Ray McDonald (49ers) domestic violence

[Rams and Gators]

Well done to Harbaugh on setting a great example :jerkoff:.

 

[Memento]

Fuck you, Harbastard.

 

[CodeMonkey]

It's horrible enough to beat a woman, but only the lowliest scum on Earth beat a pregnant woman. This guy deserves a lengthy amount of jail time if this is true, not just a suspension.

If there ever was a case that "caning" is appropriate.

 

[12intheBox]

http://espn.go.com/nfl/story/_/id/1...rancisco-49ers-cleared-domestic-violence-case

SAN JOSE, Calif. -- The Santa Clara District Attorney's office, citing insufficient evidence, will not file domestic abuse charges against 49ers defensive end Ray McDonald, it was announced Monday.

"Conflicting versions of the event, a lack of verifiable eyewitnesses and a significant lack of cooperation from Jane Doe; we cannot prove a crime occurred," said Lindsay Walsh, Santa Clara Deputy District Attorney in charge of the case. "In this particular case, there were particular pieces of information missing."



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Michael Zagaris/San Francisco 49ers/Getty ImagesRay McDonald was arrested on felony domestic violence charges less than three days after the NFL announced revisions to its personal conduct policy.


"The issue of domestic violence is important to us, as it is throughout society," the 49ers said in a statement. "We have taken this allegation seriously, just as we have taken the principles of due process seriously. We have said from the beginning that we will consider the information available, allow the facts to lead to our decisions and respect the judicial process.

"Based on the information available to us and the District Attorney's decision not to file charges, there will be no change in Ray's status with the team."

McDonald was arrested on Aug. 31 on felony domestic violence charges after an incident that occurred at his San Jose home. A police report noted "visible injuries" to an alleged victim, who was not identified by police but is believed to be McDonald's fiancée. McDonald posted $25,000 bail and was released from police custody several hours after the arrest.

Walsh said McDonald was cooperative with officers on the night of the incident and gave a follow-up interview later.

"He was cooperative," she said. "He spoke to responding officers that night and gave a recorded statement. He also gave a follow-up interview with San Jose Police detectives. He allowed them to come into his home."

The DA's office said Monday or the first time that McDonald's fiancée made a 911 call from the house at 2:41 a.m.

"Hello. I'd like to press for a domestic violence," she said, according to a memo released by the DA's office. "My fiancé, ... he's trying to pull me out of the house ... he's drunk ... I think he's calling the cops, he, he's trying to get me out."

McDonald also made a 911 call, two minutes before his fiancee's, in which he said he needed to get "a female" out of his house, according to the DA's office.

The DA's office cited "a significant lack of cooperation by Jane Doe" as a contributing factor in the decision. After the night in question, she declined to speak with investigators.

According to Walsh, McDonald's fiancée "never used the words 'choking,' 'grabbing,' 'punching' " -- anything of that nature" during her interview with police. When police attempted to interview her two days later and take additional photographs, she refused.

Walsh said McDonald's fiancée said McDonald struck her and was restraining her. However, the investigation revealed that McDonald's fiancée hit him first.

"Both Jane Doe and McDonald agree that Jane Doe struck first," according to the memo. "Jane Doe said it was a single push. McDonald said Jane Doe hit him multiple times with a closed first. ... (McDonald had no visible injuries or complaints of pain.) McDonald grabbed Jane Doe's arms to restrain her, resulting in visible injury."

"I am confident in our decision," Walsh said. "After a complete and thorough investigation, we and the San Jose Police Department interviewed many witnesses, we looked at recorded interviews, we heard the 911 call. There were key pieces of evidence that were missing. We really don't know what happened between the two parties."

Cindy Hendrickson, supervising deputy district attorney for the Santa Clara County family violence unit, said, "It boils down to, 'Did a crime occur? There was insufficient evidence."

The incident took place at a party for McDonald's 30th birthday that was attended by several 49ers players, including tight end Vernon Davis, who told reporters he didn't see anything.

McDonald has spent his entire eight-year NFL career with the 49ers. He was drafted in the third round in 2007 after being part of a BCS championship team at Florida.

The McDonald case has brought scrutiny to the 49ers organization, which has had 10 player arrests -- the most in the league -- since 2012. With domestic violence cases involving NFL players among the defining stories of the season, the 49ers -- from owner Jed York to general manager Trent Baalke to coach Jim Harbaugh -- repeatedly insisted on allowing "due process" to play out before taking any action against McDonald.

He has played in every one of the 49ers' games since the incident as other players around the league -- Ray Rice, Adrian Peterson and Jonathan Dwyer among them -- have been suspended and released (Rice) or sent to the sideline (Peterson, Dwyer) for arrests related to domestic violence.

