this Sept. 7, 2014, file photo, San Francisco 49ers'
Ray McDonald sits on the bench during the second
half of an NFL football game against the Dallas
Cowboys in Arlington, Texas. A Santa Clara County
grand jury has indicted former 49ers defensive
lineman McDonald on one count of rape of an
intoxicated person. The announcement came Wednesday,
Aug. 26, 2015, with the indictment stemming from an
incident last Dec. 15 at McDonald's home.
FRANCISCO — A Santa Clara County grand jury indicted
former San Francisco 49ers defensive lineman Ray McDonald
on one count of rape of an intoxicated person.
announcement came Wednesday, with the indictment stemming
from an incident Dec. 15 at McDonald's home.
49ers linebacker Ahmad Brooks also has been charged by the
Santa Clara County District Attorney's Office with
misdemeanor sexual battery for an alleged assault the same
day involving the same victim. The case against Brooks
also was announced Wednesday.
sent Brooks home from Colorado, where they are holding
joint practices with the Broncos before playing a
preseason game against Denver on Saturday night.
organization is aware that a misdemeanor charge has been
filed against Ahmad Brooks stemming from a December 2014
matter. We take any charge against a member of this
organization seriously and are in communication with the
NFL," 49ers general manager Trent Baalke said in a
statement released by the team.
is scheduled to be arraigned Sept. 25. He faces a maximum
of eight years in prison.
faces a maximum of six months in jail. His arraignment
hadn't been scheduled.
left for McDonald's attorney and Brooks' agent Wednesday
weren't immediately returned Wednesday.
civil lawsuit filed in May against both men, a woman
accused Brooks of groping her while she was unconscious at
said she slipped and fell on a pool deck at McDonald's
house in December 2014 and continued to fall after that
due to her initial head injury and alcohol consumption.
McDonald initially thought she was dead, but did not call
911, telling others he didn't want a dead female found on
his property, according to the suit.
point, Brooks groped her before McDonald carried her
upstairs to his bedroom and sexually assaulted her, the
Wednesday, the grand jury indicted McDonald for a May 27
violation of a restraining order stemming from an incident
two days earlier involving a different woman. In that
incident, he was arrested after allegedly breaking down a
bedroom door to get to his former fiancée and their
district attorney's office plans to dismiss that criminal
complaint, it said, but could re-evaluate if more
information becomes available. McDonald was released by
the Chicago Bears following the May 25 arrest after they
had signed him in March to a one-year contract.
an eight-year NFL veteran who turns 31 on Sept. 2, was
indicted Wednesday about a year after another incident
while celebrating his 30th birthday.
and his then-pregnant fiancee got into a fight after a
woman attending the party told her some women were getting
too friendly with McDonald. McDonald's former fiancee, who
was sleeping upstairs, came down and confronted him,
according to a prosecutors' office memo.
the arrest, 49ers CEO Jed York, Baalke and then-coach Jim
Harbaugh repeatedly said they have zero tolerance for
domestic violence, but rather than bench McDonald they
agreed to let "due process" play out before
making a decision about his future with the team.
December, the Niners parted ways with McDonald, who had
been a key member of one of the NFL's fiercest front seven
31, had his own problems last year and his status was
uncertain going into the offseason, but had begun training
camp with a new outlook and was back in shape thanks to a
rigorous offseason routine.
started 60 straight games under fourth-year coach Harbaugh
before being benched for a 24-13 loss at Oakland because
he missed a team meeting. Brooks said after the game he
inadvertently missed a morning defensive meeting Dec. 2
but showed up an hour later for a second meeting focused
on domestic violence. Then defensive coordinator Vic
Fangio said Brooks also arrived 20 minutes late to a Dec.
3 meeting, and the coach didn't know why.
was benched Nov. 16 for the second half of a 16-10 road
win against the Giants for heated words he directed at
defensive line coach Jim Tomsula — now the Niners' head
coach — in the second quarter.
been clearing (it up). That issue wasn't even a big
issue," Brooks said Tuesday in an interview with The
Associated Press. "It was a big issue because people
made it out to be. I was in the wrong. He accepted my
apology and we're cool."
said he was ready for a fresh start. He has turned to a
healthier diet — he said he had cut out drinking alcohol
recently — and had returned a lower playing weight that
was closer to his goal weight.
weight has been kind of a problem. That's probably one of
the hardest things I've ever had to do, stay on a
diet," he said.