A Cushing man facing a felony charge of Aggravated Assault and Battery has waived his right to a preliminary hearing, court records show.
Cody Dale Masters, 31, was formally charged in Lincoln County District Court with the felony on March 3 following his arrest by Lincoln County deputies in late February.
Court records show Masters, during a prepreliminary before Special Judge Emily Mueller on Friday, April 9, along with prosecutors waived his right to a preliminary hearing. Judge Mueller set his arraignment for 1:30 p.m. on April 27.
Judge Mueller on Feb. 25 set a $5,000 bond for Masters with the stipulation he have no contact with the victim.
Masters is accused of beating and kicking Shawn Aucoin, a person he knew to be of decrepit health due to a heart condition. The alleged offense reportedly happened on Feb. 23 of this year.
A protective order was filed on Feb. 24 against Masters by the victim. Judge Mueller had scheduled a hearing on it for March 25, court records show.
Judge Mueller issued a permanent protective order on March 25.
In supplemental information filed by the District Attorney’s Office, prosecutors state Masters was convicted on Aug. 17, 2017 in Payne County of Child Abuse by injury, a felony, and sentenced to one year in the custody of the Department of Corrections.
In a probable cause affidavit Lincoln County Deputy Christopher Hyde reports he and Deputy Jim Brown on Feb. 23 were dispatched to 800780 S. Highway 18 to a verbal altercation that had occurred between Masters and Aucoin.
When the deputies arrived around 9 p.m. they made contact with Aucoin. He reportedly told them Cody Masters had been drinking heavily that day and that he was packing his belongings to leave and he wanted them to standby to avoid a physical altercation.
Hyde said he and Brown entered the residence and talked with Masters who appeared to be heavily intoxicated and agitated. He told them he was leaving the residence and going to pack his belongings while they were present.
However, he delayed the process for about 30 minutes and the deputies had to leave the residence.
At 10:36 p.m. the two deputies were dispatched back to the residence because of a reported ongoing physical altercation between Masters and Aucoin. Hyde said he and Deputy Kevin Roe arrived at 10:45 and made contact with Masters and Marissa who were on the front porch.
According to the affidavit, the deputies noticed Masters’ face was extremely red as if he were agitated. They advised him to step off the porch to speak to Deputy Roe. Masters declined to do so several times but finally did.
The affidavit states Marissa and her stepmother Shari Aucoin described what had taken place and that Masters and Shawn Aucoin got into a verbal argument outside the residence that continued as they went back inside.
They said the verbal confrontation reportedly became physical, Aucoin fell to the ground and Masters allegedly kicked him multiple times in the side and left side of his head.
Hyde talked to Aucoin and he stated to the deputy what Marissa and Shari had related to him. Hyde said he checked Aucoin for injuries and he had blood coming from his left ear and redness to the exterior of his left arm along with a bruise and redness forming on the interior of his bicep.
The deputy said he talked with Masters who related Aucoin had come outside and a verbal altercation took place that turned physical but couldn’t recall the details of it.
Hyde advised Masters that due to the injuries Aucoin had sustained along with witness statements he was under arrest for aggravated domestic assault and battery. He transported Masters to the Lincoln County Jail in Chandler while Roe stayed on the scene to collect statements.