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MIAMI (CBSMiami) – All charges have been dropped against University of Miami sophomore running back Mark Walton.
“After a thorough review of the evidence, there is not sufficient evidence to prove the charges beyond and to the exclusion of every reasonable doubt. Therefore, on July 11, 2016, the State dismissed all charges,” according to the close-out memo released Monday.
CBS4’s Peter D’Oench spoke with Walton’s attorney Monday.
“They just didn’t have the facts to support their case. What had happened is all charges are dropped and we have brought to rest the accusations,” Joey McCall said. “For us, some bizarre behavior by police was brought to light. I am not going to say they had it out for him. But we proved the charges were false and this was the right thing to do, not filing charges and dropping this case.”
Earlier this year, Walton was charged with driving under the influence and driving with a suspended license with knowledge. His attorney entered a plea of not guilty.
Walton was stopped by Miami Police on April 23rd. According to the arrest affidavit, his breath smelled of alcohol, he had bloodshot eyes, slurred speech and nearly lost his balance when exiting his vehicle.
Walton was given a breathalyzer test, where the 19-year-old blew levels of 0.059 and 0.060. Those numbers are under the Florida limits for those 21 and older, but for under-aged drinkers the limit in Florida is 0.02. He was charged and suspended from the team.
But his levels, according to the memo, did not meet the presumption he was impaired meaning the state had a heavier burden of proof.
“Had the Defendant’s breath reading been at a .08 or above, there would be a legal presumption that the Defendant was impaired. Had the Defendant provided a breath sample under a .05, there would be a legal presumption that the Defendant was not impaired. Because the Defendant provided a breath sample above a .05 but below a .08, there was no presumption of impairment,” according to the close out memo.
At last check, Walton’s license had not been reinstated.
As for his “indefinite” suspension from the team, it was lifted late Monday evening.
— Miami Hurricanes (@MiamiHurricanes) July 11, 2016
As a freshman, Walton amassed 1,054 all-purpose yards and a team-leading 10 touchdowns. Arguably Miami’s most versatile running back in a crowded backfield, Walton was the presumed favorite to be the No. 1 ball carrier for the Canes in 2016 after spending most of the spring as such.