OSAGE COUNTY — Cody Austin Deluca, 22, of St. James was charged with unlawful use of loaded weapon while intoxicated on May 2, following an April 26 incident where he allegedly threatened a group of people at gunpoint.

Linn Police Officer Jacob Cottingham’s probable cause statement noted he was contact by Osage County Communications at 2:30 a.m. on April 26 regarding a report that two white males in a red Mazda convertible had brandished a firearm at people, at the Northview Apartments. Osage County Communications advised that the suspects had already left the scene and were possibly headed toward St. James.

As other law enforcement personnel had been dispatched to look for the vehicle, Cottingham responded to the apartments to meet with two of the victims/witnesses.

The victims told Cottingham the altercation was the result of a verbal argument over a bottle of Malibu (alcohol). All parties identified Deluca as the suspect, and said that during a party, Deluca had taken the bottle of Malibu, which did not belong to him. When they attempted to get the bottle back, Deluca had taken his firearm from his waistband, using his right hand, and brandished it toward everyone, causing everyone at the party to flee and hide.

Deluca allegedly left the party, but returned again. Witnesses said Deluca got out of his vehicle with his gun in his hand, then got back in his car, resting the gun in his lap. Although he apparently did not point the gun at anyone that time, “witnesses claimed to be in fear for their safety because Deluca exhibited his firearm in an aggressive and threatening manner.”

The PC statement went on to say that the victims felt they were in immediate harm when Deluca had his gun in his hand.

“They expressed they felt Deluca would knowingly cause physical injury to them with a deadly weapon,” Cottingham wrote. “They expressed they felt Deluca would use his firearm to cause immediate physical harm to them and others that were hiding behind vehicles at the party.”

Missouri State Troopers located the vehicle on Hwy. 89 South, with Deluca as the driver. After he was transported to Osage County Detention Center for suspicion of driving while intoxicated, his breath was tested on the Intox instrument and Deluca’s blood alcohol content resulted in 0.149%.

Cottingham interviewed Deluca at the jail, where the defendant allegedly implied he showed his weapon in self-defense.

“During my interview with Deluca,” Cottingham wrote, “he advised me that he was being surrounded by the four above mentioned males, and he lifted his shirt to show the firearm he was carrying. Deluca explained that he yelled to the above four males to ‘Get the f--- back. I have this here.’”

Also during the interview, Deluca allegedly claimed the bottle of Malibu be longed to his buddy, and “he was keeping it for him.”

“Later, as I cleared the firearm, I observed the magazine in the firearm to be loaded with (six) 9mm Hollow Point ammunition known for its lethal stopping power upon impact with flesh,” Cottingham continued.

“(The) aggressive statements, positive tests from Missouri State Highway Patrol confirming blood alcohol content of 0.149%, and being confirmed in possession of a deadly lethal weapon such as a firearm, confirm he was in unlawful use of his firearm,” Cottingham concluded.

Deluca pleaded not guilty and was released on $10,000 bond (cash or surety). The special conditions of his bond require that he break no laws, have no contact with the victims, surrender all weapons to the Osage County Sheriff’s Office within 24 hours of his release and not purchase, possess, receive, or transport any firearms, ammunition, explosives, or other deadly weapons, and shall obtain/maintain employment.

The probable cause statement noted that Deluca has a 2023 conviction for Driving Under the Influence (DUI).

Deluca is scheduled to appear for a bond hearing before Judge Sonya Brandt at the Osage County Courthouse on May 20 at 10 a.m. He is being represented by Lance Thurman of Williams, Robinson, Rigler, & Buschjost of Rolla.