Former Spurs guard Josh Primo will not be charged by Bexar County District Attorney Joe Gonzales

‘Simply not enough evidence to prove the required elements of the charge’

FILE San Antonio Spurs' Josh Primo dribbles up the court during the second half of an NBA basketball game against the Charlotte Hornets, on Oct. 19, 2022, in San Antonio. Dr. Hillary Cauthen, a psychologist who worked for the Spurs has settled her lawsuit against the team and former player Josh Primo over allegations he had exposed himself to her multiple times in private sessions, her attorney said Thursday, Nov. 17, 2022. (AP Photo/Darren Abate, File) (Darren Abate, Copyright 2022 The Associated Press. All rights reserved.)

SAN ANTONIO – Former Spurs guard Josh Primo will not face criminal charges in Bexar County for allegedly exposing himself to a former team staff member on at least five occasions.

On Friday, District Attorney Joe Gonzales announced his office was declining charges of indecent exposure due to insufficient evidence.

“More than one prosecutor reviewed the evidence on each charge in this case,” said Bexar County Criminal District Attorney Joe Gonzales. “Each determined that there was simply not enough evidence to prove the required elements of the charge and meet a prosecutor’s statutory obligation.”

The Bexar County Sheriff’s Office said last year it would investigate the claims.

Primo, the No. 12 overall pick by the Silver and Black in the 2021 NBA Draft, was released by the Spurs suddenly on Oct. 31, 2022, before a game versus the Chicago Bulls.

He was signed by the Los Angeles Clippers in Sept. 2023 but has yet to return to an NBA court.

The NBA suspended Primo for four games after the Spurs released him last year. The league said in a press release that they conducted their own investigation and consulted with various experts before determining that Primo “engaged in inappropriate and offensive behavior by exposing himself to women.”

KSAT 12 reported in 2022 that former Spurs performance psychologist Dr. Hillary Cauthen filed a lawsuit, alleging that Primo exposed himself to her nine times during private sessions with him. She later agreed to settle the lawsuit that she filed against the team and dropped her lawsuit against Primo in November 2022.

A civil case — like Cauthen’s lawsuit — requires a lower burden of proof than criminal charges, which must be proven “beyond a reasonable doubt.”

In the lawsuit, Cauthen claimed that she first told Spurs management about the incidents in January of 2022, but she said no action was taken.

The NBA’s statement said that Primo contends his conduct was not intentional and that the NBA did not find any evidence that he engaged in any other sexual or other misconduct apart from those exposures.

Primo was waived by the Spurs just four games into the season. A statement released by the Spurs said the release would “serve the best interest of both the organization and Joshua,” while Primo released a statement saying he was dealing with “previous trauma” and focusing on his mental health.

The 6-foot 6-inch shooting guard out of the University of Alabama averaged 5.9 points per game in 54 games played, with 16 total starts with the Spurs.

About the Authors:

Kolten Parker is digital executive producer at KSAT. He is an amateur triathlete, enjoys playing and watching soccer, traveling and hanging out with his wife.

Ben Spicer is a digital journalist who works the early morning shift for KSAT.