Former Cowboys receiver Hurd's attorney says plea agreement withdrawn

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by JOSH DAVIS

WFAA

Posted on September 19, 2012 at 9:54 AM

Updated Wednesday, Sep 19 at 12:54 PM

DALLAS - A document that appeared to be prematurely uploaded early on a federal site Wednesday revealed a plea agreement in which former Cowboys receiver Sam Hurd would plea guilty to possession with the intent to distribute cocaine. However Hurd's attorney said the plea agreement has been withdrawn.

Hurd's attorney, Jay Ethington, told the Associated Press the documents were posted prematurely, and he and prosecutors are still considering if they will continue plea bargaining, or will go to trial as scheduled in October.

The documents alleged that Hurd, 27, attempted to purchase several kilograms of cocaine.

On July 27, 2011, officers stopped Toby Lujan driving Hurd's Cadillac Escalade. According to the documents, they seized "$88,000 from a canvas bag containing marijuana residue." Lujan told authorities the money was part of a deal with Hurd in which Lujan was to purchase drug from the player.

After the cash seizure, the documents say Lujan continued to help Hurd acquire cocaine through late summer and fall 2011. He put Hurd in contact with a confidential informant who agreed to meet Hurd at a Chicago steakhouse to establish a long-term illicit business relationship.

On Dec. 14, 2011, Hurd met the informant and an undercover officer at the steakhouse and agreed to purchase multiple kilograms of cocaine from the informant and officer on a weekly basis for $25,000 per kilogram. The undercover officer gave Hurd a kilogram of cocaine in a gift bag as a sample. Hurd took the cocaine and told the informant and officer to contact him after football practice the following day for payment.

Law enforcement officers arrested Hurd with the kilogram of cocaine as he left the steakhouse.

The documents also detail why Hurd was arrested on bond this past August, including buying 30 pounds of marijuana from Jesse Tyrone Chavful, who the documents identify as Hurd's co-conspirator and cousin, and testing positive for marijuana use in mid-May 2012 and mid-July 2012.

Hurd is scheduled to go to trial in October for the Conspiracy to Possess with Intent to Distribute a Controlled Substance charge. The charge carries a sentence of 10 years to life and a fine not to exceed $10,000,000.

Information from the Associated Press was used in this report

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