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49ers release Reuben Foster after latest domestic violence arrest

San Jose Mercury News - 11/25/2018

Nov. 25--Click HERE if you're unable to view the gallery on your mobile device.

TAMPA -- The 49ers released linebacker Reuben Foster on Sunday morning, about 12 hours after

after he was arrested on suspicion of domestic violence at the team hotel.

The charges were brought by the same woman at the center of a previous case against Foster. Elissa Ennis, described as Foster's on-again, off-again girlfriend, accused him of domestic violence at their Los Gatos home last April, but later recanted, testifying that she fabricated the allegations. The case was dropped.

Now Ennis wants to press charges against Foster for an incident Saturday night in which he allegedly slapped her in the face, according to an arrest report from Tampa police.

Foster was arrested at 9:10 p.m. at the Grand Hyatt, which is located about 5 miles from Raymond James Stadium, where the 49ers play the Tampa Bay Buccaneers on Sunday. Foster was released on bond at 1:18 p.m. (EST).

Booking photo of Reuben Foster after he was arrested on suspicion of domestic violence in Tampa, Fla., on Nov. 24, 2018. (Hillsborough Co.Sheriff's Office)

General manager John Lynch, addressing the media an hour before the game, said Foster didn't obey "very specific ground rules" put in place after his offseason troubles.

"After the events of the offseason, we were very clear with Reuben and I think very fair. He understood what that was. The really sad thing is he had taken some very positive steps in maturing in a really nice fashion. Unfortunately in life, there are consequences for your actions. When you show bad judgment, particularly after something's been communicated very clearly what the expectations are, there are consequences.

"We feel it's in the best interest of our organization to move on at this point, and that's a very tough decision," Lynch added. "I want to be clear this is an organizational decision. Kyle and I talked last night. We brought it to ownership. We were all lockstep in the decision. It was not easy on anybody."

John York, the 49ers co-owner, declined comment about Foster when approached by this news organization at the game.

Lynch and coach Kyle Shanahan had been steadfast supporters of Foster in his off-field troubles earlier this year but also warned against future incidents that would call into question his judgment and decision making.

Foster, an energetic and charismatic play maker from the University of Alabama, was drafted in the first round by the 49ers in 2017. He played only 16 games (of 26) and was credited with 101 tackles, no interceptions, no forced fumbles, no fumble recoveries and no sacks. He missed six games as a rookie because of injuries, started this season on a two-game suspension because of this year's earlier arrests for domestic violence and marijuana possession, and he was set to return today from a two-game hiatus caused by a hamstring injury.

A criminal affidavit from Tampa police states that officers responded to a domestic violence call at the hotel Saturday night involving an argument between Foster and Ennis, with whom he had an "on-again-off-again relationship" for the past three years.

"The victim stated the (defendant) slapped her phone out of her hand, pushed her in the chest area with one hand, and slapped her with an open hand on the left side of her face," the affidavit reads, with Foster being the defendant. "The victim has a 1? inch scratch on her left collar bone. The victim wants to prosecute the (defendant)."

Foster was charged with one count of first-degree misdemeanor domestic violence battery, police said. Jail records show he was booked into Hillsborough County jail at 11:11 p.m. Saturday.

As for how Ennis had access to Foster on the eve of a game, the team secures the sleeping floors and meeting rooms at its hotels, and players often get rooms on other floors for family and guests, not to mention the lobbies remain open to the public. Lynch said Saturday night's incident did not occur on the 49ers' secured floors.

Ennis earlier accused Foster of domestic violence Feb. 11 at their home in Los Gatos, leading to his arrest and two felony charges of domestic violence and a felony charge possession of an assault weapon. Santa Clara County prosecutors, based in part on police interviews with Ennis, contended that Foster dragged her, threw her clothes out, and "punched her in the head 8 to 10 times," rupturing her eardrum.

But Ennis aggressively recanted on the stand during a preliminary examination hearing for the charges, saying her injuries came from a fight the previous night and that the accusations that Foster hit her were revenge for an imminent breakup and that "it was all a money scheme" to leverage him financially. The related domestic-violence charges were dismissed May 23.

Prosecutors insisted that Ennis' initial accusations against Foster were more credible and consistent with other evidence. Foster did plead no contest to a reduced misdemeanor weapons charge for an assault rifle found in his home the day he was arrested in that 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 after the charges were dropped. "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. Our commitment to domestic-violence survivors is unwavering."

Steven Clark, a criminal-defense attorney and former prosecutor who closely followed the Foster case, said Sunday that prosecutors in Santa Clara County have the option of pursuing a probation violation for the recent arrest, and can feel some vindication of their pursuit of charges even in the face of an uncooperative witness.

"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."

Clark said the statute of limitations for the domestic-violence allegations against Foster in Los Gatos have not expired, meaning that prosecutors could choose to charge him again. Double jeopardy protection does not apply since Foster was not brought to trial.

But he added that Ennis' previous admissions to lying about domestic violence, both in the Foster case and in a 2011 instance involving a previous boyfriend, introduce significant complications.

"The accuser's self-admitted history of false allegations of domestic violence will make this current case challenging for Tampa prosecutors without significant corroboration," Clark said. "A thorough investigation will be essential."

The NFL suspended Foster the first two games this season for violating its policies for personal conduct and substance abuse; he was arrested Jan. 13 in Alabama for second-degree marijuana possession and that charge was dismissed once he completed a diversion class.

The 49ers supported Foster through the earlier domestic-violence case, and could face criticism for the timing of their decision to release him now, when the team is struggling and not vying for playoff standing. The team's prior backing of troubled players like Aldon Smith and Ray McDonald through repeated arrests led to similar criticism, with the players being released or cut only after the team had become less competitive.

The 49ers considered using their top draft pick last year on Foster, and after instead taking Stanford defensive tackle Solomon Thomas No. 3 overall, they selected Foster at No. 31. But to get that pick, they traded up three spots with the Seattle Seahawks in exchange for second- and fourth-round picks.

Foster's draft stock had fallen amid off-field concerns as well as a surgically repaired right shoulder, an injury he aggravated earlier this season and planned to play through these remaining six games.

Does Lynch regret drafting Foster?

"I don't. We learn from it. You have to learn from every situation," Lynch answered. "Ultimately these guys are human beings and young men, and they're fallible. One thing we have to do is learn from the process, and we have and we will. At the same time, you can't play scared, you have to trust your evaluations.

"Looking back, and I'm not making an excuse, but we sit in these draft meetings and there's a lot of information that comes out on these kids. Like I said, they're fallible. His wasn't nearly as bad as a lot of them.

"Ultimately we have to own it, and I own it. But most of all it's just disappointment."

Malcolm Smith started in place of Foster the past two games and figures to be their weak-side linebacker going forward.

With Foster's future in doubt this past spring, the 49ers used a third-round draft pick on BYU linebacker Fred Warner, who's started every game and has made a team-high 76 tackles.

Foster voluntarily stayed away from the 49ers' offfseason program until his domestic-violence charges were dropped in May, and no other issues arose until Saturday night, Lynch said.

"We stuck by him for a reason. Fortunately he was able to come back to us (in the spring)," Lynch said. "Unfortunately yesterday what transpired, one of our tenants is, 'Protect the team.' You've got to protect the team.

"Like I said, nobody is bigger than the team. As talented a player as he was, as many positive steps as he was making, we felt this was the best decision to make."

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