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Jury Reaches Verdict In Alston DWI Trial

POSTED: Friday, October 24, 2008
UPDATED: 5:35 pm CDT October 24, 2008

A Houston Rocket was found not guilty on Friday of driving while intoxicated, KPRC Local 2 reported.

Point guard Rafer Alston, 32, was pulled over in the 2700 block of Washington Avenue at about 3 a.m. on Aug. 7.

Three witnesses testified in the two-day trial -- the arresting officer, the officer who assisted and the officer who conducted the second interview at the police station.

Alston never took the stand.

The jury deliberated for less than one hour before returning the verdict.

"I'm just delighted to have it over with and now I can resume with my job," Alston said.

Officer Paul McCrae, a 13-year veteran with HPD, said he pulled Alston over because Alston was driving without his headlights on. He said Alston told him that he just come from Pandora.

McCrae said Alston became agitated and aggressive when he was questioned, and that he was slurring his words, had bloodshot eyes and a strong odor of alcohol on his breath.

Alston did not take a field sobriety test.

The alternate juror said being able to see the police dashboard video of Alston's arrest during the traffic stop was key.

"Maybe he lost his cool. He was agitated, but that by no means, means that he was actually intoxicated," Thomas Tran-Park said.

"I think the communication lines were pretty much shot down. That's when the action of turning around and 'Just take me down' happened. Am I at fault for that? I can say so but again, I can say that the communication lines were shot down," Alston said.

"I'm disappointed with the jury's decision, but I always respect the jury's verdict," prosecutor David Nachtigall said.

Alston's defense attorney, Rusty Hardin, said testimony from Officer Raul Montelongo, who said Alston did not appear intoxicated, was critical evidence.

"What was real clear from this trial is that he wasn't intoxicated. That's the issue and there was nothing wrong with his conduct out there that night and we're just delighted the jury agreed," Hardin said.

Alston was charged with misdemeanor driving while intoxicated.

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