Judge rejects bid to dismiss charges against ex-Raider
A Las Vegas judge on Monday declined to dismiss charges against former Raiders player Damon Arnette in connection with a confrontation last year outside the Park MGM.
Arnette, 26, is accused of wracking a gun in the midst of a confrontation with Park MGM valet employees on Jan. 28, 2022. He was indicted by a grand jury in May on charges of assault with a deadly weapon and carrying a concealed firearm, nearly a year after prosecutors initially dropped charges against him.
After Arnette pleaded not guilty in May, defense attorney Ross Goodman filed a petition asking a judge to dismiss the charges against Arnette. He wrote in the petition that Arnette “did not make any threats,” and that he had not “brandished, or pointed a firearm at the valet attendant.”
District Judge Ronald Israel denied the petition on Monday after finding there was “slight or marginal evidence” for both charges, although he said the evidence supporting the concealed weapon charge “may not be overwhelming.”
A casino valet testified during a grand jury hearing that Arnette had asked for the keys to his vehicle, but didn’t have his valet ticket. The employee testified that Arnette became angry when employees instead asked for his ID.
An officer who watched surveillance footage of the confrontation testified that Arnette pulled a gun out of his waistband and placed it in the car’s driver’s side door. While arguing with the valet, Arnette pulled the gun out of the car and made a motion with his arms, which the officer said was Arnette “racking a round,” according to transcripts.
Goodman argued Monday that Arnette was behind a car door, and the valet attendant had already walked away when Arnette was alleged to have racked the gun.
“He’s not doing it in front of anybody, he’s not doing it for the purpose of trying to create harm or pose a threat to anybody,” Goodman said in court.
He also argued that the gun was visible in Arnette’s waistband, and would not have qualified as a concealed weapon.
Chief Deputy District Attorney Jory Scarborough argued Monday that although Arnette did not wave the gun at anyone, a valet driver heard him rack the weapon.
“You don’t have to necessarily point the gun directly at someone to make them feel as though they’re going to be shot,” Scarborough said.
A jury trial in the case is scheduled for October.
Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240. Follow @k_newberg on Twitter.