Jonathan Martin, the bullied ex-NFL player charged with threatening Dolphins teammate Richie Incognito and others with a photo of a shotgun, scored a way to get his felony case dismissed Friday.
A Los Angeles judge granted Martin a mental health diversion program after a prosecutor revealed Incognito supported the deal.
If Martin attends weekly meetings with a psychotherapist, bi-monthly meetings with a psychiatrist and follows both the law and an AA program, the court will dismiss his three pending felony charges after two years, the judge said.
"I did have the opportunity to consult with the named victims or their representatives. None of them are opposed to mental health diversion either, and all hope Mr. Martin succeeds," Deputy District Attorney Samuel Hulefeld told the court.
The judge said the court was satisfied Martin's "unspecified depressive disorder and alcohol use disorder" were "significant" factors "motivating his criminal behavior."
Martin was a candidate for diversion because he does "not pose a significant danger to public safety" while in treatment, Los Angeles County Superior Court Judge Richard Kirschner said.
"(Martin) independently made efforts to address his issues and did frankly an excellent job in bringing himself to a state of stability and good mental health," the judge said.
As he left the hearing Friday, Martin told the Daily News he planned to speak more frankly in the future but wanted to apologize for his actions.
Martin's February 2018 Instagram post showed a 12-gauge shotgun resting on a motel bed with 19 shells scattered around it.
The image included the text "#MiamiDolphins" on the shotgun handle and "#HarvardWestlake," a reference to his former private high school in Los Angeles, on the barrel.
"When you're a bully victim & a coward, your options are suicide, or revenge," the caption read.
The post also tagged the social media accounts for Incognito and two former classmates at Harvard Westlake.
Martin's lawyer Winston McKesson said at a preliminary hearing in January that his client never intended to hurt anyone and checked himself into a Glendale hospital shortly after posting the image last year.
"He was struggling with his own demons. That's what this is," the lawyer told the court.
An LAPD detective testified in January that Incognito was in such a "state of panic" when he learned about the Instagram post, he hopped in a car with his dad, brother and dog and started driving to meet an FBI agent at a safe house.
Martin spent three seasons in the NFL, playing for the Dolphins before leaving the team in October 2013 amid accusations he was bullied by teammates including Icognito.
The following March, he was traded to the San Francisco 49ers, where he played one season. Martin retired after the 2014-15 season.
In 2015, Martin chronicled his troubled high school years, saying he felt out of place as "one of just a few minorities" at his private high school, the Los Angeles Times reported.
The NFL investigation of Martin's bullying claims, dubbed Bullygate, found he indeed suffered harassment while on the team and had received treatment for depression since he was a teen.
A fourth felony count involving Martin's former teammate Mike Pouncey was dropped at the preliminary hearing earlier this year after Pouncey changed his position and claimed he didn't take the threat seriously, sources previously told The News.
Martin's lawyer maintained throughout the case that his client never posed a real threat to anyone.
"I'm proud of him," McKesson said Friday as he left the courthouse.
