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A felony rape charge filed against former BYU wide receiver Parker Kingston was dismissed without prejudice Thursday morning by the judge overseeing the case, according to multiple reports.
The Washington County Attorneys Office told The Associated Press that it intends to refile the case at a later date.
Advertisement Judge Jay Winward of the Utah Fifth District Court made the ruling a day after state prosecutors once again filed to delay the upcoming scheduled trial by two months.
Winward stated that his decision to dismiss the case came after prosecutors filed the motion to give the alleged victim more time to prepare to testify in court.
The trial was recently scheduled to begin July 6 in St.
George, Utah, where the alleged incident took place.
In accordance with Utah law, the case can still be refiled by prosecutors at a later time since it was dismissed without prejudice.
We are shocked and deeply disappointed by the dismissal of this case, a spokesperson for the victims family said in a statement released to The Athletic.
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 Courts decision will be difficult for many victims to understand and accept.
It sends a message that even when someone finds the strength to speak out, they may still be unheard.
While we are in disbelief at the events of today, we are grateful for the Washington County Attorneys office who have assured us that charges will be re-filed.
The fight for justice for our daughter will continue.
On June 8, Washington County attorney Jerry Jaeger filed a motion to disqualify Winward from the case, as the alleged victim in this case has lost all confidence that she can receive a fair proceeding before Judge Winward.
The victim seeks nothing more than the opportunity to present her testimony and have the allegations adjudicated before an impartial court and jury.
Jaeger accused Winward of having a bias toward Kingston and his sports career in the case.
In his request to disqualify Winward, Jaeger stated that during a hearing on May 18, Winward stated on the record that he needed to consider the Defendants athletic sports career in determining scheduling matters.
Advertisement A day later, on June 9, Judge John J.
Walton, presiding judge in Utahs Fifth District court, denied the motion to disqualify Winward.
A preliminary hearing held on April 23 identified May 26 for the start of the jury trial, but on May 12, prosecutors filed a motion to delay the trial by stating the alleged victim was not currently able from a mental health prospect to proceed forward to trial on May 26.
Kingston, 22, was accused of assaulting the alleged 20-year-old victim in her St.
George home in February 2025.
A year later, Kingston was arrested on Feb.
11 in Provo and was later charged with felony rape on Feb.
13.
That night, BYU announced that Kingston had been expelled from the university and that he would no longer be a member of the BYU football program.
University administration and athletic administration, including BYU head coach Kalani Sitake, were only made aware of the investigation and allegations after Kingstons arrest this past Wednesday, Feb.
11, according to a BYU statement in February.
In a video posted on social media this week, Kingston was shown working out inside BYUs practice facility.
According to a BYU athletics statement, The video currently circulating 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.
Kingston, who was set to be a senior in 2026, led the Cougars in receiving yards (928) and receptions (67) in 2025..