DALLAS (CBSDFW.COM) – Arriving 30 minutes early for a hearing on Friday morning, Dallas Cowboys nose tackle Josh Brent was in a Dallas courtroom to try and explain why the alcohol monitoring device that he had been wearing showed that he had been drinking.
Prosecutors wanted Brent's bond for an Intoxication Manslaughter charge revoked. On Thursday, the Dallas District Attorney's Office filed papers claiming that Brent had repeatedly violated the terms of his bond.
Lawyers in the office said that Brent's ankle monitor showed signs of alcohol use at least four times. The monitor tests the wearer for alcohol every 30 minutes of every day. In court on Friday, prosecutors pointed to a number of occasions where Brent's monitor detected low levels of alcohol.
However, defense attorneys on Friday morning were adamant that Brent had not been drinking, and said that common household items can register as alcohol to the ankle monitoring device, including yeast and hand sanitizer.
In addition to possible alcohol violations, the district attorney's documents claimed that Brent had failed to show up for multiple bond supervision appointments, and also pointed to 22 occasions — on 22 different days — where Brent's ankle monitor data did not properly download to the system. An employee for the company who runs that system explained that Brent needed to be at home for that download to work correctly.
Lawyers said that this is not the first time the Cowboys defensive tackle has been cautioned. According to the documents, a judge warned Brent in March about violating the terms of his bond.
Given the severity of the charge against Brent, and his problems meeting the conditions of his bond, prosecutors said that the 25-year-old football player poses a threat to the community.
However, a judge on Friday decided not to put Brent behind bars. He has been put on notice, told to follow the rules of his bond and make sure that his ankle monitor's data downloads without issue. He has also been put on a new portable system that will require a urine analysis and breath tests at regular and random intervals.
Brent was arrested and indicted after a December 2012 car crash killed his teammate, 25-year-old Jerry Brown Jr. Brown was a passenger in the car that Brent was driving. Police said that Brent was speeding when his car hit a curb, flipped and came to rest upside-down. Police alleged that, at the time of the crash, Brent had a blood-alcohol level that was more than twice the legal limit.
If convicted of the charge, Brent could spend up to 20 years in prison.