Mixon appeared in a striped blue and gray shirt with stars etched into the side of his low-cut hair. After the state request a $1,000 bond and no contact with any of the state’s witness, Judge Steve Stice released Mixon on his own recognizance with the no-contact stipulation still in effect.
No plea was entered Monday, and Mixon is required to go through the booking process by 4 p.m. but will not be in jail.
Mixon’s attorney Kevin Finlay cited that Mixon was in court for the first time in his life, he willingly appeared, attained a lawyer and the charge was just a misdemeanor as reasons for the lack of a need for bail.
“He would have been in class, if he didn’t have something else to do today,” Finlay said.
Judge Stice asked the state attorney why he requested a bail without a warrant, and Stice ultimately came to the conclusion that there was no evidence that Mixon was a flight risk.
Mixon, who left in a black van, is next due in court at 9 a.m. on September 23 for a misdemeanor sounding docket.
The judge, who acknowledged Oklahoma’s independent investigation, said that the video of the incident, when Mixon punched a 20-year old OU student, Amelia Rae Molitor, in the face, is not to be released or viewed in a private viewing party by any private entities until the judicial process has run its course.
Molitor suffered fractures to multiple place in her face and was knocked unconscious allegedly by Mixon when the two met in the early hours of July 25.
“While we recognize that Joe has not been charged with the crime of assault and battery, we are still very disappointed that the Cleveland County District Attorney's office chose to charge Joe with a misdemeanor for grossly disturbing peace or public decency,” Finlay said after charges were issues last Friday. ““As we have maintained from the beginning, it is our belief that Joe reacted instinctively after being racially slurred and physically assaulted by a highly intoxicated young woman and her male friend. … Justice knows no gender bias, and we do not believe that Joe’s actions were criminal in nature.”
Mixon, a five-star running back and the top-ranked OU signee for its 2014 class, was suspended from all football-related activities a couple weeks ago as OU was waiting for the legal process to work itself out.
OU athletic director Joe Castiglione released a following statement Friday after charges were filed.
“Under its policies, the University must independently evaluate student conduct matters and will review the facts as part of its internal process,” he wrote. “At an appropriate time, the University will determine Mixon’s status.”
It was reported early Monday that Castiglione, president Dave Boren and Oklahoma football coach Bob Stoops met with Cleveland County District Attorney Greg Mashburn.
“It’s really kind of against public morals to hit a girl, almost in any situation, but especially for a push and a slap,” Mashburn said Friday after charges were filed. “That’s why I think this charge fits very specifically what we have here.”
If convicted, Mixon could serve up to a year in jail and a $500 fine.
Molitor said the altercation resulted because of the use of a homosexual slur directed toward her friend by Mixon. She pushed him, and he retaliated by lunging at her aggressively, leading with his right fist. She reacted by slapping him by the left ear, and he hit her on the left side of her face.
There is surveillance video of the incident, but Mashburn said it will not be released as of now.
“We’ll have to keep that in evidence because if we end up going to trial on this we’ll have to show it to a jury and so that will be a part of our case,” Mashburn said last Friday.
Mashburn said that if the altercation was between two men, most likely, no charges or any action would have taken by his office. But there was a morality issue to look at as well as the size discrepancy.
Molitor is listed at 5-foot-6 and 130 pounds, while Mixon is 6-2 and 210 pounds.