Clayton Superior Court judge accidentally fires gun in restaurant, police say

A Clayton County Superior Court judge’s gun discharged at an Athens restaurant last week, and he explained to police that it was fired accidentally after he reached for his wallet which was in the same pocket as the gun, according to a police incident report.

Three people reported injuries but declined medical treatment after Judge Aaron Mason’s Glock 27 went off and a round struck the floor under his chair Sept. 15 at Señor Bird’s Tacos and Tequila Bar, according to the report by the Athens-Clarke County Police Department.

The bullet apparently chipped the tile flooring, which then struck at least one person, a 22-year-old man who was hit in the head by “debris from the floor,” Police Lt. Katie Jenkins said. It is unclear what struck the other two people, she added.

Jenkins said no charges have been filed, but that the incident is under “active investigation” as a possible misdemeanor offense of reckless conduct.

Mason declined to comment.

In Georgia, a “lawful weapons carrier” can carry a concealed handgun without first getting a license from the state.

Police were summoned to the restaurant at 255 W. Washington St. in Athens about 8 p.m., for a report of accidental gunfire, the report says. Police took the Glock, which was in Mason’s pocket in a leather pocket holster, the report says.

The bullet passed through his jeans leaving two small holes in them, Mason told the police. He also said the gun went off after he reached for his wallet to pay for dinner and was pulling his hand from his pocket, the report says.

After the discharge, the 22-year-old customer “was struck by something on the upper right side of his forehead” and had a small amount of blood coming from the area, the report says, adding that two females inside the restaurant also reported injuries.

Mason, 56, lost his bid for reelection May 19 to challenger Deitra Burney-Butler. Three days later, he filed a legal challenge to the election in Clayton Superior Court alleging Burney-Butler was not legally qualified to run for the office because she was listed as an “inactive member in good standing” with the Georgia State Bar.

Another judge denied Mason’s petition on Aug. 31, concluding he should not have waited until after losing the election to raise the issue. Mason’s attorney filed a notice of appeal Sept. 9.

Burney-Butler, who is now listed as an “active member in good standing” with the bar, declined to comment Wednesday.

Her attorney, Aryka Moore, said she is focused on responding to Mason’s appeal to the Supreme Court of Georgia “if and when he completes the process.”