49ers

DA's office: Reuben Foster to have misdemeanor dismissed

DA's office: Reuben Foster to have misdemeanor dismissed

San Francisco 49ers linebacker Reuben Foster will have a misdemeanor count of possession of a large capacity ammunition magazine dismissed later this month, the Santa Clara County District Attorney’s office announced Monday.

A U.S. District Court judge in San Diego issued an injunction prohibiting enforcement of the misdemeanor ammunition charge. The DA’s office announced, in light of the injunction, it will ask Santa Clara County Superior Court to dismiss the misdemeanor charge against Foster at the next scheduled court date, April 30.

The DA’s office on Thursday announced three felony charges against Foster: domestic violence with an allegation that he inflicted great bodily injury; forcefully attempting to prevent a victim from reporting a crime; and possession of an assault weapon.

The 49ers announced Foster will not take part in the 49ers’ official offseason program, which began Monday at the team’s training facility in Santa Clara.

Attorney: DA's office has video showing Foster's ex-girlfriend in fight

Attorney: DA's office has video showing Foster's ex-girlfriend in fight

The video that is described as proof that 49ers linebacker Reuben Foster did not injure his former girlfriend is now in the hands of the Santa Clara County District Attorney’s office.

Attorney Stephanie Rickard, who represents Foster’s former girlfriend, said prosecutor Kevin Smith is now in possession of the video, which is described as showing the alleged victim sustaining injuries in a fight with another woman.

“I will let him make the call as to if he wants to release it,” Rickard told NBC Sports Bay Area in an email.

Foster’s former girlfriend, Elissa Ennis, released a statement Wednesday through her attorney in which she recanted statements she gave to officers on Feb. 12 after an alleged dispute with Foster in Los Gatos. According to the DA’s office’s report, the woman was bruised and sustained a ruptured ear drum. The woman told investigators that Foster hit her eight to 10 times.

Foster was charged with two felonies: domestic violence and attempting to prevent a victim from reporting a crime. Foster also faces a felony charge of possession of an assault weapon. He could face up to 11 years in prison if convicted of the crimes.

But Ennis disclosed in the statement that the charges against Foster were "based on lies," and her injuries were the result of a fight with another woman. Foster tried to end his relationship with Ennis after he learned of the fight, Rickard said.

“She was extremely upset and told him if he broke up with her she would ‘trash his career,’ ” said Rickard, who revealed the existence of a video showing Ennis’ fight with the other woman.

According to the statement released through the woman's attorney, she went to the DA's office to recant her original version of the incident, but formal criminal charges were still filed against Foster.

Neither the DA’s office or the 49ers have commented on the latest development in the Foster case.

Foster is next scheduled to appear in court on Monday at 9 a.m.

If both available, should 49ers draft Smith or Edmunds? To Greg Cosell, it's a no-brainer

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AP

If both available, should 49ers draft Smith or Edmunds? To Greg Cosell, it's a no-brainer

The 49ers own the No. 9 overall pick in tonight's NFL Draft.

With Reuben Foster's future up in the air, it's possible that John Lynch and Kyle Shanahan take a linebacker with that selection.

[MAIOCCO: Disclosure in Reuben Foster case should not impact 49ers' draft strategy]

If both Roquan Smith and Tremaine Edmunds are available when the 49ers are on the clock, who should they take?

"I would draft Roquan Smith without even giving it a second thought because I did not love Tramaine Edmunds on tape," Greg Cosell said on KNBR 680. "Roquan Smith is a great prospect. In some ways, he's very similar to Foster, and who knows what's gonna happen there but it's not likely to be good.

"But Roquan Smith, to me, there's not a lot of mystery to his game. He's a great athlete, he's got the speed and range you look for -- he plays sideline to sideline. He sees things quickly and clearly, so he's got the kind of key and diagnosis that we love to see in linebackers. I love him as a prospect."

So what's wrong with Edmunds?

"You're drafting on what you think he could become," Cosell explained. "He's obviously a great athlete, but he's not anywhere near a really good football player at this point in time. So you're hoping you can take that athleticism and you can cultivate it and develop it. But he's got a ways to go. 

"He doesn't see the game real well. He's a splash player, who has great size and great athleticism. But a long way to go to be a really good football player."

Well 49ers fans -- you don't have to wait much longer as the draft starts at 5pm PT...