DENVER—A judge threw out an attempted-murder charge Monday against a man who owns the vehicle that police believe was used in the fatal drive-by shooting of Denver Broncos cornerback Darrent Williams.
Brian Hicks was charged in connection with a 2005 gunfire attack that was unrelated to Williams’ slaying. Hicks was in jail when Williams was killed as he and others were riding away from a New Year’s Eve party at a Denver nightclub.
A Denver district judge dismissed the attempted-murder charge Monday because federal authorities, who have Hicks in custody in a third, unrelated case, refused to make him available in the state case by a Friday deadline.
Federal authorities are pursuing a drug case against Hicks and have priority over the state case.
State prosecutors said they would review their options, including the possibility of refiling the attempted-murder charge after the federal case against Hicks is wrapped up.
