Utah’s 5th District Court Judge Jay Winward dismissed a rape charge against Parker Kingston on Thursday after denying another request to delay the jury trial.
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The former BYU football player was scheduled for a jury trial from July 6 to July 10 on a charge of rape, a first-degree felony. After hearing arguments from both sets of attorneys on the prosecutors’ request to delay the trial to give the alleged victim more time to prepare, Winward denied the request and dismissed the case without prejudice.
The judge said there is no constitutional right, on either side, to have a trial delayed while there is a right to a speedy trial.
Kingston, originally from Layton, played wide receiver at BYU and had planned to return to Provo for his final year of eligibility instead of entering the NFL draft.
‘Shattered’ trust
The alleged victim’s family said in a statement after the decision that they are “shocked and deeply disappointed” by the ruling.
“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.
They said the decision will affect other victims as well, and sends a message that those who find the strength to speak out might not be heard.
“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’s statement said.
The woman called police on Feb. 27, 2025, four days after Kingston had gone to her home, to report that she had been raped. She told police she had consented to sexual acts, but not to having sex. She said that after Kingston had sexual intercourse with her without consent, she felt like it was “mission accomplished” for him during an interview played at her preliminary hearing.
She told officers she met Kingston over social media and that they watched a movie at her apartment, but she had told him beforehand that 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.
‘Slap in the face’
Kingston’s attorney, Cara Tangaro, said prosecutors waited a long time to file the case. Tangaro said she had asked prosecutors if they would ask to dismiss the case if the trial got delayed past 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,” she argued.
Kingston attended the hearing virtually. He previously told investigators all sexual activity with the woman was consensual.
Tangaro said that during the dates of a previously scheduled jury trial, the alleged victim was celebrating her 21st birthday in pictures on social media — which, she said, has terrible optics and is “sort of a slap in the face” to her client. Tangaro argued that Kingston has had to put his life on hold, missed his wedding, is unable to take the two classes he needs to graduate, and is also dealing with mental health issues after being “what we believe is falsely accused.”
Deputy Washington County attorney Stephanie Harmon responded to the comment about social media pictures, citing a conversation about a photo of Kingston practicing with BYU Football players at a BYU facility.
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The BYU Athletic Department has said the content “is from a workout not run by BYU players or staff. This was not a BYU team activity, and BYU officials were unaware of it taking place and have responded appropriately.”
Tangaro also said it was not at a BYU practice but that Kingston and other players were meeting with a trainer who was not associated with BYU.
“He’s got to be out doing stuff and living his life while we’re waiting for his day in court,” she said.
‘We want this to go to trial’
Harmon argued that a two-month delay is reasonable and that prosecutors would do everything in their power to ensure the trial would happen in September.
“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 was not considering any of the social media posts in his decision.
Prosecutors asked for a written ruling after the judge said he should not delay the case, which is needed to initiate an appeal. They said they still would not be ready for the July trial, asking instead for a status conference next week to discuss the next steps.
Instead of setting a status conference, Winward said he is allowed to dismiss a case if he finds it would further justice and if either party has requested it. He dismissed the case without prejudice, noting that the alleged victim could seek to bring it back at any time.
Presumption of innocence remains
Although there is no deadline for a speedy trial, the judge said the case has already disrupted Kingston’s life, and he still has a presumption of innocence. The judge said they routinely consider careers in trial scheduling and that he was not just considering Kingston’s career but his education and family.
He said prosecutors delayed filing the case for a year so the woman who came forward to accuse Kingston of rape had time to prepare, and he was not sure that there was support that if she was not ready to testify now, she would be in a few months.
Winward said, “There’s no assurance that (the September trial) will actually occur,” citing that the prosecutor said they would let the judge know by August if there was going to be another delay. The judge also said there was evidence that he was prepared to testify as of May 2025 in the preliminary hearing.
He said he was “a little baffled” that prosecutors were not asking to dismiss the case without prejudice to allow the woman to heal without a timeline.
Winward previously denied a request to delay the trial without a specific new date, instead granting a shorter delay, placing the trial in July to “balance the rights of both parties.” This time, prosecutors had asked to delay the trial until September.
Prosecutors contested the choice to not delay the trial further at that point, even asking to disqualify Winward from the case, but the request was denied.
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