Motion to dismiss Marshawn Lynch DUI case denied

todd.dybas@thenewstribune.comNovember 2, 2013 

Seahawks wide receiver Percy Harvin, who has yet to play in the regular season for Seattle, won’t play Sunday against Tampa Bay.

TED S. WARREN/THE ASSOCIATED PRESS

RENTON — A judge in Alameda County (Calif.) Court denied a motion to suppress evidence and dismiss Seattle running back Marshawn Lynch’s DUI case Friday, according to Teresa Drenick, assistant district attorney for the Alameda County District Attorney’s office.

The motion to suppress evidence and the motion to dismiss the matter were heard in front of Judge Yolanda Northridge. The court denied both motions.

A jury trial date of Dec. 27 has been maintained for the case. The Seahawks close the regular season at home Dec. 29 against the St. Louis Rams.

Lynch’s lawyer, Ivan Golde, said he will pursue a continuance so the trial does not take place during the season.

Lynch’s court date stems from charges filed against him for allegedly driving under the influence of alcohol in July 2012.

Lynch, 27, was arrested by the

California Highway Patrol early Saturday morning, July 14, 2012, when a police officer observed him driving north on Interstate 880 in Oakland, weaving in and out of lanes in a white Ford van, and nearly colliding with two cars.

After failing a preliminary sobriety test, Lynch was taken into custody and transported to the Alameda County Sheriff Department’s North County Jail in Oakland. Lynch submitted to a breath test, which came back positive with a blood alcohol content level over the state’s legal limit of .08.

The Alameda County District Attorney’s office filed charges against Lynch for driving under the influence of alcohol on July 18, 2012.

He pleaded not guilty to the charges in Alameda County Superior Court in August 2012.

Lynch was at Seahawks practice Friday and is expected to play Sunday despite being listed twice this week on the injury report because he was bothered by his knee.

OKUNG TO PRACTICE SOON

Left tackle Russell Okung didn’t practice Friday, the first day he would have been eligible to, but may work out on the field Sunday and is scheduled for practice on Wednesday.

Seahawks coach Pete Carroll said right tackle Breno Giacomini should be joining Okung on the practice field.

“For sure by Wednesday (Okung) will be out doing some things,” Carroll said. “We’re real encouraged every day he’s worked he’s shown he can handle it.

“Breno will be back about the same day. … Those guys will come back to the practice field and start working, then we will have to determine what that means.”

Several performance metrics rate the Seahawks’ offensive line as among the worst in the NFL. Seattle allowed seven sacks last week against St. Louis.

By rule, Okung, a Pro-Bowl player, who was placed on short-term injured reserve, can’t play until Nov. 17 against the Minnesota Vikings. Starting tackle Giacomini is allowed to play as soon as he’s ready.

HARVIN HAS SECOND MRI

Wide receiver Percy Harvin had a second magnetic resonance imaging (MRI) test recently on his surgically repaired hip, which Carroll said came back fine. Harvin didn’t practice on Friday and remains on the physically unable to perform (PUP) list.

“We’ve been quiet with him (this week),” Carroll said. “(He’s a) little sore from last week. Just making sure we won’t waste our opportunity with him on the practice field.”

The Seahawks first brought Harvin back to practice Oct. 21. In doing so, they started a 21-day countdown to his activation. If Harvin is not activated within the 21-day period, he must remain on the PUP list for the rest of the season.

The Seahawks have until Nov. 12 to activate Harvin. Seattle has the option to activate him from the PUP list but keep Harvin inactive on game days until he is ready.

Carroll was asked if he regretted starting the clock on Harvin.

“Not yet,” Carroll said. “If he was on our team and banged up, we certainly wouldn’t mind keeping him as one of the inactives. If that’s what it ends up a few weeks from now, that’s what it is. We’re hoping to get him back.

“He was fine a week ago — ready to go. The wear and tear of the comeback got him a little bit, so we’re just slowing him down.”

todd.dybas@thenewstribune.com blog.thenewstribune.com/seahawks @Todd_Dybas

The Olympian is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service