Former Baylor and Boise State football player Sam Ukwuachu has had his conviction for sexual assault overturned, but he is far from free just yet. The 10th Couth of Appeals in Texas overturned a sexual assault conviction on Thursday and is sending the case back to district court for a brand new trial.
The Court of Appeals determined phone evidence used by the prosecution was improperly used and attained.
“In six issues, Ukwuachu complains that the trial court erred by allowing the State to reference the cell phone records of his roommate during its cross-examination of his roommate and his roommate’s friend, that the indictment was defective, that evidence of an extraneous offense was improperly admitted, that his due process rights were violated due to an abuse of the grand jury process by the State, and that text messages between the victim and a friend of hers the night of the alleged offense were improperly excluded,” an elaborate ruling from the Court of Appeals explained. “Because we find that the trial court erred by disallowing the admission of evidence … we reverse the judgment of conviction and remand this proceeding for a new trial.”
“While I respect the 10th Court of Appeals, I disagree with their decision and reasoning in this case,” McLennan County District Attorney Abelk Reyna said upon learning of the appeal decision. “I am extremely confident in the decisions made by our prosecutors and the rulings made by Judge Johnson in the trial of this case.”
Ukwuachu transferred from Boise State to Baylor after being dismissed by the Broncos program in 2013, reportedly following a case of depression in Boise. Boise State denied any knowledge of Ukwuachu’s violence toward women when he was with the program, which was prompted by comments from former Baylor head coach Art Briles. Former Boise State head coach Chris Petersen did claim to have informed Briles of Ukwuachu’s violent past.
The alleged victim of Ukwuachu has already settled a lawsuit with Baylor.