Captain America's Anthony Mackie Convicted of Driving While Impaired, Ordered to Participate in Drunk Driving Program

Actor's lawyer argued that cops had no right to arrest him

By Alyssa Toomey Feb 20, 2015 8:19 PMTags
Anthony MackieJason Merritt/WireImage

Anthony Mackie was convicted of operating a motor vehicle while impaired in a Manhattan Criminal Court today, E! News confirms, following his 2013 DUI bust in Harlem

A Manhattan District Attorney spokesperson tells E! News that Mackie, who stars as Falcon in Marvel's hit Captain America franchise, was found guilty in a bench trial presided over by Judge Kevin McGrath and was sentenced to a $300 fine, a drunk driving program, a 90-day license suspension, and a $255 mandatory surcharge. 

Per the New York Daily News, the 36-year-old actor did not testify in court and shook his head when the verdict was read. His lawyer, Mike Miller, had previously argued that Mackie should not be charged because cops had no right to arrest him, citing the purported discrepancies in the various police testimonies. 

Miller argued that it was "abundantly clear that the people have not met their burden" of proof to convict Mackie of driving while impaired. He pointed to police video which reportedly shows Mackie appearing sober after his arrest, however, Assistant District Attorney Leah Branch countered that any arrest is often a "sobering experience." 

"It makes sense that his signs of intoxication may have been diminished" upon traveling to the station, Branch said of Mackie, who reportedly refused both a Breathalyzer and coordination tests. 

Following the trial, which included testimony from three NYC witnesses, Mackie politely thanked the judge, despite the guilty verdict.  

"Thank you, your honor, for the opportunity. Thank you for listening to the case and coming up with a fair conclusion," Mackie said, adding. "I wish everyone else had done the same." 

—Reporting by Claudia Rosenbaum 

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