Texas A&M wide receiver Ainias Smith will no longer face DWI and weapons charges stemming from a July 20 arrest, according to a report from ESPN.
The Aggies wide receiver was stopped by campus police for going 51 miles per hour in a 35 mile per hour zone, and subsequently failed a field sobriety test at approximately 2:15 a.m.
Police found a “rolled joint of marijuana” and a gun with a full magazine during a search of Smith’s car after executing a probable cause warrant.
Brazos County attorney Earl Gray said that Smith passed his two Breathalyzer samples taken at the police station, which both registered below the legal blood alcohol limit of .08%. In addition, neither occupant of the vehicle claimed ownership of the marijuana, and at 0.29 ounces, Gray made the determination that it was problematic to link such a low amount to either Smith or his passenger.
Texas is a constitutional carry state for guns. As such, as long as the gun owner is at least 21 years old and the weapon is either hidden or holstered, it’s legal as long as there is not another corresponding offense. Since the prosecution elected not to pursue charges against Smith for DWI or possession of marijuana, the gun charges had to be dropped as well.
Gray simply determined there was not enough evidence to prosecute the case.
“Anyone in this county, any of the cases that I will receive, will be treated equally,” Gray said.
“I don’t care if they’re an athlete. I don’t care if they’re a celebrity. Any person that would have run into the same set of circumstances would have been treated the exact same,” he said.
Smith is one of the key returning starters for Texas A&M’s offense, and per ESPN, his suspension was lifted. He led the team with 47 receptions for 509 yards and six touchdown catches as a junior.
