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SAN JOSE — In another troubling 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 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 are most 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. After the charges were announced, NFL spokesman Brian McCarthy stated, “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 Rice was suspended for two games for a 2014 assault on his then-fiancée, then suspended indefinitely after security footage surfaced depicting the brutal attack.
After the Rice case, the NFL granted Commissioner Roger Goodell authority to give players a baseline six-game suspension for domestic violence allegations, even without a conviction, with the discretion to decrease or lengthen based on the circumstances of a case. That was exercised with Cowboys running back Ezekiel Elliott this past season.
Last offseason, 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 earlier this year 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 violence. 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 assault 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. Miller eventually pleaded no contest in August 2015 to a misdemeanor disturbing-the-peace charge and was ordered to attend domestic-violence counseling.
Miller’s case was one of several instances where the previous management regime offered wide latitude to players after their arrests. 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 being convicted 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, with the team citing a “pattern of poor decision-making” 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 later signed with the Green Bay Packers and is now a free agent.
Staff writer Mark Gomez contributed to this report.
