DA exploring probation charge against 49ers’ Foster
Violation stems from weapons charge player pleaded to in June; 911 audio from new incident is released
SAN JOSE >> The Santa Clara County District Attorney’s Office said Monday it is evaluating whether to pursue a probation violation charge against now-terminated San Francisco 49ers linebacker Reuben Foster, who was arrested on domesticviolence charges in Tampa over the weekend.
Police meanwhile released 911 audio from the call by his “onagain off-again” girlfriend, who had recanted similar allegations earlier this year.
Foster was sentenced in Santa Clara County to two years probation in June after he pleaded no contest to a misdemeanor weapons charge for an assault rifle found in his Los Gatos home the morning of Feb. 11. He was arrested that day on suspicion of domestic violence based on allegations made by Elissa Ennis, the same woman who is the alleged victim in Foster’s latest arrest.
The weapons violation was the only charge to survive from the February encounter, after Ennis recanted her accusations on the stand during a preliminary examination. After the domesticviolence charges were dropped, prosecutors stood by their case.
“Some have wondered why we still think Mr. Foster hurt his girlfriend when she said she didn’t. Recantation is common among domestic-violence victims,” the Santa Clara County District Attorney’s Office said in a statement in May. “Whatever the cause, we move forward on cases when victims falsely recant because we know that if we don’t, more victims will be hurt.”
Monday, the DA’s office released a statement in response to news of Foster’s arrest in Tampa, alluding to prosecuting a probation violation. The office said it is
even considering re-charging Foster on the original case — double jeopardy does not apply because Foster never went to trial — but that is widely considered a long shot.
“We are sad, though, not surprised, and exploring the legal options,” the statement reads. “The cycle of domestic violence is frightening and frighteningly powerful. Every day, this office faces the challenges of keeping survivors safe and holding DV abusers criminally accountable. As we said when the judge dismissed the case against Mr. Foster: Our commitment to domestic violence survivors is unwavering.”
Steven Clark, a criminaldefense attorney and former prosecutor who closely followed the Foster case, said Sunday that Santa Clara County prosecutors should feel at least partially vindicated, and have cause to revisit their case.
“The Santa Clara DA’s skepticism of the prior recantation is substantiated by this recent arrest,” Clark said. ‘It is likely they will consult with Tampa authorities to review their investigation of the Los Gatos arrest.”
Also Monday, Tampa police released 911 audio of Ennis’ call Saturday night.
The two-minute audio excerpt does not offer any significant insight beyond what Tampa police had already stated over the weekend, but conveys emotion similar to the 911 call she made in Los Gatos earlier this year.
The call starts with an emergency dispatcher picking up the phone and asking Ennis for her location.
“I’m staying at the Grand Hyatt,” Ennis said.
When asked by the dispatcher if she needs an ambulance or police to respond, she says, “I need police.”
Soon she describes the allegations behind Foster’s arrest that night.
“He took my phone and broke it, and slapped me in my face,” Ennis said.
At one point, she describes Foster as an exboyfriend. The dispatcher asks, “What is your ex-boyfriend’s name?” to which Ennis responds “Reuben Foster.”
49ers coach Kyle Shanahan said at his Monday news conference that he and other members of the 49ers’ front office were unaware that Foster was still dating Ennis.
“I was aware that Reuben had spoken with her and still talked to her at times,” Shanahan said. “I knew that from just asking him personally. How are things in your life? Have you seen her in a while? But by no means did I think they were ever living together or dating again.
“It’s just hard to comprehend how you can put yourself in that situation again,” Shanahan said.