On Tuesday, Cody Mallett’s plea hearing was reset for Tuesday, July 29 at 1:30 p.m. in the 22nd Judicial District. Mallett is suspected of crashing into the brick retaining wall at Shiloh’s Steakhouse in May of 2024 after allegedly passing out at the wheel.
Marijuana and open alcohol containers were found inside the vehicle, according to police reports.
Mallett’s original plea agreement was rejected by the court on July 1, and it was deemed that a diversion is not possible in the case, because of the nature of the charges.
As a new plea had not been discussed with Mallett before the hearing in Montezuma County Court on Tuesday, Judge Ian MacLaren agreed to push the plea hearing back to the end of July to allow time for a new plea deal to be made. Mallett, who was released from jail on bond, appeared via Webex.
The incident occurred around 3 p.m. on May 9 in the parking lot at Shiloh’s Steakhouse, 5 S. Veach St., according to Cortez police.
Mallett, of Arizona, was driving a Nissan Altima before he reportedly passed out and struck a Chevy Silverado on East Main Street, lost control and careened through the LivWell Marijuana Dispensary driveway before hitting a Nissan Rouge, a Chrysler Sebring and a Jeep Grand Cherokee in the LivWell and Shiloh’s parking lots.
His vehicle went airborne twice, according to the police report, narrowly missing bystanders Kirby and Jodi Case, before smashing into the steakhouse’s parking lot wall.
Mallett pleaded not guilty in February to reckless driving and DUI charges, and a jury trial had originally been set for the end of June.
