Smith was not arrested, he was not tested for alcohol in his bloodstream, Rietz said. WHY WASN'T IT DONE THAT NIGHT.
But prosecutors don??™t have to prove beyond a doubt that he was drinking for a judge to revoke his probation, according to Rietz ??” only that he was "more likely than not" drinking. NOT SURE THIS STATEMENT IS CORRECT!
Did he admitt to drinking or didn't he? If you read and believe the pjstar he admitted he had but the dailyillini reads nothing about admitting to have.
First let me say this, I think he shouldn't of been there at 2:30 AM in the first place, after all that has happen to him and being on probation. Second he was ordered to leave by the police (not once but twice maybe a third) along with the group he was with and returned each time. My first ? is why the police did not make an arrest for that after the first order to leave when he returned, let alone two more times after that. Next it has been reported by the police that he was not involved in any of the wrong doings (criminal damage to a business or the verbal altercation) there that night. Then 3 days later police said a police officer smelled alcohol on him that night and the officer knew at that time he was not to be drinking while on probation, why the wait and why was he not arrested that night for possible violation of probation and given a test for alcohol.
Another ? I have is how the officer with all that going on there that night had the time to single out (knew) Jamar and knew the terms of his probation off the top of his head. Also at the location where this happen (Green St.) how the officer could have smelt anything but alcohol in the air at 2:30 AM and could single out one person out of a group for drinking.
I'm going to hold judgement here as there are to meny ?'s and not enough answers yet. If there is no written confession, on arrest and test, then it looks to me it would be a very hard case to prove.
No matter what happens here this guy needs help and he isn't going to get it in Champaign at 2:30 in the morning on Green St. at the Furbar with the people he is was with.