The San Jose Police Department became embroiled in its own controversy when the San Jose Mercury News reported that the department's investigation had been complicated by the fact that an officer who had provided private security to the team was present at the house when other officers arrived to investigate the allegations. It was reported by KGO-TV in San Francisco that McDonald placed a personal call to Sgt. Sean Pritchard, who was on duty and in uniform at the time of the call. In response, the San Jose Police Department suspended its officers from working private security for the 49ers.

Walsh and Hendrickson said the officer's involvement had no bearing on the investigation.

San Jose Police took a month to forward its investigation to the Santa Clara District Attorney's office. On Oct. 9, the DA's office received the results of the police investigation, and the next day the Mercury News reported the details of the officer's presence at the home.

The birthday-party incident was the second time San Jose police had been called to McDonald's home after a report of a domestic dispute. On May 25, according to the police report, officers responded to an alleged incident of a woman grabbing a man's gun. Police did not identify either person by name, but multiple reports indicated the subjects were McDonald and his fiancée.

The issue of domestic violence among NFL players came to the forefront after TMZ posted video of Rice striking his then-fiancée, and now wife, in the elevator of an Atlantic City casino. Rice was originally given a two-game suspension by commissioner Roger Goodell, who later responded to the media and public firestorm by suspending Rice indefinitely. Rice has appealed, and a decision from Judge Barbara Jones is expected before Thanksgiving.

"The Ray Rice matter inspired a public discussion, which I think has been largely very healthy and very helpful," Hendrickson said. "Victims should never feel that when charges are not filed, it was because we didn't believe them."

It has been more than two months since Goodell commissioned former FBI director Robert Mueller to investigate the Rice video and the league's handling of the matter.


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@Mackeyser - so much for the "crime against the state" thing, huh?

 

[Boffo97]

McDonald still should have been benched until this point came. And I'd say that even if he was a Ram.

 

[12intheBox]

McDonald still should have been benched until this point came. And I'd say that even if he was a Ram.

But then what if he didn't actually do it?

I'm not saying McDonald didn't do anything in this case - but there are cases where people are falsely accused of criminal activity. Would you really advocate people not working for the months that it takes to smoke that out?

 

[Boffo97]

But then what if he didn't actually do it?

I'm not saying McDonald didn't do anything in this case - but there are cases where people are falsely accused of criminal activity. Would you really advocate people not working for the months that it takes to smoke that out?

The way the NFL does these things, he's still getting PAID during this time. So yes, even if it is a false accusation, neither he nor the team have much to complain about if he's just benched (or more accurately, put on a Commissoner's Exemption list.)

 

[12intheBox]

The way the NFL does these things, he's still getting PAID during this time. So yes, even if it is a false accusation, neither he nor the team have much to complain about if he's just benched (or more accurately, put on a Commissoner's Exemption list.)

I'd say the team would have some complaints.

You're telling me all I would need to do is have a girl accuse Peyton Manning of something and we would be playing Brock Osweiler this weekend? That seems like the kind of system that would be ripe for abuse.

 

[Boffo97]

I'd say the team would have some complaints.

You're telling me all I would need to do is have a girl accuse Peyton Manning of something and we would be playing Brock Osweiler this weekend? That seems like the kind of system that would be ripe for abuse.

I truly doubt we'd see that happening. After all, the girl would likely get in a TON of trouble for it once the accusation was known to be false.

I did see a proposal on si.com once talking about how the NFL should select an independent committee that would evaluate charges made against NFL players and order them benched if they determine the charges have merit to them.

There has to be a better system than just letting a dude who possibly did something like this play until the courts go through their whole years-long process. And you'll note, all the other teams who had someone suspected on this went ahead and benched their guys. McDonald shouldn't have been playing.

 

[12intheBox]

I truly doubt we'd see that happening. After all, the girl would likely get in a TON of trouble for it once the accusation was known to be false.

I did see a proposal on si.com once talking about how the NFL should select an independent committee that would evaluate charges made against NFL players and order them benched if they determine the charges have merit to them.

There has to be a better system than just letting a dude who possibly did something like this play until the courts go through their whole years-long process. And you'll note, all the other teams who had someone suspected on this went ahead and benched their guys. McDonald shouldn't have been playing.

False accusers are extremely infrequently prosecuted. A - because its hard to prove that the accusation was false and B - prosecutors fear deterring actual victims from speaking up.

And McDonald's case was a bit different. AP was indicted and charged. Greg Hardy was convicted in district court and appealed. Rice was charged and given deferred prosecution.

And are we going to limit this to Domestic Violence, or will we suspend players who have been accused of stealing cologne, DWIs, assaulting other males, etc?

 

[LazyWinker]

NFL players have some of the best attorneys. 49ers Perrish Cox should be in prison because he raped a young lady. His DNA matched the DNA in the woman's uterus but his lawyer convinced a jury he never had sex with the woman. If I didn't already dislike the 49ers, Ray McDonald and Perrish Cox are two reasons to dislike them. To be fair to Cox, I also dislike Ben Roethlisberger. How convenient that video evidence was destroyed before the police got there?

