Wendell Smallwood Jr., the former Philadelphia Eagles running back who won a Super Bowl championship, has been granted early release from prison so he can spend his daughter’s final days at her bedside as she battles terminal cancer.
Smallwood, 32, has been incarcerated since 2024 on federal fraud charges tied to COVID-19 relief programs and on state gun possession charges. His 8-year-old daughter, Mila, was diagnosed with diffuse anaplastic Wilms tumor, an aggressive and rare form of childhood kidney cancer, earlier this year. Doctors have told the family she has only days or weeks to live.
On August 7, Gloucester County Superior Court Judge Renard Scott granted a motion to withdraw Smallwood’s guilty plea in the New Jersey gun possession case, citing his daughter’s illness as justification. The ruling could allow Smallwood to be released as early as August 17.
“This is an illness that is untreatable,” Judge Scott said during the hearing. “His daughter has days, possibly weeks remaining.”
Smallwood was sentenced to 18 months in federal prison in September 2025 after pleading guilty to wire fraud, conspiracy, and tax fraud in connection with fraudulent applications for COVID-19 pandemic relief funds. He also pleaded guilty in March to second-degree unlawful possession of an assault firearm for keeping an AR-15 rifle in his New Jersey home, a state where such weapons were banned at the time. He received a concurrent three-year state prison sentence for that charge.
The judge noted that while Smallwood would have been eligible for full parole in November, waiting that long would be too late to say goodbye to his daughter. Judge Scott emphasized that Smallwood is not considered a danger to the community and that he bought the gun legally in Pennsylvania before making a “poor judgment call” by possessing it in New Jersey.
The breakthrough in Smallwood’s case came after a July appeals court decision by the 3rd Circuit Court of Appeals found New Jersey’s assault weapons ban unconstitutional. That ruling provided legal grounds for Smallwood to withdraw his guilty plea. Smallwood’s conduct in federal custody and his participation in prison rehabilitation programs also factored into the judge’s decision.
Smallwood’s attorney, Yaron Helmer, stressed the human stakes of the case. “This is not just a matter of legal semantics,” Helmer told reporters. “It’s about whether his daughter will hold her dad again.” He noted that Mila is currently in palliative care, receiving end-of-life care to keep her comfortable.
Gloucester County Prosecutor Andrew Johns had opposed Smallwood’s effort to get out of prison early. When Gloucester County Assistant Prosecutor Bryant Flowers requested that Judge Scott stay his ruling to allow prosecutors to appeal, the judge refused. “I’m not going to grant the stay,” Scott said.
Smallwood’s wife, Autumn, expressed the family’s gratitude for the ruling and the support they have received. “We felt the support from so many people, and we are truly grateful,” she wrote in an email. “We are grateful for this step forward, but our biggest fight is still Mila’s. Please continue to keep her in your prayers as she continues to fight.”
Smallwood was originally about three months away from qualifying for full parole on his federal sentence before the early release was granted. His criminal case stemmed from schemes he orchestrated after his professional football career ended. Federal prosecutors said he submitted fraudulent applications for Paycheck Protection Program loans in the names of at least 13 people, receiving kickbacks ranging from $4,000 to $12,000 for each application. In total, nearly $270,000 in fraudulent PPP funds were obtained through these schemes.
Prosecutors also alleged that Smallwood applied for Economic Injury Disaster Loans using false information about nonexistent or recently registered businesses, fraudulently obtaining nearly $50,000. He was ordered to pay $645,000 in restitution as part of his sentencing.
Smallwood was a fifth-round draft pick out of West Virginia University by the Eagles in 2016. He spent three seasons with Philadelphia and was on the team’s roster during their historic 2017 season, when the Eagles defeated the New England Patriots 41-33 at U.S. Bank Stadium in Super Bowl LII to win their first championship in franchise history. He later played for the Washington Commanders and Pittsburgh Steelers before his career ended in 2021.
Helmer said he hopes prosecutors do not appeal the judge’s decision to release Smallwood. “Justice was done,” the attorney said.