Packers' Josh Jacobs to be released from custody, charging decision not yet made
CBS 58 GREEN BAY, Wis. (CBS 58) -- Packers running back Josh Jacobs was released from custody Wednesday, May 27, according to the Brown County District Attorney's office, because prosecutors said they need more time before making a final charging decision.
Hobart Lawrence Police arrested Jacobs on Tuesday following officers' response to an incident around 8:30 Saturday morning.
Jacobs was held in the Brown County Jail on several pending charges, including a felony count of strangulation and suffocation.
Jail records showed Jacobs also being held on pending misdemeanor charges of battery, criminal damage to property, disorderly conduct and intimidation of a victim.
Around noon Wednesday, Brown County D.A. David Lasee issued a statement announcing his office was not yet ready to decide whether the 28-year-old halfback would face criminal charges.
"Our office has requested additional investigation, as there is reason to believe that additional evidence may exist that would impact whether criminal charges are appropriate, and what charges would be issued," Lasee said, adding Jacobs will be released from custody. "A final charging decision will be made by our office at a later date."
Jacobs is being represented by the Las Vegas-based law firm, Chesnoff & Schonfeld.
His attorneys issued a statement Tuesday maintaining "important" evidence had yet to come to light.
"We are extremely pleased that Josh has been released from custody and that no criminal charges have been filed against him," the law firm said in a statement after Lasee's announcement Wednesday. "We remain confident that, once all of the evidence is gathered and evaluated, it will confirm that no charges should be brought against Josh in the future."
John Gross, a criminal law professor at UW-Madison, said the high-profile nature of the case, along with Jacobs' financial resources, may have factored into the prosecutors' decision to take more time reviewing the evidence.
"When you have somebody who is a prominent figure in the community, who has access to the best legal defense money can buy, prosecutors sometimes hesitate," Gross said, noting Jacobs' standing as a Packer also puts prosecutors under the microscope.
"If they sort of rush to judgement, they're gonna really have a hard time walking that back. Then it's gonna look they're perhaps playing favorites."
Gross added domestic violence are particularly difficult for prosecutors.
In some cases, victims may end up asking for the accused to not face charges, or there could be two very different versions of what happened with no witnesses to corroborate either story.
As far as the additional evidence both Jacobs' lawyers and Lasee mentioned, Gross said that "usually refers to the context leading up to the event alleged to have occurred."
"What else was going on?" he said. "Were there other acts of violence that were, perhaps, initiated by the victim in the case?"
Gross added there could there's also the political reality of district attorney being an elected office.
Botching any charging decision is a bad look, but Gross noted plenty more people will notice if a public figure is either perceived to either get special treatment or be the target of an overzealous prosecutor.
"There is the court of public opinion, particularly in Brown County when it comes to filing charges against a member of the Packers," Gross said. "If you get this wrong, there can be electoral consequences for you."
