MURRAY – Jonathan “Cody” Mason, known to many as “Cowboy Cody,” was back in Calloway District Court this morning. As was suggested during last week’s arraignment, Judge Randall Hutchens agreed to amend Mason’s bond but required him to begin inpatient treatment for substance use disorder as a condition of his release. Now, he is on house arrest until he can begin treatment.
Prior to last year, the 40-year-old had no criminal record. Mason made national headlines in December when videos of him fleeing police on a mule went viral, but that paled in comparison to the attention he garnered last week after allegedly releasing a raccoon inside a local bar.
With three misdemeanor cases already pending in district court, Mason was arraigned on new charges – three misdemeanors and one felony this time – related to an incident that took place at the Big Apple Grill and Bar on Friday, June 6.
According to affidavits taken from witnesses at the scene, which were obtained through an open records request and provided to The Sentinel, Mason first tried to enter the bar with his dog but was met at the door by a bartender who reminded him that he was trespassed from the property.
“A man with a beard, sunglasses, and a cowboy hat asked me to open the door and I did,” one witness wrote. “He then threw a live raccoon into the restaurant. I was behind the door and didn’t see much.”
But several others did. From the front door, the raccoon ran into the dining area, according to the affidavits. One employee attempted to catch the animal after donning leather gloves, but it bit him. Using a towel, the bartender was able to grab the animal, remove it from the establishment and released it.
Witnesses attested to seeing Mason drive away in a red truck with a horse trailer in tow after he released the raccoon. According to the uniform citation from the incident, the Murray Police Department (MPD) was dispatched to the Big Apple at approximately 9:18 p.m., and while en route, officers spotted the vehicle, pursued it and conducted a traffic stop.
Initially, Mason refused to roll down the windows to speak to the officers, the uniform citation states. After breaking the driver’s side window with a window breaker, officers removed Mason and took him into custody. Meanwhile, the truck, which was in neutral, rolled backwards into an MPD unit, causing damage to the vehicle.
The Calloway County Sheriff’s Office was contacted to file an accident report regarding the collision, and during that process, it was discovered that the truck was not insured.
Mason was lodged in the Calloway County Detention Center and charged with second-degree assault, a class C felony; third-degree criminal trespassing, a class B misdemeanor; resisting arrest, a class A misdemeanor; and failure of owner to maintain required insurance, first offense, a class B misdemeanor.
At his arraignment last week, attorney Mitchell “Mitch” Ryan asked Hutchens to consider reducing his bond or allowing him to be released to home incarceration, but the judge declined, noting that he might consider it at the preliminary hearing, which was held today.
This morning, it was apparent the parties were negotiating with Ryan shuttling between the prosecutor’s table and the holding room, presumably speaking with his client. At one point, Hutchens and counsel left the courtroom and met privately for several minutes. When Mason’s cases were called, Ryan advised the court that the parties reached an agreement concerning his bond conditions, including a requirement that he begin the inpatient substance abuse treatment program at Neartown Recovery, in Kirksey.
“I had a lengthy discussion with your attorney and the prosecutor about this case and the other things, and I’m going to tell you what I told them,” Hutchens told Mason. “I suspect that there’s some alcohol (self-medicating) going on because alcohol’s involved in one form or another in almost every (case) in front of me, but I also think that there’s some mental health treatment that’s appropriate for you in these cases.
“I think you probably need to be on some kind of appropriate medication for whatever medical problems you have, but I also think that you don’t need to be mixing it with alcohol because that’s got to stop. You apparently were otherwise a law-abiding citizen until just a few months ago; and I think that there’s a problem here, and we need to address it.”
Hutchens agreed to amend Mason’s bond from $5,000 cash to 10%, or $500, and added the following conditions:
- Do not consume alcohol,
- Continue counseling at Emerald Therapy,
- Report to Neartown for inpatient treatment and comply with requirements to successfully complete that program,
- Do not return to the Big Apple Grill and Bar,
- No new arrests,
- Be subject to random drug screens, and
- Remain at home on home-incarceration until beginning inpatient treatment, which Hutchens advised he expected to be done within seven to 10 days.
“In addition,” Hutchens said, “if law enforcement pulls you over for any reason, I expect you to be cooperative and not have any more problems because we’ve had problems in a couple of these cases, and I’m not going to keep putting up with that, OK?”
Hutchens set a pretrial conference in all four pending cases for Wednesday, July 9, at 9 a.m.; however, he also noted that, if Mason is in the Neartown program at that time and proof of such can be provided, it may not be necessary to have that hearing.
“Mr. Mason, I don’t want any additional problems,” Hutchens warned. “I would ask you to address this (in) the way it needs to be done – you get your mental health counseling; see whatever medical provider you have to get whatever medicine for whatever your medical problems are; and that you stop drinking, and you address that problem. Do you understand what I’m telling you? If you do everything I ask you to do and, hopefully, stay out of trouble this time, we’ll resolve this in one way or another. … Good luck.”
The saga of “Cowboy Cody” began on Dec. 7. That night, after riding his mule in the annual Rotary Light-Up Christmas Parade, he rode the animal to the Big Apple, tied it up outside and went in.
Later that night, an employee contacted MPD over concerns about the animal’s welfare. According to the uniform citation, Mason allegedly brought a whip into the bar and told the employee he used it to “break” his mule in. The employee observed Mason’s mule tied to the loading dock, improperly haltered and appeared to be “tired and sweating hard.” The employee also told officers she saw Mason whip the mule an “unnecessary” number of times as he rode away. Mason was charged with second-degree animal cruelty, a class A misdemeanor, in that case.
