Details were shared in court Tuesday about two new sexual assault allegations that landed ex-NFL player Kellen Winslow Jr. back behind bars.
According to prosecutors, Winslow is accused of touching himself on two occasions in front of a 77-year-old woman last month at a Carlsbad gym.
Deputy District Attorney Dan Owens provided more information of these allegations following Winslow’s court appearance.
On Feb. 13, Owens accused Winslow of approaching a 77-year-old woman exercising at Crunch Fitness in Carlsbad and touching himself.
The woman, who later reported the incident to police, claimed Winslow asked “if she saw (his penis) and if she liked that,” according to Owens.
On Feb. 22, the deputy district attorney said Winslow approached the same woman again.
“He saw the same woman alone in a Jacuzzi at the same gym, and walked up to her – had not been wearing any trucks or any swimsuit – had only a towel wrapped around his waist. He entered into the Jacuzzi where she sat alone, and he then, as she stated, ‘Unmistakably began masturbating a few feet away from me.’ He reached out and he touched her on the arm, and she pulled her arm back. He touched her with his foot on her foot, and she reported what happened to her husband and they reported to the gym and, ultimately, law enforcement,” Owens said.
Attorney Marc Carlos, who is a part of Winslow’s defense, said these allegations can only be charged as misdemeanors. “So, it’s not an increasing level of any danger,” he said.
In total, Winslow faces charges of two counts of lewd conduct, willful cruelty to an elder, and battery against an elder, according to court documents.
On Feb. 28, Winslow, who was out on $2 million bail at the time, was ordered to remain on house arrest for these misdemeanor charges.
A hearing was held on Monday where the defense asked to dismiss Winslow’s prior charges stemming from sexual assault, kidnapping, and sodomy allegations with at least four women.
This proceeding was separate to the February allegations. Though, prosecutors will file a motion to consolidate the new allegations with the previous charges into one trial, according to Owens, before Winslow’s trial scheduled for April 30.
The court dismissed one count of kidnapping Monday, citing insufficient evidence to prove Winslow physically forced a woman into his vehicle or that he instilled fear in her.
“We’re very fortunate that we were able to get the kidnapping charge dismissed – of course, that carries a life sentence. The court did dismiss that charge, and we will continue to litigate every other aspect of this case,” said Attorney Brian Watkins, a part of Winslow’s defense team.
During Monday’s hearing, a judge ordered Winslow to be booked into jail without bail.
Owens cited an alleged incident earlier this year between Winslow and an 18-year-old high school student as a factor into the court’s decision to deny him bail.
“Mr. Winslow, back in January of this year, had contacted an 18-year-old high school student who was walking home from school, and he commented he had seen her in the area the last couple of days. He told her that he thought she was cute. He asked her for her phone number. He asked how old she was. He asked her where she lived. She rebuffed his advances,” Owens said.
According to the deputy district attorney, the high school student didn’t get into Winslow’s car, but instead went to her friend’s house where she told her friend and her friend’s parents, who ultimately reported it to law enforcement.
Though, the nature of the incident resulted in no criminal charges being filed, Owens said.
“However, the court found it particularly persuasive that he was engaged in that type of contact as he said on the record in this hearing today, because it was similar contact to how he ultimately obtained Jane Doe 1’s and Jan Doe 2’s consent to get into his vehicle. So, the fact that he was engaged in the conduct directing a high school student while out on bond on GPS monitoring is what also factored into the court’s decision to deny him bail,” Owens said.
Winslow was first arrested on June 7 after a report of a possible burglary in the senior community Park Encinitas. The arrest led to sexual assault, kidnapping and sodomy allegations for incidents with at least four women over the age of 50 over a three-month span, according to court documents.
He also is charged with forcible rape and rape of an unconscious woman in connection with the assault of an Escondido High School teenager when he was a student at the University of Miami in June 2003, according to prosecutors.
Winslow pleaded not guilty to the charges.
If convicted on all previous counts, Winslow could be sentenced to life in prison.
“He does face, at least, three terms of life imprisonment. If you wanted to actually do the calculation, it would be well over 100 years to life in prison,” Owens said.
Winslow, the son of former San Diego Chargers great Kellen Winslow Sr., grew up in San Diego and graduated from Scripps Ranch High School before playing his college football at the University of Miami.
His NFL career started with the Cleveland Browns in 2004 and included stints with the Tampa Bay Buccaneers, Seattle Seahawks, New England Patriots and New York Jets.