The DUI trial of Scott Walker has been dismissed because of a "faulty affadavit" after it was pointed out in court that the deputy clerk who signed it did not add her title after her signature.
Justice Judge Cecil Byrd said that to try him on a new charge on the same accusation would constitute double jeopardy, which is what defense attorney Keith Miller argued.
After the charges were dismissed, Walker left abuprtly with his other attorney, Adam Miller. He returned later and gave the following statement: "I'm glad it is over."
He said he wanted to thank family and friends for standing beside him, and said it was sleep deprivation that led to the crash that drew the attention of police. "I had not slept in 72 hours," he said.
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Walker, 31, was arrested on the DUI charge in Ocean Springs the morning of April 11. According to a police report, the arresting officer found Walker asleep inside his Chevy Tahoe that was in a ditch at the time on Halstead Road at Linda Circle. The arresting office said Walker appeared to be asleep when he approached his Chevy Tahoe, and he had to help Walker walk to the back of his vehicle because he appeared unbalanced.
During early testimony, Ocean Springs Lt. Bruce Spearnock testified that Walker told officers at the scene, "I'm so sorry. I'll never drink and drive again."
Every police officer who has testified today said he Walker was "obviously intoxicated."
At least two officers said Walker asked them not to charge him with a DUI. The officers said Walker told them, "Connie Moran will have a heyday with this."
There was no videotape of the stop. Walker had just come from The Office bar in Ocean Springs. Officers said he told them he had one beer, a glass of wine and a vodka tonic.
According to testimony, he was asleep at the wheel with the engine running when officers knocked repeatedly on the window of his Chevy Tahoe.
Jackson County prosecutor Mark Watts in served as special prosecutor.
Walker 's attorneys subpoenaed Ocean Springs Mayor Connie Moran and the city's entire Board of alderman in addition to Police Chief Lionel Cothern and Deputy Police Chief Mark Dunston.
The defense also subpoenaed two reporters, but the judge did not permit the testimony.
Read more about the trial in Friday's Sun Herald.