Ainias Smith will not face charges, county attorney confirms
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.
No longer facing the other charges, Smith’s gun possession was legal without a corresponding offense.
Since no one owned up to the weed and he was over the limit when intially tested yet under the legal limit an hour later when they retested him at the station, no harm no foul. I am very impressed, that Jimbo is the king of fix it…
But all trolldigging aside, I do hope the kid learns a life lesson from this little misstep and goes on to become a positive role model in life, everyone short of ra pists, pedos and murd erers deserve a second chance.
He never tested over the limit. The .061 and .066 were the only breathalyzer tests administered. He was arrested based on suspicion of intoxication from a field sobriety test. Not a breathalyzer test.
I see. So could have been impairment from alcohol/drug combo that caused the FST failure, was he drug tested? I’ve seen him on the football field, phenomenal athlete, no way the kid can’t pass a walk and turn, a one legged balance and a follow the finger test unless…but hey, innocent until proven guilty. I hope he realizes how lucky he is and makes the most of a second chance.
Na, there are gotchas built into the FST. Things like saying the alphabet backwards. They are hoping someone says “I can’t do that sober” as that is effectively an admission of guilt. Also, for many football players, they can have issues with the eye test that a lot of officers get wrong. Specifically, if one eye is blown out, the follow the finger will give a false positive.
I spent a few evenings acting as a FST test subject for police academy cadets on A&M’s riverside campus back in the day. Good fun, free booze, and some good pointers for the FST. Also found out that I had a few concussions in HS from football.
Are there gotchas built into drug tests in combination with alcohol tests?
All we need now is for Ainias to get online and tell us how his mama always taught him to be a good boy, and whatever other insipid tripe he and his handlers might wish to discharge.
They say that too much Haloperidol Decanoate makes people bitter, leeland…lol
Just swept it all under the rug.
Big ole broom.
The brooms are bigger in Texas.
Why Nash…you DO know how to troll, lol. Kudos…
I’m living and working in Austin. Firsthand knowledge. Texas is a very different place.
Buying players, buying cops…Good ol Boy Network in full effect. They are much better at hiding things than Baylor and LSU though
So, you wanna be judge and jury and pass sentence on a kid that was only guilty of speeding?
That gun wasn’t..
You have a thing against legal guns?
Incorrect. There are laws in Texas that specifically allow people to carry loaded firearms in their cars.
There are laws in Texas that specifically allow people to carry loaded firearms in their cars if not under the influence of liquids or chemicals…there, I fixed it for you. Same in SC.
Legal gun but keep letting your racism seep into these comments. Moron.
So now it’s racism…woke much?
Facts, only the facts…
UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) is not:
(A) on the person’s own premises or premises under the person’s control; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law…
Examples of Class C misdemeanors include:
Public intoxication (Penal Code 49.02),
Possession of alcohol by a minor (Alcohol and Beverage Code 106.02),
Disorderly conduct (Penal Code 42.01), and
Attempted Class B misdemeanors (Penal Code 15.01).
Examples of Class B misdemeanors in Texas include:
Criminal mischief causing $100 to $750 in damage (Penal Code 28.03(b)(2)),
Possession of less than 2 ounces of marijuana (Health and Safety Code 481.121(b)(1))…………….!
Disorderly conduct (Penal Code 42.01), and
Attempted Class A misdemeanors (Penal Code 15.01).
I’ll be dmmmd, not a single one mentions race or color of individual…but you did…
Illegal search. Probable cause was destroyed when he blew under a BAC of .08. Also the passenger was in possession of the marijuana. That is confirmed. Since you want to talk about “fActs aND oNlY FActS”. Thanks for the statutes though.
And I wasn’t referencing your comment, I was referencing the Oracle’s. Didn’t know I triggered you so much.
A bunch of people attacking this young man, calling him a thug, and saying he should be thrown under the jail seems to have a certain skew to it. No wokeness here. I love how that is everyone’s response to something they don’t want to hear. Didn’t know that would trigger you so much.
