NEW ORLEANS — New England Patriots wide receiver Kayshon Boutte will not be prosecuted on charges related to illegal online gaming that police said took place while he was underage and still a player at Louisiana State University, a Baton Rouge prosecutor said Tuesday.
First Assistant District Attorney Tracey Barbera said the decision was made in part because Boutte has completed a ''gambling awareness'' mitigation program. Barbera also stressed that Boutte did not bet against himself or his team — and that his conduct did not cause others financial losses.
''Betting against himself would be the only way that he could control the bet," Barbera told The Associated Press. "He can guarantee a dropped ball, but he can't guarantee a reception or a touchdown.''
Boutte also has agreed to a ban from gaming in Massachusetts and on the FanDuel and BET99 online sites.
''In light of his mitigatory actions, we do not believe a felony prosecution is appropriate,'' said Barbera, who also praised the Louisiana State Police investigation which led to the charges.
The NFL still could choose to suspend or fine Boutte, but that remains unclear.
''We have been following developments in the matter, which remains under review,'' the NFL said Tuesday in a statement provided by league spokesman Brian McCarthy. ''He may continue to participate in all team activities.''
The Patriots declined to comment on Tuesday's development.