Baylor University defensive end Sam Ukwuachu, formerly a freshman All-American at Boise State University, is set to stand trial this month on charges he sexually assaulted a Baylor student in 2013.
Judge Matt Johnson of Waco’s 54th State District Court has set Ukwuachu’s trial on two counts of sexual assault to begin Aug. 17.
Ukwuachu, 22, who went to Pearland High School, graduated from Baylor in May and is taking graduate courses.
He has not played at Baylor since transferring from Boise State in 2013 after he was dismissed from the team for violating unspecified rules.
He is charged with sexually assaulting a former Baylor student at a South Waco apartment on Oct. 20, 2013.
Waco police Sgt. W. Patrick Swanton said police interviewed the woman and filed a report but suspended the case without arresting Ukwuachu.
Police forwarded the case in March 2014 to the McLennan County District Attorney’s Office, which obtained an indictment against Ukwuachu three months later, according to court records.
Ukwuachu’s attorney, Jonathan Sibley, said Ukwuachu and the woman had a prior relationship, the encounter was consensual and her assault allegations came “out of the blue.”
“We are looking forward to the trial,” Sibley said. “Sam passed a polygraph exam, he’s been cleared by Baylor and has graduated and is 100 percent innocent of these charges against him. He has done everything a man can do to clear his name, and he is looking forward to the trial so he can finally do that.”
Sibley said Baylor cleared Ukwuachu to play but took away that privilege after he was indicted. Sibley said he thinks Baylor will allow him to play if he is acquitted at trial.
Baylor head coach Art Briles did not return a phone message left Wednesday. University spokeswoman Lori Fogleman said Baylor is aware of the situation, but declined additional comment.
Prosecutors Hilary Laborde and Robert Moody have issued subpoenas for Ukwuachu’s records from Boise State and for the testimonies of a Boise, Idaho, police officer; an assistant athletic director; Ukwuachu’s former roommate; and a woman with whom he reportedly had an abusive relationship.
Records from Boise State filed in the case show that Ukwuachu, who reportedly was drinking and using drugs, and the woman were involved in a dispute. Ukwuachu broke a window and cut his arm, requiring medical treatment and prompting a Boise police investigation.
It is unclear from the records if that incident triggered Ukwuachu’s dismissal from the Boise State team, where he started the final 12 games as a freshman and had 35 tackles, including 16 solo tackles, and 4.5 sacks as a defensive end.