A Cortez man arrested April 7 faces four class five felony charges and driving under the influence among other charges after he was pulled over by police officers and found to be wearing body armor, intoxicated and in the possession of multiple firearms.
The man, identified as Jonathan Berry, was pulled over on Main Street in downtown Cortez. According to an incident report from the Cortez Police Department, Berry ran a red light and nearly struck a parked car before parking behind a house on South Broadway.
Officer Kristin Cannon of the Cortez Police Department reported that she approached the vehicle, and demanded that the driver stop. When she approached on foot, she said she saw that Berry was wearing a body armor vest and had multiple magazines and firearms on his chest and in the waistband of his right hip.
While Cannon, Sgt. Angela Martinez and Sgt. Brett Jarmon arrested Berry, Cannon said he repeatedly told them he had stolen the car. He said he didn’t know whom he had stolen the car from, where he had come from or where he was going.
After inspecting the car, the officers found a sawed-off shotgun in the trunk of the car, along with a cardboard target, multiple bullets and a tactical bag with a few items inside.
Once they found Berry’s wallet and ID, they realized there was an active warrant out for his arrest.
After failing to satisfactorily complete roadside sobriety maneuvers, Berry was taken to the hospital to have his blood drawn. He told officers he had multiple drinks throughout the day. While at the hospital, he repeatedly asked both officers present to shoot him.
According to the incident report, Berry told officers his fiancee “was going to pay the price,” as well as saying another expletive-laced statement that Cannon said she saw as a threat toward Berry’s fiancee. Berry also told them he had stolen the car and one of the guns from his fiancee and that they have a 1-month-old child.
“It seems like a potentially bad situation was interrupted. He had the vest on he was armed with a couple of guns more in the truck. He was intoxicated and in kind of a bad mood. So, I think absolutely, we interrupted something,” Assistant Chief Andy Brock said.
Berry was convicted of a felony in Montezuma County Combined Courts on July 18, 2018, and he cannot be in possession of a firearm. Because he is a felon, he also could face a charge for possessing body armor. His driver’s license was also revoked after his felony conviction in 2018.
Once he received medical clearance from the hospital, Berry was transported to the Montezuma County Detention Center. After arriving at the jail, Berry provided a required breath sample that showed a BAC of 0.151.
Police suspected Berry of DUI, driving while his license was under revocation, possessing open alcohol containers in a vehicle, reckless driving, possession of a weapon by a previous offender, possession of an illegal firearm, possession of a weapon while under the influence, theft and domestic violence.
He was later charged with four Class 5 felony charges for weapon possession previous offender, as well as charges for prohibited weapon use while drunk, criminal possession financial device, driving under the influence, failure to obey a traffic control device and reckless driving.
At his hearing on April 25, Berry’s lawyer asked Judge Todd J. Plewe of the 22nd Judicial District for a bond motion to lower Berry’s bond from $25,000 to $5,000. Her reasoning was that Berry was the main supporter of his family, and supports his fiancee and child.
Because Berry’s fiancee said she did not feel he was a threat and could come home if released on bond, Plewe removed the protection order against Berry, saying it wasn’t a domestic violence case.
Berry’s boss also said he would still have a job upon his release.
Because Berry only has one prior conviction and this is his first DUI, Plewe granted the bail request, with the caveat that Berry stay away from alcohol and possess no weapon.
Berry’s plea hearing is May 23 at 11 a.m.
