Charles MacKay

A famed opera director was arrested in Powell on Friday night, after he allegedly approached two teenagers and propositioned them for sex.

Charles R. MacKay, a 74-year-old resident of New Mexico, is alleged to have made the lewd remark to the two boys outside a grocery store.

Powell police initially took MacKay into custody on a misdemeanor count of breach of peace, but the Park County Prosecuting Attorney’s Office later opted to instead file four felony sex crimes in connection with the incident.

At a Monday hearing in Park County Circuit Court, Deputy County Attorney Laura Newton said she “really cannot state enough how dangerous I think this man is to children in the community.” Defense attorney Tim Blatt, meanwhile, told the court that the allegations appeared to be out of character for MacKay, who spent decades leading prominent operas.

“I think there are other issues that might need to be addressed here, which we’ll bring up to the court’s attention down the road,” Blatt said, without elaboration.

Regardless of whether the allegations were out of character, Newton argued they were concerning enough that bond should be set at $100,000 cash.

If someone is charged with a violent crime, such as murder or attempted murder, “we don’t say, ‘Oh, he hasn’t ever committed that crime before or doesn’t have a criminal history,’” Newton said. “I mean, this is truly alarming …”

Circuit Court Judge Joey Darrah opted to set bail at $35,000 cash or surety. MacKay was released from jail on Tuesday evening after posting that sum in cash.

Blatt didn't provide comment prior to the publication of this article, but on March 31, a spokesperson for MacKay provided a statement.

"Mr. MacKay understands the seriousness of the allegations against him.  He has been and will continue to fully cooperate with the legal process," the statement said. "Given serious health issues he has been struggling with, we ask for privacy at this difficult time."

Teen calls police

The incident occurred around 8 p.m. at Blair’s Super Market. The two teens, who are between the ages of 14 and 16, reportedly told Powell police that an older man stared at them in the checkout line, then approached them outside the store.

A charging affidavit in the case says the boys reported that the man offered them an ice cream sandwich and suggested they go to his motel room and perform oral sex on him.

The man, who identified himself as “Carlos Martinez,” then walked to his white GMC truck and drove away, the affidavit says. One of the teens called police around 8 p.m.

Officer Reece McLain later spotted a matching truck at the Lamplighter Inn and learned the vehicle was being used by MacKay. He and another officer contacted MacKay in his motel room and asked if he’d bought ice cream sandwiches at Blair’s.

“MacKay quickly answered that he had and continued stating what he did was wrong,” McLain wrote in the affidavit, saying MacKay admitted that he’d “spoken inappropriately” to two juveniles.

According to the officer’s recounting of the conversation, MacKay added that “he has never done this before, but sometimes has strong urges because he has not been intimate with someone for some time.”

MacKay appeared to take issue with the allegations at Monday’s hearing, shaking his head and audibly saying “no” when Newton quoted the specific sexual slang that he’s alleged to have used.

Arguing bond

MacKay has no prior run-ins with the law, according to comments made in court. Blatt said he understood MacKay to be a “prominent citizen” in New Mexico; online biographies show he led The Santa Fe Opera from 2008 through his retirement in 2018. MacKay’s half century of service to the opera field led to his induction into the OPERA America Opera Hall of Fame in 2022.

After learning of MacKay’s Friday night arrest, one of his former opera colleagues flew in from Washington, D.C., to attend Monday’s hearing. The man told the court that he came to Cody “very concerned about my friend” and described the allegations as “totally out of character.”

He added that, until hearing the specifics at Monday’s proceedings, he only knew that MacKay had been arrested for breach of peace.

However, Newton dismissed that misdemeanor and filed four new felonies: They include two counts of sexual exploitation of a minor, which apply when a person “causes, induces, entices or coerces a child to engage in, or be used for, any explicit sexual conduct,” and two counts of third-degree sexual abuse of a minor, which apply when a person “takes immodest, immoral or indecent liberties” with a someone under the age of 17.

“The risk to the community and to other children is extreme,” Newton said in court.

When Judge Darrah later declined to adopt her $100,000 bond recommendation, Newton “vehemently” objected, reiterating the allegations and her concerns about MacKay. 

Darrah said the objections were “well-founded,” but said he believed the $35,000 cash or surety figure was reasonable and appropriate.

“I think there is a reason to have a concern about public safety, but hopefully it’s been addressed,” he said.

The judge also noted that MacKay is presumed to be innocent.

A preliminary hearing to weigh the evidence against MacKay and determine if the charges can advance toward a trial in Park County District Court is tentatively set for April 2.

(Editor's note: This story has been upaded with a statement from a spokesperson from MacKay.)