Former Philadelphia Eagles running back and Super Bowl champion Wendell Smallwood could walk out of federal prison within days to be at the bedside of his dying 8-year-old daughter, after a New Jersey judge cleared the way for his early release.
Smallwood, 32, is eligible to be released from Fort Dix Federal Correctional Institution as early as August 17, following a ruling on August 7 by Gloucester County Superior Court Judge Renard Scott that allowed Smallwood to withdraw his guilty plea in a separate state gun case. That plea had been a major obstacle to his release from federal custody.
Smallwood’s daughter, Mila, was diagnosed earlier this year with diffuse anaplastic Wilms tumor, a rare and aggressive form of kidney cancer. According to the Delaware News Journal, chemotherapy has been unsuccessful, and doctors say the young girl has only days or weeks to live.
In explaining his decision, Judge Scott pointed directly to Mila’s condition, calling it an “unfortunate situation none of us would want to face.” He added, “This is an illness that is untreatable. His daughter has days, possibly weeks remaining.”
Smallwood’s attorney, Yaron Helmer, echoed the urgency: “They can’t do anything except make her comfortable now. I can’t think of a stronger reason than to be with his dying daughter.”
Scott also noted that Smallwood was roughly three months away from qualifying for full parole on his state sentence, further supporting the decision to let him withdraw the plea.
Two concurrent sentences
Smallwood was serving two overlapping sentences. One was an 18-month federal term for fraud tied to COVID-19 economic relief programs. The other was a three-year New Jersey sentence for possession of an AR-15-style rifle.
The state conviction came into question after a federal appeals court ruled in July that New Jersey’s ban on AR-15-style rifles is unconstitutional. That ruling gave Smallwood grounds to challenge his state conviction, and Scott’s decision to allow the plea withdrawal removed the state sentence as a barrier to his release.
Smallwood had legally purchased the rifle in Pennsylvania but crossed into New Jersey with it. Scott described the incident as a “poor judgment call” and stressed that Smallwood posed no threat to the community.
From Super Bowl to prison
Before his legal troubles, Smallwood was a promising NFL running back. He played college football at West Virginia before being selected by the Eagles in the fifth round of the 2016 NFL Draft. He spent three seasons in Philadelphia and was part of the team that defeated the New England Patriots in Super Bowl LII.
He later played for Washington and Pittsburgh before his career ended.
The news of Smallwood’s potential release has drawn sympathy, with many pointing to the heartbreaking circumstances of a father racing to say goodbye to his child. While the legal process is still in motion, the judge’s ruling offers a rare glimpse of compassion within the criminal justice system.
Source: www.dailywire.com — https://www.dailywire.com/news/former-super-bowl-champ-could-leave-prison-early-to-be-with-dying-child