Prosecutors miss deadline, ask for dismissal of gambling charge against Iowa State tight end
Prosecutors are asking to drop a sports betting-related charge against Iowa State tight end DeShawn Hanika after taking too long to indict him.
Hanika's attorney on Thursday filed a motion to dismiss an accusation of tampering with records, saying the timeline of the case violated Hanika's right to a speedy indictment under Iowa law.
After the charge was filed on Aug. 10, Hanika pleaded not guilty a day later. An indictment against Hanika was not filed until Thursday — four days after the deadline to do so. Iowa law requires an indictment to be filed within 45 days after an adult is arrested and has made an initial court appearance.
"In this matter there is simply no good cause for the state's untimely filing of the trial information," Hanika's attorney, Van Plumb, wrote in his motion.
Prosecutors filed their own motion to dismiss the case Friday, citing "reasons stated in the defendant's motion."
Iowa gambling probe: More Iowa and Iowa State football players, including DeShawn Hanika, charged
Story County Attorney Tim Meals and a spokesperson for Iowa State athletics did not respond to requests for comment.
As of Friday afternoon, the charge had not been dismissed by the judge presiding over Hanika's case.
Hanika was accused of placing 70 bets on Iowa State basketball, according to the original complaint, out of 288 total wagers for over $1,262. He is one of several Iowa State athletes to face criminal charges relating to sports betting, along with a number of athletes from the University of Iowa.
He could face permanent NCAA ineligibility under the governing body's rules against gambling on a student-athlete's own games or on other sports at their school.
Correction: The name of the attorney who filed the motion to dismiss on behalf of DeShawn Hanika was incorrect in an earlier version of this article. The attorney is Van Plumb.
This article originally appeared on Des Moines Register: Prosecutors file late: Iowa State athlete's gambling charge could die
