerous weapon in a fight of quarrel.
Cox has not yet been sentenced in either case but agreed to serve 60 days in jail, beginning on January 10th, when he turned himself in to authorities on a separate issue. The Court also gave Cox credit for time previously served in jail. He is expected to be released in February after serving 60 days and his sentencing will occur on March 25th.
As part of the plea agreement, Cox must complete a mental health and substance abuse evaluation and undergo a pre-sentence investigation (PSI). Following the PSI, he is expected to be placed under the supervision of Adult Probation and Parole.
“Mr. Cox is pleased to have resolved the 2023 matters and is excited to move forward. He’s thankful for all the support and understanding he’s received from the community as he has worked through some difficulties,” said Jack Burns, attorney for Cox.
COX’ ARREST IN DAVIS COUNTY AND PRETRIAL DETENTION
While Cox was dealing with legal matters in Cedar City, he was arrested again in Layton on Jan. 1 for an altercation involving an ex-girlfriend. The Davis County charges led to complications with the existing pretrial release conditions in Iron County.
After the charges were filed in Davis County, Cedar City Police officers spoke with the ex-girlfriend in a lobby call regarding the reported allegations. Authorities followed up the call by visiting Cox at the gym and later secured a search warrant for the premises.
The affidavit supporting the search warrant appeared to rely heavily on a report made by the ex-girlfriend. However, police also alleged to see a “white powdery substance” on Cox’ desk they claimed to ”identify” as cocaine. Further testing of the substance proved negative. No drugs were recovered in the raid.
“In plain view, a white powdery substance was (found) on the desk, the floor, and (found) an empty pen containing a white powdery substance. Based on our training and experience, this substance was identified as cocaine,” the affidavit stated.
The Zion Times (TZT) asked Sgt. Justin Ludlow, Public Information Officer for the Cedar City Police Department, why Cox wasn’t charged with possession of a controlled substance or paraphernalia if both were “identified” and used for obtaining the search warrant.
“The substance was tested after the warrant was executed, and the results came back negative for cocaine,” Ludlow said.
As a result, Cox was never charged with any offenses related to the raid that shut down his business for nearly four hours.
Police also searched gym guests who were present at the time of the raid, despite the warrant not authorizing such searches. Officials later stated the guests had “voluntarily” consented.
Despite nothing being found during the search to support the ex-girlfriend’s allegations, the state filed a Request for Pretrial Detention on the same day as the raid, arguing he violated the terms of his pretrial release on the 2023 cases when he was arrested in Layton on New Year’s Day.
The prosecution also pointed to several other factors in their request for pretrial detention, including allegations of domestic violence, suicidal thoughts, firearms, narcotics, and alcohol use. All points that Cox’ attorney characterized as issues in 2023 and not in 2025 in the opposing memorandum.
The memorandum also claims that the ex-girlfriend, who provided the initial report, threatened to accuse him of everything his ex-wife did in the 2023 incidents after he ended the relationship with her.
Tuesday’s resolution brings an end to Cox’ 2023 cases. However, he still awaits trial for the charges pending in Davis County.
READ ORIGINAL STORY ON RAID HERE:
Leave a Reply