Charges of felony domestic violence levied against San Francisco 49ers linebacker Reuben Foster were dropped, clearing the way for the 2017 first-round pick to stay on the 49ers’ roster.
NFL suspends 49ers’ Reuben Foster 2 games for marijuana, gun charges
Reuben Foster’s domestic violence charges were dropped in May, but he was still suspended for his run-ins with the law.
Sergio Estrada-USA TODAY Sports
After the chargers were dropped, Foster was allowed to join the team at organized team activities (OTAs) in May and June. The team announced in April that Foster would not participate in team activities while he was tending to his legal matters, but returned to the team near the end of May.
Still, Foster received a two-game suspension after multiple run-ins with the law early in 2018.
What were the accusations?
A Santa Clara County press release in April said Foster was accused of physically attacking his live-in girlfriend, “leaving her bruised and with a ruptured ear drum.” The alleged victim told police she was dragged by her hair, physically thrown out of the house, and punched in the head eight to 10 times by Foster.
Additionally, Foster was booked for suspicion of possessing an assault rifle and charged with misdemeanor possession of a large capacity weapon magazine. He was also arrested in Tuscaloosa in January for possession of marijuana, a misdemeanor.
The ammunition charge was dropped in April. Foster pleaded not guilty to the three felony charges in early May. His other gun charge was dropped to a misdemeanor. The drug charge was dismissed after he completed a diversion class.
Why were the domestic violence charges dropped?
The accuser recanted in court and gave a different version of the events that transpired.
This wasn’t a surprise, as the accuser told the Sacramento Bee in April through her attorney, Stephanie Rickard, that the allegations were false. She said that the injuries were suffered in a fight with another woman and that there is video of that altercation.
“(Foster) did not strike her, injure her or threaten her,” said Rickard. She said Foster tried to end the relationship with her after learning of the fight.
“She was extremely upset and told him if he broke up with her she would ‘trash his career,’” Rickard said.
With his accuser changing her story, prosecutors could’ve still pursued charges based on medical records and eyewitness testimonies, among other sources of evidence, but the charges were instead dropped.
The Santa Clara County district attorney’s office released a statement after the charges were dropped.
Why was Foster still suspended?
The NFL does its own investigations of domestic violence accusations and has punished players, regardless of if they were charged or found not guilty in court. A pair of high-profile examples were Ray Rice and Greg Hardy — each of whom had charges dropped due to a lack of cooperation from their alleged victims — but still received suspensions.
In 2014, the NFL unveiled a new domestic violence policy that mandates a six-game suspension for first-time offenders. Last year, Dallas Cowboys running back Ezekiel Elliott was suspended six games after a lengthy league investigation, despite the fact that charges against him were dropped.
While the NFL’s investigation didn’t result in a six-game ban for domestic violence, Foster’s arrest for possession of marijuana and his gun charge were cited by the league as the reason for a two-game suspension.
“I accept the League’s decision and am sorry that my mistakes have hurt my team,” Foster said in a statement. “I have a responsibility to the 49ers, our fans and our community, and I am committed to learning from this situation and making better choices in the future. The support I have received over the last five months has been humbling, and I do not take it for granted.”
Foster was already in the league’s substance-abuse program after failing a drug test at the NFL Combine last year. His urine sample was diluted, which counts as a positive drug test per the league’s policy on substance abuse.
His off-field concerns are likely the reason he slid to No. 31 overall in the 2017 NFL Draft.
Will the 49ers keep Foster?
Prior to the 2018 NFL Draft, 49ers general manager John Lynch said the team would not bring back Foster if the domestic violence accusations were true.
“I want to be abundantly clear: if these charges are proven true, if Reuben did hit this young lady, he won’t be a part of this organization going forward,” Lynch said.
With the charges dropped, Lynch said Foster could rejoin the team the next day.
“The organization is aware the domestic violence charges against Reuben Foster were dismissed earlier today,” Lynch said. “As a result, he will have the opportunity to rejoin the team tomorrow. 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.”
Lynch released another statement in July after the suspension was announced.
“Although we are disappointed that Reuben will not be with our team for the first two games of the season, we will continue to work with him on making better decisions and eliminating unnecessary distractions,” Lynch said. “We are encouraged to see Reuben take responsibility for his mistakes, and hopeful that he has learned from them as well.”
Foster started 10 games as a rookie, but dealt with an ankle injury that kept him out for much of the first half of the season.
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