A judge has thrown out a second-degree sexual abuse charge against a former Iowa football player. Judge Paul Miller this morning ruled prosecutors failed to show Cedric Everson was aided and abetted by a former teammate in the 2007 assault on a female athlete in a UI dorm room.

For that reason, Miller said Everson could not be convicted of second-degree sexual abuse. However, the jury can still find Everson guilty of third-degree sexual abuse, assault with intent to commit sex abuse and assault charges. The judge’s decision means the 21-year-old Everson now faces a maximum of 10 years in prison instead of 25. His defense rested without calling a witness.

Closing arguments in the case are set for this afternoon.