A woman who said she may have been sexually assaulted by Ray McDonald alleges the former 49ers defensive end had sex with her Dec. 14 after a night of drinking and after she hit her head in a fall at his home, according to court records released Monday.
Police have made no arrests in the case, and McDonald claims the sex was consensual. Police searched McDonald’s San Jose home on Dec. 16 and named him as a suspect.
In the search warrant affidavit, the woman also says McDonald’s ex-teammate, Aldon Smith, arrived at McDonald’s house a day after the alleged assault and that she, McDonald and Smith went to a store, bought vodka and cranberry juice and “started drinking again at (McDonald’s) house and remained there until later that night.”
That’s when McDonald conceded to the woman that a sexual encounter occurred the night before, according to the court documents.
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An investigator using the woman’s phone and pretending to be her texted McDonald to complain about the encounter. McDonald responded by saying the woman “started coming on to me” and that the incident was consensual.
“I don’t understand why you’re bothered. U chose to stay with me another day,” McDonald texted. The investigator posing as the woman replied that McDonald shouldn’t have had sex with her while she was unconscious.
“I didn’t do anything wrong,” McDonald replied. At one point, according to the court documents, McDonald writes, “Ok so now it seems like you’re trying to set me up.”
Police searched McDonald’s home for the woman’s blue-gray long-sleeve shirt, a watch, the sheets from McDonald’s bed and data from his surveillance system, which McDonald himself brought to the police’s attention.
Smith, meanwhile, is on probation after pleading no contest to a 2013 DUI incident as well as possession of illegal rifles. The DUI incident occurred last September when Smith passed out behind the wheel of his pickup and came to a stop in the front yard of a home just a few houses away from where McDonald lives. Terms of the probation include not driving with any measurable amount of alcohol in his system but do not prohibit drinking.
On his weekly radio show, general manager Trent Baalke said he didn’t have all the information regarding Smith’s involvement with the McDonald situation.
“I don’t know at what point he was involved – at the house, not at the house,” Baalke said on 95.7 The Game. “... We’re certainly going to look into it.”
In July, Smith told reporters he had been sober since his DUI arrest. In April, however, he was arrested for allegedly making a bomb threat at Los Angeles International Airport. Police at the time said Smith acted erratically and suspected he had been drinking. They did not measure his blood-alcohol content, and charges never were filed in the case.
The DUI arrest was his second in 11/2 years. He also was pulled over in Miami Beach after his rookie season. Those charges later were reduced to reckless driving.
Smith met with league officials in August and they later suspended him nine games for his infractions. The NFL had no comment on Smith’s inclusion in the alleged recent incident involving McDonald.
Earlier this year, the 49ers picked up the so-called “fifth-year option” on Smith’s original contract, which calls for him to earn $9.7 million next season. The 49ers can get out of paying that if they cut ties with Smith before the new league year begins in March.
The 49ers released McDonald on Wednesday, one day after San Jose police served the search warrant at McDonald’s home.
“This isn’t about this one incident,” Baalke said at the time. “This is about a pattern. Once again, if this was one incident. we would be standing up here talking about due process like we have multiple times in multiple other situations. But this is just a pattern of decision-making that Ray has demonstrated over the period of time that, once again, it’s no longer going to be tolerated.”
The court documents say that the woman and her friends met McDonald and a group of his friends at a San Jose bar and that the group later went back to McDonald’s house. She told police the last thing she remembers is falling down near McDonald’s pool and hurting her head.
Read Matt Barrows’ blogs and archives at www.sacbee.com/sf49ers.