Updated July 26, 2022 - 3:19 pm
Prosecutors are not filing criminal charges against a former Raiders player accused of pointing a gun at Park MGM valets in January.
Damon Arnette, 25, was arrested Jan. 28 on two counts of assault with a deadly weapon, carrying a concealed weapon without a permit, possession of marijuana and possession of a controlled substance, court records show. However, prosecutors never filed a criminal complaint formally charging the former cornerback.
During a court hearing on Tuesday, prosecutors said they are not moving forward with the case.
Arnette’s defense attorney, Ross Goodman, said he believes video of the alleged altercation would have corroborated Arnette’s story.
“He never carried a gun or pointed it at anyone,” Goodman said after the hearing.
Prosecutors did not say why they were not moving forward with charges. Clark County
District Attorney Steve Wolfson did not immediately reply to a request for comment.
A Metropolitan Police Department officer wrote in an arrest report that Arnette had pointed a gun and racked the slide at Park MGM valets who had refused to give him his Mercedes G Wagon.
Witnesses told police that Arnette threw away his valet ticket, so the valets asked for his identification, which he refused to give. According to the report, video from the valet area showed Arnette pointing a semiautomatic handgun at employees during the argument.
He then got into the car, drove it forward and parked a short distance away before returning to the valets and continuing the argument, the report said.
Arnette told police he had gone to dinner that night with his cousin, 20-year-old Markell Surrell.
Police said Surrell was found with a gun in his sweatshirt.
Surrell was booked on suspicion of carrying a concealed weapon, but a criminal complaint was never filed.
Surrell’s defense attorney, Louis Palazzo, said the denial of criminal charges also will apply to Surrell’s case.
A loaded .40-caliber handgun and an FNX-45 with 15 rounds were found inside the Mercedes, according to the report.
Police said Arnette was carrying 1.8 grams of suspected cocaine and 13.5 ounces of marijuana when he was arrested.
Justice of the Peace Suzan Baucum said Tuesday that she would order police to return two firearms that were seized by investigators.
Arnette, a 2020 first-round Raiders draft pick, was released by the team in November after video emerged of him threatening someone with a gun.
Following his arrest, the Kansas City Chiefs released Arnette, who recently had signed a reserve/futures contract with the team.
Goodman said Tuesday that Arnette is looking to play in the NFL again.
“Whatever team gets Damon at this point gets a new and improved Damon,” the attorney said.
Miami-Dade County court records show Arnette faces charges of possession of a controlled substance and possession of drug paraphernalia.
The charges were filed Tuesday, and Arnette has since posted bail and was out of custody.
He is due in court on Aug. 25 for an arraignment.
In October, Yaneth Casique sued Arnette in connection with a crash almost a year earlier, alleging that Arnette was speeding in an SUV and smashed into her vehicle.
Casique was taken to Sunrise Hospital and Medical Center with injuries to her head, shoulder, neck and back.
Henderson police cited Arnette with failure to stop at the scene of a crash and improper lane change, both misdemeanors, Municipal Court records show.
The misdemeanor case was closed in September after Arnette pleaded guilty and paid a $1,140 fine.
The Las Vegas Review-Journal reported in April that body camera footage showed that Arnette’s friends, including then-Raiders wide receiver Henry Ruggs’ younger brother, had lied to police about the crash, claiming that Arnette was not driving the vehicle.
Hours after the wreck, Arnette told police that he had been behind the wheel.
Casique’s lawsuit is ongoing, court records show.