Charge dismissed against Texans' Tasered OL Weary
Weary was shot with a Taser and arrested after a traffic stop last week. The case was dismissed because a judge found insufficient evidence to support the charge.
The district attorney's office will continue to investigate the case and there is a possibility other charges could be filed.
"Mr. Weary is very pleased with the dismissal," said his lawyer, Charley Davidson. "But this is one battle in what is an ongoing process. We will be meeting with prosecutors over the next few weeks to show them that the way the two officers set out the events is not accurate."
According to the police report, officers pulled Weary over because his car had a missing license plate after following him because he looked "very suspicious" while driving in an area near Reliant Stadium where police are on alert due to criminal activity.
The police report said Weary pushed an officer away and was shot with a Taser after he stepped toward officers when they ordered him to put his hands on the vehicle.
"I don't think it happened the way they say it happened," Davidson said. "He didn't commit any crime. He didn't deserved to be Tasered twice and he didn't deserve to be arrested."
Davidson said some witnesses have already come forward, but that they are hoping others contact the district attorney's office or the Texans if they saw the event.
"We want to get the word out to passing motorists and anyone else to let us know what you saw," he said. "I think the more information the DA's office gets, the better it is for Mr. Weary."
Davidson said Weary would not comment about the case until the entire matter is resolved.
Weary has appeared in nine games and started six this season at right guard. He did not miss any practice or playing time because of the arrest and was not disciplined by the team.
He has spent his entire five-year career with the Texans after they drafted him in the third round in 2002. He has played in 45 games.AP NEWS
(This photo shows Fred Weary at the Super Bowl Gospel Celebration, when
Super Bowl XXXVIII was in Houston. Obviously a desperate criminal!)