Ainias Smith will not be facing charges for his arrest earlier this month. Brazos County attorney Earl Gray has confirmed he will not be prosecuting.

Gray spoke to ESPN and addressed the Texas A&M wide receiver’s charges. Smith was charged with DWI after going 51 mph in a 35 mph zone and being given a field sobriety test. Officers determined Smith was intoxicated from the field sobriety test. At the police station, however, Smith registered blood alcohol levels of 0.66% and 0.61%, within the legal limit, on a Breathalyzer.

Smith was also facing a marijuana charge. However, Gray explained that one rolled joint is too small of an amount to attach to one person in a car with multiple occupants. None of the passengers claimed the joint.

Police also found a gun when searching the car, rounding out the initial charges. No longer facing the other charges, Smith’s gun possession was legal without a corresponding offense. (Speeding did not apply.)

In his conversation with ESPN, Gray addressed accusations that he was giving special treatment to a football player.

“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’s suspension was lifted earlier this week, allowing him to return to the team after he missed SEC Media Days. Smith led Texas A&M with 47 catches and 6 touchdowns in 2021.

Andrew Olson

Andrew writes about sports to fund his love of live music and collection of concert posters. He strongly endorses the Hall of Fame campaigns of Fred Taylor and Andruw Jones.