Just because all charges were dropped does not mean he was not guilty of every charge.
Shades of Tallahassee. Now every player on that team thinks he will be taken care of too
So the BAC test was not accurate? Or the gun that was legally purchased. Why no speeding ticket if he was speeding?
@Poptiger all you have done since this came out is attempt to confirm your bias towards this young man despite all the facts leading anyone with a functioning brain to determine the charges were bogus.
Love how he is equating systemic cover-ups of SA from the top of the administration to the coaching staff down to Ainais Smith speeding on Wellborn. What an idiot.
Sounds like they barely avoided a balloon release.
Now there’s a news flash! The only thing this kid will learn from this is there is no consequences for his actions!
You mean like driving under the legal BAC? So there should be consequences for his actions despite him not breaking the law minus a purported speeding infraction (which I don’t recall a ticket being issued for…)? Pretty wild way of thinking there “Rus”. Sounds pretty Soviet Russian.
No way they were gonna let some cop ruin the dream season. It was all just a misunderstanding..
Of course he wasn’t charged. 1st with Willie Meggs in Tallahassee and now with this Gray atty, amazing “luck” Jimbo has with prosecutors.
Pretty wild you want this kid to be thrown under the jail considering he was not drunk and the entire search was illegal.
So Anias didn’t do anything wrong except speed and you guys wanna act like he’s some criminal. The police should have given him a speeding ticket and sent him on his way.
Yes, because that’s what elite athletes do, fail sobriety tests…
See Quathos (well done) explanation above.
You mean this one? “Also, for many football players, they can have issues with the eye test that a lot of officers get wrong. Specifically, if one eye is blown out, the follow the finger will give a false positive…”
I’m even more impressed with Ainias’s ball skills then, elite athlete with one eye…that is incredible…
Here is what we do know: confirmed by physical test that he was driving while or after drinking even if .06, confirmed there was weed in the vehicle, confirmed he was speeding, arbitrarily confirmed he could not pass a FST, confirmed he was in possession of a firearm while doing all of the above.
Now the good part, here is what we know now: since his alcohol limit was below .08, confirmed that he did admit to owning the weed therefore there was no weed in the car tied to him, confirmed that since his alcohol level had dropped to .06 by the time that he blew in the tube that he was not under any influence of alcohol, confirmed that speeding and carrying a gun is not a crime in and by itself, confirmed that FSTs are a bogus illusion created by the man to enable them to waste their time charging kids that are innocent. Does that about sum it up?
@LegHumperU half f your “confirmed facts” are wrong.
No evidence that there was an open container in the car. So you made the “driving while drinking” up.
.06 is legal. If you don’t like that law, run for office in Texas and change the legislation.
“Confirmed that he did admit to owning the weed therefore there was no weed in the car tied to him”. He never admitted to owning the .02 grams of what was purportedly weed.
“confirmed that since his alcohol level had dropped to .06 by the time that he blew in the tube that he was not under any influence of alcohol”. You do realize breathalyzer tests are almost simultaneous with being pulled over … BAC dissipates at an average rate of .015 per hour. Therefore, unless the test was taken two hours after the stop, this is a pretty weak argument.
The only thing “confirmed” is your failure to know the facts of this traffic stop yet decision to repeatedly comment on it.
Sorry about the typo omission, confirmed that he did “NOT” admit to owning the weed…
Regardless, and all fishing aside, I do hope the kid learns from the experience and goes on to be a positive member of society, the world certainly need as many good souls as we can get…
Some of you guys are hilarious. Yes, it could have been worse but you don’t prosecute on what could have been. To be honest, this is a great example of the university police department not doing favors for athletes. Y’all have no idea what kind of punishment Ainias will face in house. For all practical purposes this was a big nothing burger.
Based on historical reference of the pos that is handing out the punishment, vegas money is on 1/2 game suspension against the Bobcats in game 1, opening line pays 3 to 1…
Triggered much? Like I said, hilarious.