Dallas Cowboys football player Josh Brent, charged with intoxication manslaughter for a car crash that killed teammate Jerry Brown, tested positive for marijuana and should be taken into custody, prosecutors said.
Heath Harris, an Assistant Criminal District Attorney for Dallas County, today told state court Judge Robert Burns that Brent had failed a urine sample analysis ordered last month after prosecutors previously sought to revoke Brent’s bail for allegedly tampering with an electronic monitoring device.
“On Tuesday, June 4, 2013, the state learned the confirmed results of the urine specimen taken from the defendant on May 24, 2013, tested positive for marijuana and marijuana metabolite,” Harris said in a court filing.
The car accident happened Dec. 8 when the car, which was moving at a high rate of speed, flipped at least once after hitting a curb, according to police. Brent had a blood-alcohol level more than twice the legal limit for operating a motor vehicle, the Dallas Morning News has reported.
Brent, 25, was indicted in December and faces as long as 20 years in prison if he’s found guilty. The defensive lineman’s trial is scheduled for Sept. 23. Debbie Denmon, spokeswoman for Dallas County District Attorney Craig Watkins, said Burns scheduled a hearing on the motion on June 21.
Defense lawyer George Milner did not immediately respond to a telephone message today seeking comment on the prosecutors’ request.
Bail terms required Brent to post a $100,000 bond. He was forbidden from consuming alcohol and required to wear the ankle bracelet, which monitors his blood alcohol level.
While the judge rejected prosecutors prior request to rescind Brent’s bail at the May 24 hearing, Burns ordered additional sobriety monitoring for the player and admonished him for failing to return home by 3 a.m. so that his existing alcohol intake monitoring device could download its data.
“You need to be home when you need to be home,” Burns told Brent then. He also ordered the urinalysis.
Brent was in his third season in the National Football League after playing at the University of Illinois and started five games last season.
Brown, who also attended Illinois, joined the Cowboys’ practice squad on Oct. 24. He had yet to appear on the active roster.
The case is State of Texas v. Brent, F12-35545, Criminal District Court, Dallas County, Texas (Dallas).