This podcast is a visit with Brazos County county attorney Earl Gray and WTAW's Bill Oliver.

Brazos County's county attorney decides not to prosecute Texas A&M football player Ainias Smith following an arrest by Texas A&M police.

Earl Gray tells WTAW News one of the primary reasons for not pursuing a DWI charge after Smith was stopped for speeding, was because Smith's two breath alcohol samples were under the legal limit.

Gray said he did not charge Smith with possessing a marijuana joint because it was in the glove box of the truck that Smith was driving and because Smith denied ownership.

Gray said he could not charge Smith with unlawful carrying of a weapon because a handgun was legally in the glove box, Smith is 21, and there were no other criminal charges.

Gray said he wanted to make it clear that he treats everyone the same.

Smith was stopped in the Northgate district after the bars closed the morning of July 20 after a UPD officer clocked Smith's pickup going 51 in a 35 mile per hour zone.

According to the UPD arrest report, the officer observed four clues of intoxication. And the officer heard Smith say he was "passed out drunk".

The arrest report stated Smith's breath alcohol samples measured .066 and .061.