DENVER -- A judge has thrown out an attempted-murder charge against a man who owns the vehicle that police believe was used in the fatal drive-by shooting of Denver Broncos cornerback Darrent Williams.

Brian Hicks was charged in connection with a 2005 gunfire attack that was unrelated to Williams' slaying.

Hicks was in jail when Williams was killed, as he and others were riding away from a New Year's Eve party at a Denver nightclub.

A Denver district judge dismissed the attempted-murder charge Monday because federal authorities refused to make him available in the state case by a Friday deadline.

Hicks is in federal custody on a third, unrelated drug case.

State prosecutors say they'll review their options, including possibly refiling the attempted-murder charge after the federal case against Hicks is wrapped up.

Williams was riding in a stretch limousine when he was shot and killed at 2 a.m. on New Year's Day. Authorities said that someone in a nearby sport utility vehicle sprayed his limo with 14 bullets.

The SUV that the shots came from was owned by Hicks, although Hicks was in jail at the time of the shooting.

Hicks, 28, has been jailed since Nov. 9 on a charge of possessing drugs with intent to distribute. He's also accused of shooting at a woman who was later killed a week before she was to testify against him. His bond was increased to $1 million after the woman was killed and his trial date was rescheduled.