49ers linebacker Reuben Foster was scheduled to appear in court on Monday morning.
But there was a change of plans.
Jim Demertzis -- the Supervising Deputy District Attorney in Santa Clara -- provided the following update:
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"Today, the case of the People of the State of California vs Reuben Foster was continued to May 8 back in this courthouse for entry of plea. Addtionally today, The People moved to dismiss count four -- alleging possession of a large capacity magazine."
Why the delay?
"Additional evidence was provided to the people which warrants further investigation so that we can take this case to a just result."
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Is the intention to move ahead with this case?
"We understand that people have a lot of questions about this case. What's important to keep in mind is that sadly too often, victims of domestic violence -- for a host of reasons -- choose not to cooperate with the process that holds their abuser accountable.
"Not withstanding that, if the evidence independent of a victim in a domestic violence case is compelling, it's the prosecution's duty to seek justice."
Foster was charged with two felonies: domestic violence and attempting to prevent a victim from reporting a crime.
His former girlfriend, Elissa Ennis, released a statement last 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.