Prosecutors have asked a judge to revoke the bail of Dallas Cowboys defensive tackle Josh Brent after he allegedly tested positive for marijuana during a drug screening.
The news comes from the Associated Press, via ESPN.com.
The Dallas County district attorney's office filed the motion on Thursday, hoping that a judge would revoke Brent's $100,000 bond and jail him until his trial date. Brent has been charged with intoxicated vehicular manslaughter after a December car accident that killed teammate Jerry Brown.
Police allege that Brent was driving with a blood alcohol content of 0.18, which is over twice Texas' state legal limit of 0.08.
The Associated Press broke the story of Brent's positive marijuana test, which is a violation of his parole. The report notes that a judge has yet to set a date to hear the prosecutors' motion, and that the district attorney's office had no comment on the matter.
In their motion, obtained by the AP, prosecutors note Brent's history with alcohol makes him unfit for society.
"Given the defendant's prior alcohol-related contacts and the severity of the charge in this case, it is the State's belief that the defendant continues to pose a threat to the community," prosecutors said.
This is the second time prosecutors have tried to have Brent jailed due to a violation of his parole. The Cowboys lineman appeared in court in May, as Dallas County assistant district attorney Heath Harris alleged Brent had 22 parole violations in six months, according to Greg Magnus of NFL.com.
A judge did not revoke Brent's bond but did force him to wear a second monitoring device. Harris spoke with Magnus following the ruling, saying that Brent has refused to accept the conditions of his freedom:
We expect for our repeat alcohol offenders to have strict compliance with their bond requirements. One of the problems we had was he was supposed to register data with us and didn't. And that was the real problem. He refuses to comply with the rules. Clearly, alcohol was present, but we couldn't prove if he did drink or didn't.
Prosecutors noted in their motion that Brent's failed drug test came after that May 24 hearing, and that the positive test could not have come from second-hand inhalation.
Brent's trial is scheduled to begin on Sept. 23, where he faces a 20-year maximum prison sentence for the death of Brown.
There has been no word from Brent or his representation on Thursday's motion.
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