The Mercury News Weekend

49ers’ Foster charged in domestic violence case

Girlfriend alleges that he “punched her ... 8 to 10 times,” prosecutor­s say

- By Robert Salonga and CamInman Staff writers

49ers’ Foster chargedwit­h 3 felonies in domestic violence case.

In another disgracefu­l chapter for the San Francisco 49ers, star linebacker Reuben Foster appeared in court Thursday charged with multiple felonies on allegation­s he “dragged” his live-in girlfriend “by her hair, physically threw her out of the house, and punched her in the head 8 to 10 times,” rupturing her eardrum.

Foster, 24, stood stoically in the San Jose courtroom, but did not enter a plea in the alleged Feb. 11 attack. He is charged with felony domestic violence causing great bodily injury against the 28-year old woman.

He also faces felony charges of forcefully attempting to dissuade a witness and possession of an assault weapon, and misdemeano­r possession of a high- capacity magazine in connection with a Sig Sauer 516 short-barreled rifle authoritie­s seized from his home. If convicted of all charges, he could go to prison for nearly 11 years.

The charges mark another black eye for the franchise that has led the NFL in with 17 player arrests since 2012.

In a statement Thursday after the charges were announced, the 49ers did not mention any intention to cut Foster.

“The 49ers organizati­on is aware of today’s disturbing charges regarding Reuben Foster,” the statement reads. “We will continue to follow this serious matter. Reuben is aware that his place in our organizati­on is under great scrutiny and will depend on what is learned through the legal process.”

Wearing a dark- colored suit, Foster’s only words were “Yes your honor,” when asked by Santa Clara County Superior Court Judge Nona Klippen if he would stay away from the victim. Then he left the brief hearing at the Hall of Justice without saying another word and was hustled away in a waiting SUV. Teammates Richard Sherman and Jaquiski Tartt were also present in the courtroom.

“I’m just here to support a teammate,” Sherman said.

Foster remains free on $75,000 bail, partly because authoritie­s do not consider him a flight risk, and believe the stay-away order is sufficient enough to protect his accuser.

Kevin Smith, deputy district attorney in the family violence unit, said the charges “underscore how serious we take all domestic violence in this county,” noting that the Foster case is just one of nearly 5,000 domestic violence cases his office handles each year.

“I hope to some people it indicates the ability to come and get help if you are being abused,” Smith said. “There are resources for you, and we do not care who the perpetrato­r is, their status in the community or anything of that nature. We are here to get you justice, and to get you help.”

Smith added that his office is prepared to prosecute Foster even if the reported victim ends up not testifying, an issue that stymied previous domestic-violence cases against players, including ex- 49er Ray McDonald.

“We’re comfortabl­e with the evidence we have whether (the victim) participat­es or not,” Smith said.

Foster attorney Joshua Bentley, who has represente­d several 49ers players, said neither he nor Foster would be answering reporters’ questions about the charges.

“This is a process with today’s court appearance being the first step,” Bentley said in a statement. “Both Mr. Foster and myself have great respect for the court. We aremost anxious to have all of the facts come out and that will happen in the courtroom, not the media.”

Outside of being released from the 49ers, any other discipline of Foster would have to come from the NFL office. After the charges were announced, NFL spokesman BrianMcCar­thy told this news organizati­on, “We continue to monitor all developmen­ts in this matter which is under review of the personal conduct policy.”

On the day of the incident, Los Gatos-Monte Sereno police were dispatched around 9:15 a.m. to a home on Shannon Road for a welfare check and to respond to a possible disturbanc­e. Prosecutor­s said the woman, who has been in a relationsh­ip with Foster for several years, flagged down a stranger’s car to get help calling 911. Foster was eventually arrested without incident.

Sources familiar with the investigat­ion told this news organizati­on that the reported victim and Foster were arguing and that he threw her belongings onto a front walkway and balcony. She told authoritie­s he then physically dragged her in an apparent attempt to remove her from the home. She also told police dispatcher­s during the 911 call that he owned multiple semiautoma­tic rifles, though only one was found.

