Brian Foss

A Cody man appears to be fighting charges of aggravated assault and strangulation of a household member, requesting a jury trial for the case.

Brian Foss has moved forward with allowing Park County district court to schedule a five-day jury trial set to begin March 30, 2020. Jury trial cases are rare in Park County as most defendants settle for a plea deal. Doing this saves them and the state significant legal costs.

Foss is accused of smashing his girlfriend’s head against a car console and dragging her by the hair, causing a life threatening brain injury on New Years night 2019.

When the victim went to West Park Hospital on Jan. 2-3, it was discovered from brain scans she had suffered an intracranial contusion and traumatic hemorrhage, also known as brain bleed, Cody Regional staff wrote. She told deputies she visited the hospital because she could not chew, talk or open her mouth without pain.

Foss and his lawyer, Scott Stinson, have questioned the legitimacy of the victim, Rebecca Varian’s accusations.

“I have no intention of disparaging Ms. Varian here, but a lot of what’s in that information is basic he said-she said type of information,” Stinson said at an arraignment hearing. “Based on my understanding of the historical nature of the relationship here, both Ms. Varian and Mr. Foss seem to take equal parts in engaging in conduct that is not stellar.”

Foss also requested copies of the CT scans from Cody Regional Health and those scans were delivered to the defendant on July 25. The court granted him a continuance in order to obtain an independent evaluation of the scans and to investigate the case and develop arguments.

Park County sheriff’s deputies Tom Toohey, Andy Varian and Clay Creel, as well as Rebecca Varian, Dr. John Murray and Dr. Gregory Cross have been subpoenaed to provide witness testimony in the case.

In a separately charged misdemeanor case from the night of the alleged actions, Foss pled guilty to property destruction under $1,000, with a charge of criminal entry dismissed in circuit court. After allegedly causing property damage at a Sheridan Avenue house where the victim was at, Foss took her with him to his home, just west of the Buffalo Bill Reservoir.

From that sentencing on Monday, Foss was issued $255 in court fees and six months unsupervised probation.

If found guilty on all felony charges, Foss could face up to 20 years in prison and $20,000 in fines.

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