The issue here is you don’t seem to understand the facts of Smith’s arrest.
Smith was charged with 3 crimes:
- Driving while intoxicated
- Possession of less than 2 grams of marijuana
- Unlawful carrying of a weapon
For charge #1, the police officer administered a breathalyzer test to Smith twice. The first time he blew a .066 and the second time he blew a .061. So well below the legal limit both times but the officer decided to charge him with DWI anyway. The DA dropped that charge because there’s no way that’s going to hold up in court if Smith’s has an attorney who’s even modestly competent.
On the second charge, Smith indicated the marijuana was not his and belonged to the passenger and there was no other evidence to tie the drugs specifically to Smith. Again, if Smith has a good lawyer, then you’re going to have a hard time winning that in court.
Finally, if the DA doesn’t think they have a case on charges #1 and #2 (and they didn’t), then the DA has no choice but to drop the 3rd charge based on Texas state law. In Texas, it is perfectly legal for you to carry a handgun in your car as long as it is lawful for you to own it and you are not in the act of committing a crime.
The only way Smith can be convicted of unlawful carry in this situation is if he is first convicted of another crime. And it’s pretty clear those first 2 charges would not hold up in court, which means the DA made the right call to drop the case based on the facts and evidence at hand. There’s no favoritism or leniency here, it’s simply an example of a DA correctly applying the law.
So again, I’m not sure how you can possible see Smith’s situation as evidence that UK handles things dramatically differently than A&M.
I’d also add that you seem to be unable to make up your mind about who exactly is out to get Rodriguez. First you were suggesting this was a Lexington PD issue (even though it was the UK police that arrested him), then you suggested it was a UK issue and now your most recent post is suggesting that it’s an issue with the DA.
If you’re working this hard to find anyone other than Rodriguez to blame, that should be a strong indicator to you that maybe Rodriguez is the one who dropped the ball here.