The 49ers have remained silent after making an initial statement shortly after Reuben Foster’s arrest Sunday morning on suspicion of domestic violence, threats and possession of an assault weapon.
The Santa Clara County District Attorney’s office is in the process of reviewing the case to determine if there is sufficient evidence to move forward with criminal charges, according to Sean Webby of the DA's office.
The 49ers issued a statement on Sunday to acknowledge Foster's arrest and disclose the team was "gathering all pertinent information." Foster has spoken multiple times – in person and over the phone – with 49ers officials, including general manager John Lynch and coach Kyle Shanahan, NBC Sports Bay Area reported.
All indications are the 49ers have not arrived at the conclusion Foster’s actions Sunday morning warrant an immediate ejection from the organization based on what they know about the incident and their subsequent interactions with Foster.
The NFL’s personal conduct policy states that the league will undertake an investigation any time it becomes aware of a possible violation of the policy. Investigations may be conducted by NFL Security, independent parties, or by a combination of the two, according to the policy. Violations of the personal conduct policy that involves domestic violance will subject the offender to a baseline suspension without pay of six games.
The alleged victim told Los Gatos-Monte Sereno police investigators she and Foster argued and Foster threw her belongings onto a front walkway and balcony, the Bay Area News Group reported, citing “sources familiar with the investigation.” Foster was accused of dragging her in “an apparent attempt to remove her from the home,” according to the report.
The Lynch-Shanahan regime has dealt with a related off-field matter just once. And in that case, there was swift action.
The organization released cornerback Tramaine Brock in April just hours after he was arrested after an alleged domestic violence incident. The alleged victim told police Brock punched her in the face and attempted to strangle her.
The case against Brock was dismissed due to insufficient evidence. The alleged victim declined to cooperate, according to the Santa Clara County District Attorney’s office. And the NFL last month cleared Brock of discipline under the personal conduct policy.
The 49ers’ decision to release Brock was the fourth time in four years – with four different general manager-coach tandems – in which the organization cut a player after a run-in with the law.
In each case, the 49ers released the player almost immediately after police announced an arrest or, in the case of Ray McDonald, the naming of a player as a suspect in a criminal investigation.
The 49ers cut McDonald on Dec. 17, 2014, one day after police searched his home and named him as a suspect in a sexual assault investigation. Then-general manager Trent Baalke cited a “pattern of poor behavior" in explaining the decision to release McDonald.
On Aug. 7, 2015, the 49ers released Aldon Smith just hours after Santa Clara Police announced Smith was arrested for DUI, hit and run, and vandalism. It was Smith’s fifth run-in with the law since 2012.
“This is a day that doesn't have anything to do with football,” then-coach Jim Tomsula said. “Although he won't will be playing football for the San Francisco 49ers, he (Smith) will be supported, and he will be helped."
Just hours after Bruce Miller was arrested for alleged aggravated assault and elder abuse in San Francisco on Sept. 5, 2016, the 49ers released him.
The 49ers did not release Miller, McDonald or Ahmad Brooks after previous alleged domestic incidents. The 49ers released Brooks in August because the club believed it had enough depth at his position, Lynch said.