Police report: Foster threw dog during argument
A newly surfaced police report offers more details about San Francisco 49ers linebacker Reuben Foster’s domestic violence arrest in February, including the allegation that he threw his then-girlfriend’s dog across a room during a related argument.
The police account, first reported by The Sacramento Bee, generally affirms what had been previously reported and charged by authorities. The report was written before Foster’s accuser, Elissa Ennis, recanted the allegations that Foster was the cause of severe head injuries reported the morning of Feb. 11 at their home in Los Gatos.
Despite Ennis’ retraction — and a purported video her attorney contends absolves Foster — the Santa Clara County District Attorney’s Office is proceeding with felony charges of domestic violence, forcefully attempting to dissuade a witness, and possession of an assault weapon.
The latter charge stemmed from the recovery of a SIG Sauer 516 short-barreled rifle at Foster’s home the morning of his arrest. A misdemeanor ammunition charge for an associated high-capacity magazine was dropped because of a federal court injunction of the corresponding state law.
Foster is scheduled to return to court this morning.
In the police report, Ennis, 28, told investigators that they had been arguing the night before and that he threw her dog across a room, but apparently the dog was not injured. The next morning, the argument continued and at some point Foster, 24, allegedly began throwing her clothes and belongings off a balcony.
Foster reportedly physically dragged Ennis out of the home multiple times, according to the police report, as she kept making her way back inside. Ennis was reportedly trying to call 911 with her cellphone as she ran out of the house, but she stumbled and fell, at which point she told police Foster picked up the phone and smashed it.
Ennis soon after flagged down a passing motorist, who helped her call 911 again, prompting the response from the Los GatosMonte Sereno police. The police report also affirms previous reports contending that during the argument, Foster “punched her in the head 8 to 10 times,” rupturing her eardrum.
But Ennis also reportedly told police that Foster hit her “hard, but not that hard,” and described the pain as being an 8 on a scale of 1 to 10.
Police also stated in their report that Foster’s home smelled of marijuana, and that besides the rifle, they found a loaded .38-caliber revolver. They also spoke to another person who was staying at the house but claims not to have witnessed the argument or alleged assault.
It was not clear how much of the newly surfaced details are covered by Ennis’ retraction of her domestic violence and assault allegations. In a statement through attorney Stephanie Rickard, Ennis said those allegations were “based on lies” and that “(Foster) did not strike her, injure her or threaten her.”
The recanting also stated that Ennis “was extremely upset and told him if he broke up with her she would ‘trash his career’ ” and that she “apologizes to everyone that may have been harmed in this case, especially Mr. Foster.”
The District Attorney’s Office said it is reviewing the video provided by Ennis and Rickard, who maintain it shows that Ennis’ injuries stemmed from an unrelated fight with a woman. Jim Demertzis, supervising attorney in the DA’s family violence unit, said after Foster’s April 30 court appearance that the office was proceeding carefully.
“Sadly too often, victims of domestic violence for a host of reasons choose not to cooperate with the process that holds their abusers accountable,” he said. “If the evidence independent of the victim in a domestic violence case is compelling, it’s the prosecution’s duty to seek justice.”
Foster has been ordered to stay away from his accuser and remains free on $75,000 bail. He also voluntarily has agreed to stay away from the 49ers facility during the offseason workouts that began two weeks ago. The team has said it will cut him if it’s proven he hit the woman, and he still could face at least a six-week NFL suspension based on its domestic violence policy.