The NFL strengthen­ed its personal- conduct policy after former Baltimore Ravens running back Ray Ricewas suspended for two games for a 2014 assault on his then-fiancée, then suspended indefinite­ly after

security footage surfaced depicting the brutal attack.

Last of fseason, the 49ers drafted Foster with the 31st overall pick in the first round, with his stock having slid amid concerns about his surgically repaired shoulder and perhaps his off-the-field issues.

An ankle sprain in the season opener kept him out five games, and a rib injury kept him out another. Foster’s dominant play on the field earned him NFL Defensive Rookie of the Month honors for November, and his 72 tackles, in just nine games, ranked second on the 49ers behind cornerback Dontae Johnson’s 76.

In an unrelated case, Foster was charged in Alabama with second-degree marijuana possession in Tuscaloosa — home of his alma mater, the University of Alabama.

Foster is the second player arrested since coach Kyle Shanahan and general manager John Lynch assumed their roles last year.

Last April, the 49ers released Tramaine Brock hours after he was arrested for alleged domestic vio- lence. Four months later, prosecutor­s declined to file charges, Brock avoided an NFL-imposed suspension, and he resumed his career with the Minnesota Vikings.

That prompt exit was similar to fullback Bruce Miller being released hours after his September 2016 arrest for an alleged as- sault in San Francisco. But Miller already had a 2015 arrest where he allegedly shoved his fiancée to the ground during an argument in Santa Clara.

Mi l ler eventual l y pleaded no contest in August 2015 to a misdemeano­r disturbing- thepeace charge and was ordered to attend domes- tic-violence counseling.

The former 49er who endured the most legal trouble while with the team was Aldon Smith, who was arrested five times while on the team, which included conviction­s of possessing three illegal assault rifles. In 2013, Smith was allowed to play in a game two days after his arrest on suspicion of DUI in San Jose. He experience­d similar troubles after signing with the Oakland Raiders, and recently made headlines with arrests in San Francisco.

McDonald played the majority of the 2014 season after a domestic violence arrest, though prosecutor­s ultimately declined to charge him, citing insufficie­nt evidence. He was cut by the 49ers that December, following a string of off-field incidents, including an eventual rape charge that was dropped in April 2017 when the reported victim refused to testify.

In August 2015, Santa Clara County prosecutor­s filed a misdemeano­r sexual battery charge against 49ers linebacker Ahmad Brooks over an encounter with an intoxicate­d woman at a December house party held at McDonald’s house. Brooks played in 14 games that season, and in 16 games in the 2016 season before being released in August 2017.

In January, Brooks agreed to a plea deal with prosecutor­s, and sexual battery charges were reduced to simple battery. He is now a free agent.

 ??  ??
 ?? PHOTOS BY DAI SUGANO — STAFF PHOTOGRAPH­ER ?? San Francisco 49ers linebacker Reuben Foster appears for his arraignmen­t at the Santa Clara County Hall of Justice.
PHOTOS BY DAI SUGANO — STAFF PHOTOGRAPH­ER San Francisco 49ers linebacker Reuben Foster appears for his arraignmen­t at the Santa Clara County Hall of Justice.
 ??  ?? Foster, center, heads into the courtroom with his attorney, Joshua Bentley.
Foster, center, heads into the courtroom with his attorney, Joshua Bentley.
 ?? DAI SUGANO — STAFF PHOTOGRAPH­ER ?? San Francisco 49ers linebacker Reuben Foster, left, leaves the Santa Clara County Hall of Justice, where he answered to felony domestic violence and weapon charges.
DAI SUGANO — STAFF PHOTOGRAPH­ER San Francisco 49ers linebacker Reuben Foster, left, leaves the Santa Clara County Hall of Justice, where he answered to felony domestic violence and weapon charges.

Newspapers in English

Newspapers from United States