-- Prosecutors will make a decision soon on the case involving Ray McDonald and are leaning against charging him with domestic abuse, according to a report in today's Mercury News.
The case may be undermined by evidence that McDonald's fiancee has been the aggressor in the relationship, including a May incident in which she drew a handgun on McDonald following an argument. The Aug. 31 incident at which McDonald was arrested also occurred at a birthday party attended by numerous teammates.
The 49ers likely have spoken with those teammates and they felt McDonald did nothing that warranted being benched. He has taken part in every practice and played in every game since. Both the 49ers and the NFL have said they will let the legal process play out before acting.
Another complication is that a San Jose Police Officer, who had a side job as a security specialist for the team, attended the party and was present when on-duty officers responding to the 911 call arrived. That has prompted the district attorney's office to conduct its own investigation into the case.
If McDonald is not charged, it will bear similarities to an investigation of linebacker Ahmad Brooks two years ago. He was accused of assaulting teammate Lamar Divens with a beer bottle but was not charged after a long investigation.
The Santa Clara County District Attorney’s office said the case is ongoing and would not be wrapped up by Friday. After San Jose police finished their investigation, the district attorney’s office began conducting its own investigation.
Read Matt Barrows’ blogs and archives at www.sacbee.com/sf49ers.