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Tuesday, May 7
Updated: June 4, 3:34 PM ET
 
Three other charges against Atkins were dropped earlier

Associated Press

FORT LAUDERDALE, Fla. -- Former Miami Dolphins safety Gene Atkins was acquitted Tuesday of charges he masterminded the firebombing of a former business associate.

Jurors found Atkins innocent of the April 1998 firebombing of his former business partner, Alfred Simmons.

Simmons, his wife and two daughters escaped injury when a Molotov cocktail was tossed through a front window of their home.

Atkins put his head down briefly, and then hugged his lawyers and his wife after the verdict was read. The jury took more than 2½ hours to agree. Yelling was heard in the jury room during deliberations.

"It's been a long four years," Atkins said. He said he gained weight and had health problems related to stress from the case. Atkins shook hands with prosecutors and thanked the bailiff before leaving the courtroom.

Atkins, who played for the Dolphins from 1994-96, faced a charge of conspiracy to commit aggravated battery-firebombing after three other charges were dropped. He faced five years in prison on the lone conspiracy charge.

Circuit Judge Joel Lazarus on Monday threw out attempted second-degree murder, arson and possession of a firearm charges, saying the state hadn't presented enough evidence to link Atkins to those charges. He had faced up to 10 years in prison if convicted on the original charges.

The state never argued that Atkins participated in the firebombing or even necessarily knew about it in advance. But prosecutor David Frankel did say that Atkins was the mastermind and paymaster, bearing ultimate responsibility.

Frankel declined comment outside the courtroom.

In closing arguments, defense attorney Fred Haddad said the testimony of three men already convicted in the firebombing was a "cacophony of perjury" and that Atkins wasn't responsible.

One of the three men is free after serving a year in prison. The other two are serving 15-year and life sentences, and testified they were told they would get help in getting their sentences reduced for their testimony.

The men testified that Atkins, then their boss, paid them to "mess up" Simmons.

Haddad stressed that the three witnesses were already former felons with multiple convictions trying to ingratiate themselves with a man they saw as a "cash cow."

"The jury saw through it and the judge recognized it when he threw out the first three charges," Haddad said.

Atkins supplied the money for a construction partnership with Simmons, who had been his college roommate, while Simmons brought the skill and contacts. The business folded months after Simmons left to join a rival firm.




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