49ers linebacker Reuben Foster no longer facing felony charges
A Santa Clara County judge ruled Wednesday that San Francisco 49ers linebacker Reuben Foster will not have to stand trial on domestic violence charges after determining there was no evidence Foster ever hit his ex-girlfriend.
Judge Nona Klippen said prosecutors didn’t meet the burden of probable cause on charges of felony domestic violence and forcefully attempting to dissuade a witness.
Foster was also charged with felony possession of an assault weapon after officers found a Sig Sauer 516 short-barreled rifle in his home while investigating his ex-girlfriend’s domestic violence report. That charge was reduced to a misdemeanor.
The 49ers have not allowed the former University of Alabama star to take part in the offseason program while he dealt with these charges, and general manager John Lynch had said he would be cut from the team if it was determined he hit a woman. Foster will be allowed back today now that the domestic violence charges have been dropped.
“It has been made clear to Reuben that his place on this team is one that must continue to be earned,” Lynch said. “We will continue to monitor the remaining misdemeanor charge.”
The prosecutor’s office released a statement expressing disappointment in the judge’s decision.
“We are disappointed because the evidence demonstrated that Mr. Foster seriously hurt his girlfriend,” the statement read. “Some have wondered why we still think Mr. Foster hurt his girlfriend when she said that he didn’t. Recantation is common among domestic violence victims. Some are scared, some feel guilty, some San Francisco 49ers linebacker watches from the sideline during a game against the Dallas Cowboys last year in Santa Clara, Calif. A Santa Clara County judge has ruled Foster will not stand trial on domestic violence charges after the accuser recanted her allegations at a preliminary hearing last week. He still faces a misdemeanor charge.
are coerced, some need money. 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.”
The accuser, Elissa Ennis, recanted her accusations two days after telling police she was hit in the head eight to 10 times by Foster. She testified at a preliminary hearing last week that the injuries were caused by a fight with another woman, and she gave prosecutors video of
that fight. She said she lied initially because she wanted retribution after Foster tried to end their relationship.
Klippen said recantations aren’t uncommon in domestic violence cases but said there was no supporting evidence in this case that Foster had attacked Ennis.
“The injuries appear more consistent with a fight with another woman on a street than with being hit in the head by this defendant,” Klippen said while ruling from the bench.
Klippen also pointed to the fact that Ennis appeared “unusually calm” while making a second 911 call reporting the incident. A bystander who gave her a phone to make the call testified she wasn’t frantic and didn’t appear to have serious injuries, and there was no evidence of prior abuse. Ennis also testified that she had made false allegations in another case after a boyfriend broke up with her.
“It has been made clear to Reuben that his place on this team is one that must continue to be earned. We will continue to monitor the remaining misdemeanor charge.”