AUBURN, AL (WTVM) - Prosecutors learned that instead of serving time for armed robbery Kowaski Kitchens spent two years as a free man, even declaring for the NFL draft.
According to prosecutors, justice was finally served Tuesday in the case of Kowaski Kitchens. Kitchens and three teammates were kicked off Auburn's championship team following their 2011 arrests for armed robbery.
He pled guilty in 2013, but hadn't served one second of his sentence....until now.
On Tuesday morning, a wrong was made right as Judge Christopher Hughes sentenced Kowaski Kitchens for a second time in a 2011 home invasion armed robbery of several Auburn students.
In a 2013 plea deal, Judge Hughes originally ordered Kitchens to serve weekends in a North Carolina jail, where he could play football at Shaw University, but the deal was unenforceable.
"Apparently there is no way to sentence folks to serve jail time intermittently in another jurisdiction," said district attorney Robbie Treese.
Prosecutors say it's not clear if Kitchens knew his sentence was unenforceable and that's why he never checked in at the North Carolina jail.
"When a judge tells you to do something and you don't do it, ultimately it's on the defendant, to step up to the plate and take responsibility," said Treese.
Kitchens' attorney, Andrew Stanley, says his client has been going to school and working towards his dream of playing in the NFL.
"He went to school and he played two seasons of football after December of 2014, he declared for the NFL draft to play professional football and he has been it Atlanta trying to live out his dream."
In June of 2014, the Lee County DA ordered Kitchens to be arrested in Atlanta, where he was training for the NFL draft.
Tuesday morning, the judge resentenced him to a 15 year split.
"There is a first for everything, it was an unusual situation, thankfully we stayed on top of it and got it taken care of," said Treese.
The 15 year split means Kitchen's will serve three years at the Lee County Detention Facility.
His attorney says he is eligible and will apply for work release, so he can work during the day and then serve his sentence at the jail at night and on weekends. Prosecutors say if he misbehaves, he could be ordered to serve the entire 15 inside an Alabama prison.
Meanwhile, Kitchen's former teammates have been serving their time. Dakota Mosley, Antonio Goodwin and Michael McNeal are in jail.
Godwin was found guilty at trial, he's serving 15 years. Mosley and McNeal pled guilty and received a 15 year split and they were also ordered to serve three years.