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Allegations of preferential treatment arise regarding Aldon Smith’s DUI arrest

Aldon Smith AP

The 49ers aren’t the only ones being questioned for how they handled the September DUI arrest of linebacker Aldon Smith.

According to NBC Bay Area, Smith may have received preferential treatment from the Santa Clara County Sheriff’s office in the wake of the arrest.  He was booked at 9:40 a.m. local time, with a field tested blood-alcohol concentration of 0.151 percent.  He reportedly was released at 11:20 a.m. local time, only one hour and 40 minutes later.

“Normal protocols were not followed,” an unnamed deputy said.  “That means that preferential treatment was given to Aldon Smith.”

It’s common practice, according for the unnamed deputy, for DUI suspects to spend at least five hours behind bars.  Smith was at practice during the window he otherwise would have been (should have been) in jail.

“The process is the same for everyone who gets booked and arrested,” Sheriff Laurie Smith insisted.

Questions also have been raised about an invitation Smith received to a fundraiser at Sheriff Smith’s shooting range.  He was under investigation for possession of illegal weapons at the time.

“Why do you say he’s under investigation?” Sheriff Smith asked the reporter from NBC Bay Area.  “He was a victim of that at his house.”

Two days after the interview with Sheriff Smith, the Santa Clara District Attorney filed felony charges against Aldon Smith on three counts of possession of illegal assault weapons, found by members of the Sheriff’s Department in Aldon Smith’s bedroom.

So while he was indeed a victim that night of a stabbing, he clearly was under investigation for felony weapons charges at a time when he was invited to the Sheriff’s shooting range to shoot weapons.

For Aldon Smith, it’s the least of his problems.  But it creates an issue of appearances and integrity for the Sheriff’s office.

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38 Responses to “Allegations of preferential treatment arise regarding Aldon Smith’s DUI arrest”
  1. chawkup says: Oct 22, 2013 4:41 PM

    At least his coach is above reproach.

  2. gotdressedinabooth says: Oct 22, 2013 4:41 PM

    Nothing new under the sun

  3. Mr. Wright 212 says: Oct 22, 2013 4:47 PM

    Not a soul surprised by this.

  4. f0rem4n says: Oct 22, 2013 4:48 PM

    Stay classy.

  5. golforepar says: Oct 22, 2013 4:50 PM

    So they don’t like following rules, what a surprise!
    Who do they think they are New England?

  6. snowman36 says: Oct 22, 2013 4:50 PM

    Cops using shady and dubious tactics?!! Say it ain’t so!

  7. barneyrumble says: Oct 22, 2013 4:51 PM

    A Pampered Pro Athlete getting preferential treatment? I’m shocked! Shocked I say.

  8. mackcarrington says: Oct 22, 2013 4:59 PM

    Well, this is a switch from “the cops are out to get me”.

  9. mackcarrington says: Oct 22, 2013 5:01 PM

    When he was arrested he asked the police “Do you know who I am?”
    They replied “We certainly do, and we’ll have you out in no time”.

  10. southpaw79 says: Oct 22, 2013 5:06 PM

    I heard Aldon got away early because Justin Smith was holding the cops at the line.

  11. judsonjr says: Oct 22, 2013 5:08 PM

    Released after an hour and 40 minutes.

    #whosgotitbetterthanus

  12. assuredmutualdestruction says: Oct 22, 2013 5:11 PM

    Doesn’t surprise anyone, does it? I’m sure they’re all niner fans. Win at all costs regardless of public safety. SMH

  13. henryjones20 says: Oct 22, 2013 5:12 PM

    lol they actually call this special treatment? back in the day, Dominic hasek would get drunk then pulled over by police and would get driven home.end of story! Ill spare u all the matthew Barnaby stories.

  14. Mr. Wright 212 says: Oct 22, 2013 5:13 PM

    southpaw79 says: Oct 22, 2013 5:06 PM

    I heard Aldon got away early because Justin Smith was holding the cops at the line.
    ————–

    Astute observation, Kevin Gilbride (and I love it, seriously).

    but the man blew .151, how in the WORLD can you justify releasing him less than two hours later, when he was surely still over .100 and capable of going out and causing more harm to the public?

  15. notoriousjebus says: Oct 22, 2013 5:15 PM

    So they are saying that a rich and famous person received special treatment!?!? I am having a hard time believing that.

  16. detectivejimmymcnulty says: Oct 22, 2013 5:18 PM

    In America you don’t get treated any different because you’re famous or have money.

  17. TIM says: Oct 22, 2013 5:33 PM

    “The 49ers aren’t the only ones being questioned for how they handled the September DUI arrest of linebacker Aldon Smith.”
    ————–

    The team did everything exactly right to benefit Aldon and the team.
    And who knows if Aldon was picked up at the jail by someone from the team ?(he went right to practice from the jail). I certainly hope they were intelligent enough to not let him leave and possibly drive himself while still intoxicated !

  18. calicokiller49 says: Oct 22, 2013 5:41 PM

    The guys in rehab , in the middle of he season! Our star pass rusher! W got a chance and they put him in rehab! How many of these guys have major problems? Who ever remembers a team putting the player in front of he team? You niner haters have to at least tip your hat to that. To me that shows a lot of class, and of course the stay classy San Fran comments continue to pour in……

  19. titansbro says: Oct 22, 2013 5:43 PM

    When I was 22 & still a complete moron I got a DUI. But I only spent maybe 45 mins at the actual jail & never saw the inside a cell. I was picked up by a friend & went home. Now, I learned my lesson & have never been in any other kind of trouble but I can’t see this as preferential treatment on its own. I was stationed in Washington state at the time.

