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.
Boutte was arrested in January after state police said he created an online betting account under a fake name and placed thousands of illegal bets, including 17 on NCAA games, six involving LSU games — and even bet on himself in one game. Those bets violated state laws against bets being placed by a “prohibited player.”
A native of New Iberia and a graduate of Westgate High School, Boutte spent three years with LSU as a wide receiver, appearing in 27 games with 21 starts.
Boutte was selected in the sixth round of the NFL draft by the Patriots in 2023.
He played sparingly as a rookie last season, appearing in only five games and catching two passes for 19 yards. He is expected to be in tough competition to make the Patriots’ roster when they open training camp next week.
Boutte was in attendance during the Patriots’ offseason working program this spring. Coach Jerod Mayo said in May that they were waiting to see what, if anything, the NFL had to say about his case.
“Right now, he is out here. We will wait to hear from the league going forward, but he’s out here,” Mayo said. “He is doing a good job for us.”
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AP Sports Writers Brett Martel in New Orleans and Kyle Hightower in Boston contributed to this report.