 

[RamFan503]

He's a whiner therefore - GUILTY. I need nothing else. Even if he didn't do it - which of course he did (see first sentence) - he needs to be cut then flogged, then tarred and feathered in the town square and then traded to the Raiduhs.

Oh... and FUCK Harbaugh and his Muppet QB.

 

[VegasRam]

He's a whiner therefore - GUILTY. I need nothing else. Even if he didn't do it - which of course he did (see first sentence) - he needs to be cut then flogged, then tarred and feathered in the town square and then traded to the Raiduhs.

Oh... and freak Harbaugh and his Muppet QB.

Well said my man.:rockon:

 

[Memento]

NFL players have some of the best attorneys. 49ers Perrish Cox should be in prison because he raped a young lady. His DNA matched the DNA in the woman's uterus but his lawyer convinced a jury he never had sex with the woman. If I didn't already dislike the 49ers, Ray McDonald and Perrish Cox are two reasons to dislike them. To be fair to Cox, I also dislike Ben Roethlisberger. How convenient that video evidence was destroyed before the police got there?

You can add Culliver (his bigoted rant against homosexual people), Chris Cook (arrested and charged for domestic violence while he was with the Vikings), and Aldon Smith (do I really need to explain?) to the reasons why I hate the Whiners. Goddammit, I hate them so much.

 

[Boffo97]

False accusers are extremely infrequently prosecuted. A - because its hard to prove that the accusation was false and B - prosecutors fear deterring actual victims from speaking up.

And McDonald's case was a bit different. AP was indicted and charged. Greg Hardy was convicted in district court and appealed. Rice was charged and given deferred prosecution.

And are we going to limit this to Domestic Violence, or will we suspend players who have been accused of stealing cologne, DWIs, assaulting other males, etc?

I think the kind of nightmare case you're proposing (false accusation just to remove a star from the game) would end up a lot easier to show as false than just a run of the mill false accusation.

In the end, I think we're just going to disagree on this one. While I would agree with not wanting someone losing their job if it turns out they are innocent, given recent events, the NFL cannot just continue with the party line of letting the courts decide for them.

After all, without the 2nd video, the NFL would have never punished Ray Rice further given the court's decision there.

 

[LesBaker]

I think the kind of nightmare case you're proposing (false accusation just to remove a star from the game) would end up a lot easier to show as false than just a run of the mill false accusation.

In the end, I think we're just going to disagree on this one. While I would agree with not wanting someone losing their job if it turns out they are innocent, given recent events, the NFL cannot just continue with the party line of letting the courts decide for them.

After all, without the 2nd video, the NFL would have never punished Ray Rice further given the court's decision there.

the CBA calls for a 2 game suspension for domestic violence this was not a decision of Goodell's that is the penalty that the players union and the NFL agreed to there is no decision on the commissioners part to do one game or 5 games or anything else other than the two games the CBA calls for.

 

[Boffo97]

the CBA calls for a 2 game suspension for domestic violence this was not a decision of Goodell's that is the penalty that the players union and the NFL agreed to there is no decision on the commissioners part to do one game or 5 games or anything else other than the two games the CBA calls for.

The union wouldn't complain about paid suspensions for what I was talking about.

As far as the Ray Rice thing goes, the CBA is definitely going to need to be revisited.

 

[LesBaker]

The union wouldn't complain about paid suspensions for what I was talking about.

As far as the Ray Rice thing goes, the CBA is definitely going to need to be revisited.

I agree now that the video is out people are going to want more drastic punishment for abuse and I think that is a good idea........it's better than the worthless HGH testing that they agreed to which is nothing but fucking window dressing

I think the first time after its proven is a half season suspension without pay and the second time you are as I like to say........ AMF

 

[Mackeyser]

@Mackeyser - so much for the "crime against the state" thing, huh?

I don't understand. You post this like you won something. So what if the woman pushed a mountain of a man? And? She felt threatened enough to call 911 on him and THEY responded to the incident and after evaluating the scene, decided to charge him with FELONY DV. That's no small thing...

I'm under no illusion that PLENTY of guys get away with DV. That women for scores of reasons decide after the fact that they don't want to press charges and become hostile to the very system designed to helping them. That does NOT mean that guys aren't guilty of the DV in the first place.

Not sure how else to say that or what language to use. The lack of prosecution, even in states like California where DV is a jurisdiction where it is a crime against the state, does not indicate a lack of guilt. And YES, money talks. You can bet that Ray McDonald's attorney made it clear to him that his fiancee had to recant. Thus, if the victim becomes a witness FOR the defense, even in a jurisdiction where the DV is a crime against the state, prosecuting that with a very competent defense attorney is extremely difficult.

I'd rather we stand up as men against the abusing rat bastards who don't know how to properly treat women and all human beings.

 

[12intheBox]

http://www.washingtonpost.com/blogs...nald-investigated-for-alleged-sexual-assault/

Looks like Ray didn't get enough of the limelight.