An Iowa judge won’t dismiss criminal charges against a Denver Broncos player accused of illegal gambling, or allow his attorney free reign to subpoena the state. But she does agree prosecutors need to give him a clearer explanation of what they’re charging him with.
Eyioma Uwazurike, who was drafted by the Broncos in 2022, is charged with identity theft and tampering with records over his alleged gambling activities while he was a player for the Iowa State University Cyclones football team in 2021. He’s one of more than a dozen current and former student athletes and team managers from ISU and University of Iowa to face charges in the sweeping probe. The NFL also has suspended Uwazurike for violating gambling rules.
Key to Uwazurike’s charges is the claim that he placed many of his bets by logging into his girlfriend’s FanDuel Sportsbook account to conceal his identity. His attorney, Van Plumb, had filed a motion to dismiss the charges, saying Uwazurike used her account with her permission and arguing that prosecutors failed to explain how his actions fit the elements of identity theft, a felony. Prosecutors counter that they believe they have provided sufficient proof.
In an order Thursday afternoon, District Associate Judge Kathryn Austin denied Plumb’s motion, noting that at this stage, “the trial information and minutes (of testimony) do not have to contain every minute detail of the alleged crime in order to be sufficient to survive a motion to dismiss.”
But the state does need to give Uwazurike’s legal representatives enough detail to prepare a proper defense, Austin wrote, granting Plumb’s request for a “bill of particulars” from the prosecution.
“The evidence in this case is complicated and the defendant is entitled to know what evidence the state intends to use so he can prepare his best defense possible,” she wrote. “This includes foundational evidence such as how information was obtained and from whom.”
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Plumb also asked for permission to file subpoenas demanding evidence from various state agencies. Austin denied this, saying the request was overbroad and Plumb had failed to identify how the records sought might be useful in establishing Uwazurike’s innocence. She left the door open to approving a more targeted subpoena request.
Plumb is representing a number of defendants in the gambling probe, in which he and other attorneys this week raised new issues in court filings. Foremost was an Iowa Division of Criminal Investigation agent’s deposition in which, the court filings alleged, the agent accused his superiors of lying about the targets and scope of the investigation.
The DCI has declined to respond to the allegations.
In an email, Plumb said the players’ defense attorneys continue to dig into what happened.
“We continue to zealously prepare for future proceedings as the court in its ruling may have denied the motion to dismiss against Uwazerike, but did rule that the state has to provide additional clarity as to the charges filed,” he wrote.
William Morris covers courts for the Des Moines Register. He can be contacted at [email protected] or 715-573-8166.
This article originally appeared on Des Moines Register: NFL’s Eyioma Uwazurike loses bid to dismiss Iowa gambling charges