Attorneys representing former Texas Tech football players expect all charges related to a home burglary and gun theft over the winter break to be dropped against their clients.

Dakota Allen, 20, Robert Castaneda, 20, and Trace Ellison, 18, were released in May from Tech's football team for failing to uphold student-athlete expectations, Tech officials said at the time.

The men entered into an agreement with the district attorney's office for pre-trial diversion. Pre-trial diversion bypasses the court and places defendants on community supervision in exchange for the dismissal of their charges.

Guy Womack, a Houston attorney representing Allen, told A-J Media on Saturday afternoon that all of Allen's charges were dismissed without prejudice by the state on Friday.

"And since he was given such consideration, the DA gave it to all three of them," he said.

Officials with the 140th District Court on Monday said the dismissal orders for the men have not yet been signed by Judge Jim Bob Darnell. If the men violate the conditions of their agreement, the DA's office can re-file the charges.

(Update: Signed dismissal orders for Allen and Ellison were filed Tuesday with the Lubbock County District Clerk)

Lubbock County DA officials declined to comment Monday, saying the cases are still pending.

Castaneda's attorney, Chuck Lanehart, said the terms of his client's agreement with the district attorney's office include serving 24-hours of community service and participating in drug offender and theft intervention programs.

"If he does not complete it, the state still has the discretion to refile the charges, because the statute of limitations (for the crime) is three years, so they've got plenty of time to re-file," he said.

Allen's agreement includes similar conditions, Womack said.

He said the DA's office had discussed all the evidence with him and decided dropping all charges and placing his client on a pre-trial diversion was the best way to move forward.

"(Allen is) very relieved," he said. "I can't imagine a person less likely to do something like this and get himself in trouble and literally to break his family's hearts. It's just unbelievable. But as things have developed, he has a chance to repay all the faith that people have in him if he does everything right, and so he's extremely happy to have the opportunity."

A June grand jury returned indictments against Allen, Ellison and Castaneda on a second-degree felony count of burglary of a habitation, which carries a punishment of two to 20 years in prison.

Lubbock police investigators believed the three men broke into a home in the 4300 block of 43rd Street during the winter school break and stole several items, including a gun safe containing seven firearms, according to a Lubbock County arrest warrant.

The home's residents called police Jan. 9 saying they had left town Dec. 20 and returned to find their property missing, according to Lubbock police documents.

All three men reportedly admitted to the break-in and theft of the weapons, according to the warrant. Allen advised investigators he and Castaneda sold the guns. All of the recovered guns were returned to the owner.

A-J Media called Womack after seeing several social media posts this week had indicated Allen, who made 87 tackles last season, is set to transfer out-of-state to East Mississippi Community College.

"They have a lot of experience in working with athletes who had academic problems or disciplinary problems or criminal problems and they've had a lot of success with it," Womack said.

The school's staff will add its own conditions to Allen's pre-trial diversion conditions, Womack said.

"I think he's going to have a great year this year at Mississippi and hopefully get to a Division I school next year," he said.

Castaneda expects to attend an Iowa community college in the fall and hopes to play football, Lanehart said.

"We really appreciate the district attorney recognizing the reasons that this case should be treated in the way that they agreed to handle it," he said. "I have no doubt that my client will complete the terms of this agreement and he has a good future ahead of him."

Ellison's attorney did not immediately respond to a message left Monday on his cell phone.

Allen, a linebacker, was Tech's second-leading tackler last season as a redshirt freshman. Castaneda, also a redshirt freshman, played in all 13 games as a backup offensive lineman and as a tight end in short-yardage packages.

Ellison, an offensive lineman, was in his first year in the program and redshirted.

jordan.sigler@lubbockonline.com

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