Dolphins’ Mark Walton argues due process violations should get weapons charges dropped

[Who Dey]

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Attorneys representing Dolphins running back Mark Walton filed a motion last month to dismiss a weapons charge against their client due to “egregious” due process violations.

According to Charles Trainor Jr. of the Miami Herald, a hearing on the motion is set for Friday.

The weapons charge comes from one of three arrests Walton has been subject to this offseason.

Walton allegedly ran from police after being pulled over for speeding and weaving in and out of traffic. He was able to flee the scene after a taser failed to fully incapacitate Walton. Police say they found a legally purchased rifle and several fully loaded clips in the vehicle. However, Walton’s attorneys are alleging a violation of police procedure regarding body camera evidence to claim the case should be thrown out.

The crux of the argument relies upon whether Walton’s rifle was deemed to be readily accessible or not. Gun owners in Florida do not need a concealed carry license for a weapon in a vehicle as long as it is stowed in a case or not accessible for immediate use. The claim is that with an officer turning off his body camera twice during the incident, the state of the vehicle configuration at the time of the stop and whether the rifle was accessible or not is unknown.

“After the search has taken place, and the passenger seat-back and seat-rest have both been manipulated, a firearm has been located, a bag has been retrieved and is actively being searched, the [body cam] is turned on again,” Walton’s attorney Michael Gottlieb wrote. “The entire issue in this case as it relates to the firearm is the position of the car seat in relation to the firearm for purposes of determining whether said firearm was ‘readily accessible.’”

None of the body cam footage available shows the position of the car seats prior to the search.

The third arrest led to Walton’s release from the Cincinnati Bengals in April. The Dolphins signed him after a workout in May. Walton would be subject to league discipline for any, or all, of the three arrests this offseason.