On Monday, June 8, 2026, ABC4 reported that the Washington County Attorney’s office filed a motion to disqualify Judge Jay T. Winward from presiding over the case of former BYU football player Parker Kingston, who faces a first-degree felony rape charge.
The motion, filed by County Attorney Jerry Jaeger, alleges that Judge Winward has demonstrated bias towards Kingston, stemming from his athletic background. Jaeger stated that the decision to file the motion was made reluctantly, and only after Judge Winward did not voluntarily recuse himself when initially asked.
Kingston was charged in February 2026, at which time he was a member of the BYU football team. Following the charges, the university confirmed that Kingston was no longer a student or a member of the football team.
The motion claims that despite Judge Winward’s initial assertion that Kingston’s status as a sports figure would not influence the proceedings, subsequent actions suggest otherwise. Specifically, Jaeger pointed to a May 18 hearing where the judge reportedly factored Kingston’s athletic career into scheduling decisions. The county attorney argues that the judge is prioritizing Kingston’s trial schedule and accommodating his availability, while simultaneously denying a similar request for the victim.
The victim and her attorney had requested a 12-week continuance for her recovery, stating she needed to be medically and psychologically capable of testifying. However, the judge scheduled the trial for only six weeks later. While a preliminary hearing extension was later granted, the victim reportedly felt she was treated unequally.
Further allegations of bias include Judge Winward’s ruling not to disclose the victim’s real name, a directive that was allegedly not enforced when defense attorneys referred to her by her name on two separate occasions. The motion contends that the victim perceived this as unequal enforcement, suggesting her interests were less protected than Kingston’s.
The motion also references a previous case handled by Judge Winward involving Utah Tech Basketball player David Elliot, which also involved a rape allegation. In that case, the judge dismissed the charges during a preliminary hearing, reportedly commenting on buyer’s remorse and questioning the DNA evidence.
The county attorney noted that while this previous case is not being used as sole proof of bias, it contributes to an appearance that the judge may approach sexual assault allegations involving prominent athletes with skepticism.
Based on these claims, Jaeger is requesting that another judge independently review the records of hearings held on March 18, April 23, and May 26, as well as the sealed medical records of the victim. The County Attorney’s office clarified that while they were not personally present at these hearings, the facts presented in the motion are based on information from the alleged victim, her attorney, and the prosecutors who attended.
Source: ABC4
