Police said tests showed Brent had a blood alcohol level that was more than twice the legal limit.
The case has gotten widespread attention, even after Brent’s retirement last July. Brent was briefly jailed after testing positive multiple times for marijuana, but remains on bond.
Among the NFL players that have been listed as potential witnesses are safeties Danny McCray and Barry Church, who have said they were among the teammates with Brent and Brown that night, and cornerback Orlando Scandrick.
“Everybody had maybe a little too much to drink,” Church told The Dallas Morning News last month. “Nobody thought maybe we should get (Brent) a ride. He seemed intoxicated, but not like, ‘Ah, I can’t make it type.’ We’ve all been there. We’ve all been behind the wheel a little intoxicated.”
Brown’s mother, Stacey Jackson, also told the newspaper that she couldn’t stay angry at Brent for what happened.
“If being mad at Josh would bring Jerry back, I would be the No. 1 person. I would be mad as hell at him,” Jackson said, adding that doing that “takes too much time and too much energy.”
But prosecutors have indicated they will push hard for a conviction and prison time.
“A person lost his life here,” Dallas County District Attorney Craig Watkins said in an interview on local sports radio last year. “And so for us to protect the public and send a message, we feel that we have a responsibility to make sure that he loses his freedom.”
(AP Photo: Former Dallas Cowboys’ Josh Brent stands in court as potential jurors are directed into Judge Robert Burns, looking on in back, courtroom Friday, Jan. 10, 2014, in Dallas.)