Former Super Bowl champion running back Wendell Smallwood Jr., who’s been imprisoned since 2024 on fraud and gun possession charges, was granted an early release to be by the side of his 8-year-old daughter, Mila, who is dying of cancer, according to the Delaware News Journal.
Smallwood’s daughter reportedly was diagnosed with cancer earlier this year and doctors said she may have only days or weeks to live.
Gloucester County Superior Court Judge Renard Scott granted the motion to withdraw Smallwood’s guilty plea on Aug. 7, and said Smallwood’s reasoning for seeking release carried substantial weight.
“[It’s an] unfortunate situation none of us would want to face,” Scott said, per the outlet.
“This is an illness that is untreatable. His daughter has days, possibly weeks remaining.”
Smallwood, a 32-year-old father of three, was sentenced to 18 months in prison in September 2025 on federal fraud charges related to COVID-19 economic relief programs — and a state court sentence after pleading guilty to possessing an AR-15 rifle locked away in the basement of his home in New Jersey, a state where possession of such firearms is illegal.
Scott, who said that Smallwood is not considered a danger to the community, explained that the ex-Eagle bought the gun legally in Pennsylvania and made a “poor judgment call” by possessing it in New Jersey.
Smallwood reportedly was about three months from qualifying for full parole.
According to the Daily Mail, Mila was diagnosed earlier this year with diffuse anaplastic Wilms tumor, a rare and aggressive form of childhood kidney cancer.
Smallwood’s daughter underwent unsuccessful chemotherapy between visits with her father at the federal Fort Dix prison, according to the Delaware News Journal, which said she is currently in palliative care.
“They can’t do anything except make her comfortable now,” said Yaron Helmer, Smallwood’s attorney.
“I can’t think of a stronger reason than to be with his dying daughter.”
Helmer said Smallwood could be released as early as Aug. 17.
“This is not just a matter of legal semantics. It’s about whether his daughter will hold her dad again,” Helmer said.
Smallwood’s wife, Autumn, thanked the judge for taking the time to hear the petition and also God “for carrying our family through all of this” in an email to the Delaware News Journal, adding that her husband is thankful to those that showed support.
“We felt the support from so many people, and we are truly grateful,” Autumn wrote.
“We are grateful for this step forward, but our biggest fight is still Mila’s,” she continued. “Please continue to keep her in your prayers as she continues to fight.”
Helmer said the terms of Smallwood’s federal sentence, his prison program participation and disciplinary record now make him eligible to get out of prison on his federal sentence.
Smallwood’s motion for release was granted after a July appeals court decision that found New Jersey’s assault weapons ban unconstitutional.
Prior to Scott’s ruling, Gloucester County Prosecutor Andrew Johns opposed Smallwood’s effort to get out of prison early.
Helmer said “justice was done” and he hopes prosecutors do not appeal.
Smallwood — a fifth-round pick out of West Virginia by the Eagles in the 2016 NFL Draft — won Super Bowl 2018 when Philadelphia defeated the New England Patriots 41-33 at U.S. Bank Stadium.
He also had stints with the Washington Commanders and Pittsburgh Steelers.
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