After leaving the Big Apple, Mason went to another local bar, Tap 216. According to the other uniform citation issued that night, MPD responded after receiving a call that Mason, who had reportedly been asked to leave multiple times, was yelling and cracking a bull whip at patrons.
Mason was arrested and charged, in a separate case, with six counts of second-degree disorderly conduct, a class B misdemeanor; six counts of public intoxication, a class B misdemeanor; third-degree criminal trespassing, a class B misdemeanor; and resisting arrest, a class A misdemeanor.
Mason was released on his own recognizance the next day, according to court records, but because Mason rode the mule to Tap 216, it was confiscated when he was arrested and stabled at the Calloway County Animal Shelter.
The following Monday, MPD was dispatched to East Sycamore Street, near the animal shelter, about a possibly intoxicated man riding a mule a down the road, according to the uniform citation. Mason allegedly refused to dismount the mule and fled west down East Sycamore Street, turning right on Fourth Street. MPD apprehended him in the parking lot of the Hih-Burger restaurant and charged him with two class A misdemeanors, third-degree fleeing or evading and second-degree animal cruelty, in a third case.
Mason was arraigned in all three cases in Calloway District Court on Dec. 10. At the time, Hutchens expressed concerns about the fact that the defendant was out on bond in two cases when he was arrested, adding that a condition in one of those cases was to stay away from the mule. Mason interrupted the judge to say that Seargent Dustin Bevil told him to retrieve the mule.
“He was living in the dog pound, boss,” he added, seemingly distraught. “He doesn’t even like dogs. That was a horrible place for him.”
“He may have told you to do that, but I told you not to,” Hutchens replied. “And I’m the one who decides these things.”
Assistant County Attorney Casey Naber chimed in, advising there was some truth to Mason’s claim. He acknowledged speaking with the officers involved that Sunday but, at the time, was under the impression that all of the charges were in one case, not realizing the animal cruelty charge was a separate case.
The animal shelter is not equipped to commodate livestock for extended periods of time. After he was released, Mason was contacted about moving up the arraignment date in order for Hutchens to set conditions regarding the treatment of the mule so that it could be released from the shelter.
Noting that the conditions of the bond included no contact with the mule as well as no new arrests, Hutchens said he was inclined to revoke all bonds “because of what happened yesterday.”
“Please, sir,” Mason interrupted.
“Now, let me talk for a minute,” Hutchens said. “When I let people out on bond – if it isn’t a violent offense or some kind of serious felony – I try to release people under reasonable conditions. Among them, I expect people not to get in more trouble while they’re out on bond. Do you understand what I’m saying?
“I have an obligation to you and every member of the public to keep the peace as best I can, and among my ways of doing that is to tell people they can’t do certain things and, most important of all, stay out of trouble while your case is pending because I have to assume you’re not guilty – and I do assume you’re not guilty – but I expect you not to get arrested again while we’re trying to figure that out. So, that creates a problem for me.”
“You Honor,” Mason said, “I just need to get that mule home, buddy. I told them that I’ve got a horse trailer to put him in…”
“Look, if you’re accused of being cruel to this animal, I can’t let you around the animal; that’s just the way it is,” Hutchens said. “You can’t get in more trouble while you’re out on bond before we can decide if you’re guilty of any (these charges). If you can’t stay out of trouble, Mr. Mason, then I have to leave you where you are.”
Hutchens also took issue with allegations that Mason was intoxicated when he was arrested the second time, citing that no alcohol consumption was also a condition of his bond.
“Sir, I blew zeroes,” Mason said. “I have brain damage, sir. They thought that I was messed up.”
Hutchens asked the defendant how far his residence on Higgason Lane is from the Big Apple. Mason replied that it is “a pretty good ways” but explained that the mule was transported to town in a trailer on Saturday to participate in the Rotary Christmas parade.
Referring to the charging documents, the judge noted that some of the allegations concern the condition of the mule, in terms of exhaustion, adding, “It (appears) you rode it a pretty long ways.”
“He’s a pretty tough mule,” Mason said. Hutchens replied, “That may be, but even a tough mule like me can get tired.”
The conundrum for Hutchens was that Mason is a rancher and to restrict him from having contact with any animals would create a different problem.
“So, I’ve got to put some rules on you that you’ve got to follow,” he told Mason, “and if you don’t follow them, you’re going to lose all of your animals.”
Ultimately, Hutchens set the following bond conditions: refrain from using alcohol, not have any new arrests, appear in court as directed and stay away from Tap 216. In addition, he cannot abuse any animals or ride any of his livestock to the point of exhaustion and must keep his animals appropriately fed and housed. He is forbidden from having any contact with the mule in question.
“Please don’t, sir!” Mason pleaded. “He hates dogs. Please, sir. He needs to be home with his owner and his friends. That’s where he’s happy, sir.”
“I’m not going to argue about this,” said the exasperated judge. “You either get out of jail or you don’t, and one of the ways you don’t is arguing with the judge. … You’ve got two counts of abusing this animal – which may or may not be valid – but I’ve got to protect the animal in the meantime. Period. It’s a commonsense thing.
“No contact with this particular mule. I’ve taken it; you can’t have contact with it, at least while the case is going on. If you’re found not guilty, obviously, you get to have him back. It’s a commonsense thing – if it was a person, obviously, you couldn’t have contact with them. It’s the same principle.”
“Are you going to stay out of trouble until we get this case resolved?” Hutchens asked. Mason agreed before the judge continued. “Alright, I won’t revoke your bond today. If you get arrested again, you’ll sit there until next month. Do you understand me?”
Hutchens set a $2,500 surety bond, which was posted later that day.
Individuals charged with crimes are presumed innocent until proven guilty in a court of law.
