Substream has exclusively learned that Cody Payne, former guitarist of Hopeless Records band the Dangerous Summer and current frontman of Floodlove, was arrested by the Austin Police Department in Austin, Texas, in January 2015 for having burglarized a neighbor’s apartment on Christmas Day 2014. His mugshot is above. Payne has been charged with burglary of a habitation—a second degree felony according to Texas state law, which can result in a prison sentence between two and 20 years plus up to a $10,000 fine. In addition, Payne has been charged with a variety of false statement charges, the most serious of which—false statement for property/credit between $1,500 and $20,000—is a state jail felony, which can result in a jail sentence between 180 days and two years plus up to a $10,000 fine. The additional charges all fall under various classes of misdemeanors. If Payne is found guilty of all charges, he could be facing a sentence of up to 23 years and three months plus up to $27,000 in fines. (The Texas penal code is no laughing matter, y’all.)
CORRECTION: In our haste to get this story up, we initially reported Cody Payne’s burglary of habitation charge was a first degree felony that could result in a prison sentence between five and 99 years and up to a $10,000 fine. While some burglary charges are considered first degree felonies in Texas, we have since learned that the specifics of Cody Payne’s burglary of habitation charge make it a second degree felony, which carries with it a sentence of between two and 20 years and up to a $10,000 fine. This lowers Cody Payne’s potential sentence to up to 23 years, down from the 102 years we initially reported. We regret the error.
Payne is accused of burglarizing the apartment of fellow Austin musician Jacob Lawter, who goes by the name Slow And Steady on Broken Circles Records. Substream has spoken with Lawter and will be exclusively bringing you his side of the story tomorrow. You can find the police report Lawter filed below, with sensitive information edited out for respect to the victim.
The closest thing Payne has made to a public comment is a tweet quizzically sent to Eminem manager Paul Rosenberg asking for a counsel on New Year’s Day.
@rosenberg hey paul, i need a lawyer. for real though.
— Floodlove (@Floodlovemusic) January 1, 2015
Payne is due in court later this month regarding these charges; we will keep you posted as we find out anything. In the meantime, you can hear Payne’s old band below.