DALLAS - A new arrest warrant has been issued for ex-Dallas Cowboys lineman Josh Brent for allegedly violating the terms of his probation.
That warrant is the first step in what could be a move to revoke Brent's probation after his recent arrest.
Brent is serving 10 years probation for the drunken driving death of Cowboys teammate, Jerry Brown Jr. in a 2012 accident. He was arrested June 30 after Coppell police received a call about a man sitting under a tree and talking to himself in a Wendy's parking lot.
Police said Brent was uncooperative and resisted when officers tried to handcuff him. He was then taken into custody after being Tasered. During follow-up questioning, police said he admitted to being intoxicated.
The next day, Brent was transferred to the Dallas County Jail on charges of assaulting a public servant and resisting arrest. A third charge of public intoxication was not filed at the time. Brent was later released on $50,000 bond with a court order to undergo a psychiatric evaluation.
The new warrant was issued on July 3, however, Brent is not in custody. According to the probation department, the probation revocation warrant is an automatic process because police say Brent admitted to being intoxicated.
One former prosecutor said that just because a warrant has been issued, it doesn’t not mean an arrest is imminent.
“When someone is arrested for a new offense, probation officers are normally compelled to file or have a motion to revoke probation,” attorney Demarcus Ward, who is not involved in this case, said.
Coppell police arrested Brent Sunday after having to use a Taster to subdue him.
“The court ordered psychological steps that he's taking right now, could be one of those things that the court wants to use to evaluate him and decide what’s the most appropriate course of action,” Ward added.
According to Ward, the warrant filing does not necessarily mean an arrest will follow.
“When a motion to revoke probation is put out, what normally follows is a warrant. However, attorneys are able to go in to the court and to the D.A.'s office and try to work out something prior to the warrant being filed, or prior to their client being arrested,” Ward said.
Especially when a person is already under mental health care.
“The court wants to use this time, and possibly a report or reports from the facility as a measuring stick to see what is the appropriate course of action,” Ward said.
While arresting officers thought, and Brent said in questioning that he was intoxicated, that charge has not been brought.
If that is dismissed, it could impact what he is charged with.
“If the initial reason for contact is not found to be legitimate, then everything else that ensued could potentially be suppressed or could go away,” Ward said.
The Dallas County District Attorney's Office has recused itself from the case.
This is because First Assistant DA Kevin Brooks was co-counsel when Brent went to trial for intoxication manslaughter.
Ward expects a local attorney will be named as special prosecutor to handle the case however it goes forward.