A 5th District Court judge dismissed a rape charge Thursday against former BYU football player Parker Kingston after prosecutors asked to move his July jury trial to September. Judge Jay Winward denied the request for another delay, then dismissed the case without prejudice after Kingston’s attorney argued that prosecutors could refile the charge when they were ready to proceed.
Kingston, who previously played wide receiver for BYU, faced a first-degree felony rape charge and had a jury trial scheduled for July 6 through July 10. According to KSL, prosecutors asked for more time so the alleged victim could prepare, while the defense argued that continued delays had already affected Kingston’s education, career, family plans and mental health.
BYU Removes Parker Kingston From Team After Felony Charge
A Judge Weighs Trial Timing
Winward told the parties that neither side had a constitutional right to delay a trial, while Kingston retained a right to a speedy trial. He said the case had already disrupted Kingston’s life and that the court must continue to recognize the presumption of innocence.
The judge also said courts routinely consider careers when scheduling trials, but he clarified that he did not focus only on Kingston’s football future. Winward said he also considered Kingston’s education and family, including the defense’s argument that the case had affected his ability to graduate and move forward with his life.
Winward questioned whether prosecutors had shown that a September trial would actually happen if he granted another delay. He noted that prosecutors said they would update the court by August if they needed another delay, and he said, “There’s no assurance that (the September trial) will actually occur.”
The judge also said he felt “a little baffled” that prosecutors had not asked the court to dismiss the case without prejudice so the alleged victim could have time to heal without the pressure of a trial deadline. After prosecutors said they still would not be ready for the July trial and asked for a status conference, Winward dismissed the case instead of setting another hearing.
Family Responds to the Decision
The alleged victim’s family released a statement after the ruling and said they felt “shocked and deeply disappointed.” They said their daughter had shown courage by coming forward and placing her trust in the justice system.
“Our hearts are with our daughter, who showed tremendous courage in coming forward and placing her trust in the justice system. Today, that trust was shattered when the court prioritized getting an athlete back on the field over justice,” the family said.
The family also said the decision would affect other victims. They said the ruling sends a message that people who find the strength to speak out might not receive the hearing they expected.
“While we are in disbelief at the events of today, we are grateful for the Washington County Attorney’s office who have assured us that charges will be re-filed. The fight for justice for our daughter will continue,” the family said.
What the Alleged Victim Reported
According to KSL, the woman called police on Feb. 27, 2025, four days after Kingston went to her home. She told police that she had consented to sexual acts but had not consented to sex.
During an interview that played at her preliminary hearing, the woman said she felt like the encounter became “mission accomplished” for Kingston after he had sexual intercourse with her without consent. She told officers that she met Kingston over social media and that they watched a movie at her apartment.
The woman also told police she had made her boundaries clear before Kingston came over. She said she told him they were “not going to have sex.”
“I said no three or four times. I felt like the room stood still,” she told police in the video shown at the preliminary hearing.
Defense Argues Further Delay Is Unfair
Kingston’s attorney, Cara Tangaro, argued that prosecutors had waited a long time before filing the case. She said she asked prosecutors whether they would seek dismissal if the trial moved beyond September or October, and they said no.
“I do think this case is being handled differently by the government. The remedy is to dismiss this without prejudice and then, if and when they are ready to go to trial, they can refile,” Tangaro argued.
Kingston attended the hearing virtually. He previously told investigators that all sexual activity with the woman was consensual.
Tangaro told the court that Kingston had put his life on hold because of the case. She said he missed his wedding, could not take the two classes he needed to graduate and had mental health struggles after facing what the defense believes to be a false accusation.
Social Media Arguments Enter the Hearing
Tangaro also pointed to social media pictures from the dates of a previously scheduled jury trial. She said the alleged victim appeared to celebrate her 21st birthday during that period, which Tangaro described as having terrible optics and as “sort of a slap in the face” to Kingston.
Deputy Washington County attorney Stephanie Harmon responded by referring to a discussion about a photo of Kingston practicing with BYU football players at a BYU facility. The BYU Athletic Department said the content came “from a workout not run by BYU players or staff,” adding that the workout “was not a BYU team activity” and that BYU officials did not know it took place before responding appropriately.
Tangaro said Kingston had not participated in a BYU practice. She said Kingston and other players met with a trainer who had no association with BYU.
“He’s got to be out doing stuff and living his life while we’re waiting for his day in court,” Tangaro said.
Prosecutors Push for September Trial
Harmon argued that a two-month delay made sense under the circumstances. She told the court that prosecutors wanted the case to proceed and would work to make sure a September trial happened.
“We want this trial to go. We’re doing everything in our power to make that happen, but this is not the right time,” Harmon said.
Winward said he did not consider the social media posts when making his decision. After he said he should not delay the case, prosecutors asked for a written ruling so they could begin an appeal.
Winward had previously denied a request to delay the trial without a specific new date and instead granted a shorter delay that moved the trial to July. At the time, he said he wanted to “balance the rights of both parties.”
Dismissal Leaves Door Open
Winward dismissed the case without prejudice, which means prosecutors can bring the charge again. The alleged victim’s family said prosecutors had assured them that the Washington County Attorney’s Office would refile the case.
The judge said the alleged victim could seek to bring the case back at any time. He also said prosecutors had delayed filing the case for a year so the woman could prepare, and he questioned whether the record supported the idea that she would feel ready to testify in September if she did not feel ready in July.
Prosecutors had already challenged Winward’s refusal to delay the trial further. They also asked to disqualify him from the case, but the court denied that request.
The dismissal ends the current case against Kingston for now, but it does not prevent prosecutors from pursuing the charge again. For Kingston, the ruling removes the July trial date; for the woman and her family, it leaves the next step in the hands of prosecutors who, according to the family’s statement, said they plan to refile.
Holly Wallace is a writer and storyteller drawn to meaningful questions and overlooked details. Her work explores Latter-day Saint life and culture through faithful inquiry, inviting readers to pause, consider, and engage more deeply with what matters most.
