There will be no criminal charges against Joey Porter, the NFL player arrested on charges of driving under the influence and battery on a police officer, the District Attorney’s Office confirmed Wednesday afternoon.
It would not be possible to convince a jury Porter was under the influence when he was arrested Saturday morning, said Deputy District Attorney Mark Pafford.
Porter’s blood alcohol level after his arrest was at or below the legal limit, his attorney said, and that breath test has margin of error that could cast further doubt.
The officer didn’t see any driving that could corroborate his opinion Porter was under the influence, Pafford said.
Porter’s attorney, Daniel Rodriguez, said the arresting officer had credibility issues – he faces his own DUI case. Pafford said it wasn’t certain a jury would convict on the battery charge.
Porter, 33, was arrested in the Taco Bell parking lot at Hageman Road and Calloway Drive about Saturday.
That’s where two Highway Patrol officers had stopped a friend of Porters in another car, according to CHP Sgt. Don Clotworthy. One of the officers went Porter's car. “The officer detected Mr. Porter had been drinking,” Clotworthy said.
An officer asked for Porter's driver’s license and for Porter to get out of the car for a field sobriety test. "Mr. Porter refused to do that and instead of complying with the officer’s order, request, he began to roll up his window," Clotworthy said.
The officer reached in through the window and lifted the unlock button. "At that time Mr. Porter struck the officer’s hand. The officer was able to push Mr. Porter's arm out of the way. Mr. Porter then got out of the vehicle in a confrontational manner," Clotworthy said.
Clotworthy said the officer drew his baton and ordered Porter to the ground. Porter wouldn't get on the ground, but did put his hands behind his back and finally allowed officers to arrest him.
Clotworthy said Porter’s unidentified uncle was in the passenger seat of Porter's 2002 Mercedes Benz. He was arrested on suspicion of public intoxication.
Porter's attorney, Daniel Rodriguez spoke to 17 News. "There are a number of inconsistencies. Now the D.A.'s office looked at those inconsistencies and they came to the conclusion that anyone would've come to. And that is there is no real evidence."
Porter's wife told 17 news her husband did nothing wrong. "He's an adult. and 1:23 in the morning is not a late time to go to Taco Bell. Especially if you live 2 miles from the Taco Bell. So him being out at 1:23 in the morning with his uncle going to Taco Bell is not a crime at all."
The CHP said Porter refused a field sobriety test, and began to roll up his window. Porter was accused of striking the chp officer's hand when the officer reached into the car. But Porter's attorney says the officer struck his client. They are not going to press further charges. The passenger in Porter's car was arrested for public intoxication. But attorney Daniel Rodriguez says those charges will also likely be dropped.