Texas A&M wide receiver Ainias Smith will no longer face DWI and weapons charges stemming from a July arrest after the Brazos County attorney refused to prosecute them.
Smith’s suspension has been lifted, and he has resumed team activities, the Aggies said.
Smith, 21, was booked on July 20 in the Brazos County jail after his arrest by Texas A&M police. He was released the same day after posting $8,000 bail, according to Brazos County jail records.
Smith was arrested and faced a DWI charge after he was stopped for going 51 mph in a 35 mph zone at approximately 2:15 a.m. He was given a field sobriety test and was determined to be intoxicated, the police report said. Police also found a “rolled joint of marijuana” and a gun with a “full magazine and a round chambered” during a search of the car, according to the probable cause warrant.
Earl Gray, the Brazos County attorney, told ESPN on Friday that once Smith was arrested and brought to the police station, his two Breathalyzer samples registered at blood alcohol content levels of .066% and .061%, both below Texas’ legal limit of .08%. At the time of the arrest, neither occupant claimed ownership of the marijuana, and Gray said that it becomes problematic to link such a low amount (0.29 ounces) to someone.
With both of those charges refused, the gun charge no longer applied because Texas is a constitutional carry case, Gray said. If the owner is 21 and the gun is hidden or holstered, it’s legal as long as there isn’t a corresponding offense, and the speeding charge would not apply.
Gray said he understood there could be an appearance of special treatment for a high-profile football player, but his decision was based on a lack of 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.”
Smith, one of A&M’s key players, was a team captain last year and was set to represent the Aggies at SEC media days before the arrest, but did not attend. Smith led the Aggies in receptions (47) and touchdown catches (six) last season while finishing second in receiving yards (509). Smith has started 21 games the past three seasons, scoring 19 total touchdowns.