  20. krenshaws says: Oct 22, 2013 5:47 PM

    Cops are some of the biggest criminals that exist. Cops are only out to get you, unless you are famous or their friend. Cops do nothing to help anyone anymore. When I was about 6 years old a Police officer gave my mother, sister and I a ride back home because our car broke down on the highway. 20 years later this would never happen. Cops are only out to cause harm.

  21. bigbenh8tr says: Oct 22, 2013 5:59 PM

    Mind boggling. Unfortunately I had bad judgement in college and got a dui where I blrw a .13. I was booked at 3:30 am and was not permitted to leave until I was sober at 2PM and could blow a .00. I had an final exam that next day (Monday) and didnt get any special treatment. I think completing my college education is more important than Smiymaking it into a nonessential practice.

    I guess California laws are a little more lax but wow. He would still be above the legal limit of .08 without a doubt and then practiced drunk.

  22. ratsfoiledagain says: Oct 22, 2013 6:05 PM

    “The process is the same for everyone who gets booked and arrested,” Sheriff Laurie Smith insisted.

    Apparently not.

  23. thegreatgabbert says: Oct 22, 2013 6:07 PM

    Laurie invited Aldon to spend some time at the shooting range with her friends the Wessons.

  24. thegreatgabbert says: Oct 22, 2013 6:09 PM

    They just wanted to make sure that Aldon knew how to use those illegal weapons effectively.

  25. raider8er says: Oct 22, 2013 6:20 PM

    Times have changed. It’s more violent in the stands at Candlestick than the Coliseum. Then you have the players….,

  26. tundratommy says: Oct 22, 2013 6:25 PM

    That’s just some more gobble gobble jive turkey talk.

  27. thereisfootballwestofjersey says: Oct 22, 2013 6:27 PM

    Note to every Seahawk troll:
    -When Jim Harbaugh said “You want to be above reproach” he was referring to the 6th infraction by Seahawks players being caught with PERFORMANCE ENHANCING substances in their system.

    Performance enhancing substances give you an advantage between the white lines as in real live games. That’s called CHEATING!

    The Niners players have certainly been foolish of late, getting caught being drunk, punching other team mates while drunk and brandishing guns in public (and now allegedly receiving “preferential” treatment)

    Can’t you see the MAJOR DIFFERENCE here?

    As long as the Niners don’t get caught with performance enhancing substances in their system, they, in fact, are “above reproach” in the context Harbaugh was referring to.

    Why does anything related to the Niners bother you Seahawk trolls anyway? According to y’all – you have mastered the Niners.

    Go away. Far, far away!

  28. adderal says: Oct 22, 2013 6:42 PM

    coming back on leave from Iraq i got a dui and basically was driving to the station for booking then driven home by the police. so what? I still had to pay the fines and file that stupid insurance form. all in all it prolley cost me 7k and i still had to do everything every other knucklehead that gets on of those gets. much to do about nothing

  29. Foghorn The IKonoclast says: Oct 22, 2013 6:50 PM

    I pray to God some of you holier than thou types get your own Karma. Meaning some of you slugs have had DWIs or whatever and you have the audacity to pile on? Pot meet Kettle

  30. southpaw79 says: Oct 22, 2013 8:17 PM

    Shouldn’t we be calling them Undocumented firearms in California? I thought the term illegal was offensive.

  31. southpaw79 says: Oct 22, 2013 8:20 PM

    “”Shouldn’t we be calling them Undocumented firearms in California? I thought the term illegal was offensive.””

    Hmm, I guess that would mean the rules need to change too. I can not wait to hear a referee call
    “Undocumented block in the back” or “Undocumented formation.”

  32. jpietrefesa says: Oct 22, 2013 10:58 PM

    “Smith was at practice during the window he otherwise would have been (should have been) in jail.”

    So he was pretty much wasted at practice? Nice……nice.

  33. nells79 says: Oct 23, 2013 2:24 AM

    I saw this aired last night. From the interview, it seemed the one giving preferential treatment to Smith was the Sheriff herself. Seems the integrity issues lie with her. The county of Santa Clara citizens vote for Sheriff next June and I am wondering if this will have a bearing on the results. The Deputies union is endorsing the other man running.

  34. fonz831 says: Oct 23, 2013 12:16 PM

    The 5 hour hold begins after the time of arrest, not the time of booking. Aldon smith was arrested in the early hours (6shA.M) of Friday morning.

  35. realitycheckbaby says: Oct 24, 2013 6:57 PM

    According to y’all – you have mastered the Niners.
    ============================

    Actually, that’s according to the scoreboard.

  36. jackmayhoffer says: Oct 24, 2013 11:58 PM

    Two time defending division champs. Your not there yet

  37. Mr. Wright 212 says: Oct 25, 2013 1:29 PM

    jackmayhoffer says: Oct 24, 2013 11:58 PM

    Two time defending division champs. Your not there yet
    ——————

    And no Super Bowl wins. Your owners, the Giants have two.

    See how stupid it sounds to bring up even the recent past? Seattle is better until San Francisco proves otherwise.

    THIS YEAR.

  38. jackmayhoffer says: Oct 25, 2013 10:36 PM

    Mr Wright

    I could agree with you but then we would both sound stupid and both be wrong instead of just you

    WOW I CAN TYPE IN ALL CAPS TOO!

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