The two-year no-contact order against Boise State redshirt freshman tight end David Lucero likely will be removed next month and he hopes to return to the Broncos football program, Boise attorney Jon Cox said Saturday night.
Lucero entered a guilty plea to misdemeanor battery Friday in a domestic violence incident with a girlfriend who also is a Boise State student-athlete. The original charge was felony attempted strangulation.
Lucero’s case will be dismissed if he completes his two years of probation without incident, said Cox, who represents Lucero.
Part of the plea deal, Cox said, calls for the no-contact order to be removed when Lucero finishes his 32 hours of alcohol/DUI education classes, which is scheduled to happen Jan. 18. He already has completed 32 hours of anger management classes.
Lucero also received two days in jail, which has been served.
The victim supported the resolution and requested removal of the no-contact order, Cox said.
“It was resolved that way because that’s the way it should have been resolved,” Cox said. “He never strangled her, he never attempted to strangle her. It looked like in the reports eight different people saw eight different things.”
The Ada County prosecutor’s office didn’t respond to an interview request.
Lucero finished the fall semester at Boise State, Cox said. He was suspended indefinitely from the football team upon his arrest Nov. 17.
The university is conducting a required Title IX investigation into the incident and released the following statement Saturday: “David Lucero remains suspended indefinitely from the Boise State football team. The university process is ongoing in reviewing this matter.”
At his arraignment Nov. 18, the prosecutor told Judge Michael Oths that the victim accused Lucero of grabbing her neck and applying pressure at a seven on a 1-10 scale.
Bond was set at $25,000. Lucero posted bond and was released from jail less than an hour after the arraignment.
The incident occurred Nov. 16.
According to the prosecutor, a neighbor heard the woman yelling “stop” and “help” and called police.
“That led the neighbor to believe someone inside was going to kill the other person,” the prosecutor said at the arraignment.
The victim was crying, had red marks on her neck and had a hoarse voice when police arrived.
A roommate was interviewed, the prosecutor said, and reported that Lucero “was in a rage and had to be physically restrained from attacking the victim as well as destroying property in the room.”
“The defendant denied physically grabbing the neck of the victim,” the prosecutor said, “but did admit to destroying property and consuming alcohol.”
Cox told the judge that Lucero left his residence but returned when he was told the Boise Police wanted to talk to him. The police left without making an arrest. They arrested Lucero later in the day at Boise State, Cox said.
Lucero has appeared in nine games this season. He has four catches for 63 yards as the fifth man in the tight end rotation.