"It's a very good day," Pitts' attorney, Steve Shellist, said as he and Pitts left the Harris County Criminal Courthouse how to play poker.

Prosecutors gave grand jurors two options to indict the 28-year-old professional football player: a felony charge of evading arrest and a misdemeanor charge of fleeing.

Pitts was arrested after driving away from a traffic stop Nov. 29.

He was pursued and stopped about a half-mile away but later called the incident a "huge misunderstanding play poker."

At the time, Shellist said that his client "is a good family man: respectful, intelligent, bright, a solid reputation."

A police officer involved in the incident said that Pitts was uncooperative and initially refused to step out of his BMW after police chased him when he drove away from a traffic stop.

Officers were targeting drivers making illegal left turns off Kirby onto West Bellfort and had stopped four other motorists besides Pitts when the incident occurred poker room.

Pitts, who lives in Pearland, pulled over as instructed and waited a minute or two before driving away, police said.

Officers then chased him down the block, where he pulled over again, but initially refused an officer's order to step out of his car.

Pitts was the only one among the five motorists stopped by police who drove away.

Pitts, the son of a police officer, apologized for his actions afterward and said he did not intend to defy the officers' orders.