State can refile attempted murder charge in Williams case

Updated: October 15, 2007, 1:37 PM ET
Associated Press

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.

Copyright 2007 by The Associated Press