According to the San Francisco Chronicle, Foster was taken into custody in Santa Clara County on allegations related to domestic violence. According to the San Jose Mercury News, Foster has also been accused of possessing an assault rifle. The Mercury News has also reported that the domestic violence allegation came after Foster’s girlfriend accused him of dragging her during an argument between the two.
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The 49ers linebacker spent part of his Sunday in jail, before being released on a $75,000 bail, according to jail records. Prosecutors now have up to 30 days to decide whether or not to charge Foster. The charges could end up being misdemeanors or felonies, depending on how serious the prosecutor’s office views the allegations.
“The San Francisco 49ers organization is aware of the report regarding Reuben Foster. We take matters of this nature seriously and are gathering all pertinent information,” the team said in a statement.
This is the second time in less than a month that Foster has been arrested. The 49ers’ 2017 first-round pick was also arrested on Jan. 12 and charged with second-degree possession of marijuana after an incident in Alabama.
In August, the 49ers released linebacker Ahmad Brooks, who has had multiple legal issues during his career. In October, the 49ers released disgruntled linebacker NaVorro Bowman less than a week after he grumbled about a reduction in playing time and requested a trade. Two weeks later, they traded cornerback Rashard Robinson, who was kicked off the team at LSU for repeated rules violations and recently had engaged in a sideline tantrum.
Reuben Foster arrest: Girlfriend alleges 49ers player dragged her during argument, sources say
Foster has been making headlines, and not in the good way, for the past year. Back in March 2017, Foster was sent home early from the combine after getting into a heated discussion with a hospital worker while waiting to get tested. His urine sample also came back as a diluted sample which, according to the NFL’s substance abuse policy, is considered a positive test.
Despite his troubles, the 23-year-old had a solid rookie year with the 49ers. Although he played in only 10 games due to an ankle injury, Foster still managed to finish second on the team in tackles. He also graded out as the fourth-best inside linebacker, according to Pro Football Focus. Foster missed six games in 2017 due to an ankle injury that bothered him for most of the early season.
During the time he was injured, Foster also had to deal with the police, but for a completely different reason. Back in October, the 49ers linebacker was held up outside a nightclub in San Francisco.
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Foster has a troubled background, including a horrific incident when he was a baby. His father shot his estranged wife, who survived while she was holding a 19-month-old Reuben. The father became a fugitive for 16 years before finally being brought in on charges, then sentenced to 30 years in prison.
Reuben Foster meets with 49ers officials as details emerge about his arrest
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“We got two of our top three players,” Lynch said. “… We’re thrilled. We’re ecstatic. We think these guys have traits that encompass what we want to be about as a football organization.”
Reuben Foster, San Francisco 49er linebacker, leaves Santa Clara County Jail, Sunday evening, Feb. 11, 2018, after being arrested on suspicion of domestic violence and possession of an assault rifle in Los Gatos. (Karl Mondon/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) reacts after nearly intercepting the ball against the Carolina Panthers in the first quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Nhat V. Meyer/Bay Area News Group)
The police have released few other details, though. But the Mercury News in San Jose, California, reported the alleged victim told law-enforcement authorities that Foster threw her belongings outside during an argument and dragged her in an apparent attempt to remove her from the home.
San Francisco 49ers' Reuben Foster (56) talks to Carolina Panthers' Christian McCaffrey (22) following the Panthers 23-3 win for their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Nhat V. Meyer/Bay Area News Group)
This is the second time since the end of his rookie NFL season that Foster has been arrested. On Jan. 12, Foster was arrested in Tuscaloosa and charged with second-degree possession of marijuana. His first court date on that charge has been set for Feb. 28.
San Francisco 49ers' Pierre Garcon (15) can't make a catch against the Carolina Panthers in the third quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Nhat V. Meyer/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) is photographed on the sidelines against Carolina Panthers in the second quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Josie Lepe/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) is checked out by 49ers staff during their game against the Tennessee Titans in the fourth quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, Dec. 17, 2017. (Nhat V. Meyer/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) stands on the sidelines during their game against the Carolina Panthers in the second quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Nhat V. Meyer/Bay Area News Group)
On the police-dispatch radio recording of the 911 call that resulted in Foster’s arrest, the responding officers are told the caller “advises there should be at least two AR-15 weapons in the house.”
Jacksonville Jaguars' Leonard Fournette (27) recovers his fumble against San Francisco 49ers' Reuben Foster (56) in the second quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, Dec. 24, 2017. (Nhat V. Meyer/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) high-fives San Francisco 49ers' Rashard Robinson (33) after Robinson recovered a fumble against the Carolina Panthers in the fourth quarter of their NFL game at Levi's Stadium in Santa Clara, Calif., on Sunday, September 10, 2017. (Nhat V. Meyer/Bay Area News Group)
Dallas Cowboys starting quarterback Dak Prescott (4) scrambles for a touchdown against San Francisco 49ers' Reuben Foster (56) in the third quarter of their NFL game at Levi's Stadium in Santa Clara, Calif. on Sunday, Oct. 22, 2017. (Nhat V. Meyer/Bay Area News Group)
Reuben Foster arrested on domestic violence, assault rifle allegations
San Francisco 49ers' Reuben Foster (56) holds his leg during their game against the Arizona Cardinals in the third quarter of their NFL game at Levi's Stadium in Santa Clara, Calif. on Sunday, Nov. 5, 2017. (Nhat V. Meyer/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) intercepts a pass intended for Denver Broncos' Jamaal Charles (28) at practice during training camp at Levi's Stadium in Santa Clara, Calif., on Wednesday, Aug. 16, 2017. (Anda Chu/Bay Area News Group)
San Francisco 49ers' Reuben Foster (56) tackles Arizona Cardinals' Adrian Peterson (23) in the fourth quarter of their NFL game at Levi's Stadium in Santa Clara, Calif. on Sunday, Nov. 5, 2017. (Josie Lepe/Bay Area News Group)
Denver Broncos running back C.J. Anderson (22) is tackled by San Francisco 49ers defensive end Arik Armstead (91) with help from free safety Eric Reid (35), and linebacker Reuben Foster (56) in the first quarter at Levi's Stadium on Saturday, Aug. 19, 2017, in Santa Clara, Calif. (Jim Gensheimer/Bay Area News Group)
Citing sources with knowledge of the investigation, The Mercury News of San Jose on Monday reported that Foster’s longtime girlfriend claimed that he dragged her during an argument at a Los Gatos home Sunday morning. The girlfriend called police, the report says. Foster’s attorney declined to comment on the allegation.
Reuben Foster (56) takes part in the San Francisco 49ers organized team activity at Levi's Stadium in Santa Clara, Calif., Wednesday, May 31, 2017. (Patrick Tehan/Bay Area News Group)
Foster, 23, has additional issues. He failed a drug test at last year’s scouting combine due to a diluted sample. Last month he was arrested in Alabama for marijuana possession, a misdemeanor. He has an initial hearing on that charge on Feb. 28, according to the Tuscaloosa County District Attorney’s Office.
Reuben Foster, at right, greets Cole Hikutini during San Francisco 49ers practice at Levi's Stadium on Saturday, Aug. 5, 2017, in Santa Clara, Calif. (Jim Gensheimer/Bay Area News Group)
49ers’ Reuben Foster had SIG Sauer 516 short-barreled rifle at time of arrest
LOS GATOS — The domestic-violence arrest of San Francisco 49ers linebacker Reuben Foster stemmed from his girlfriend’s accusation that he physically dragged her during an argument at a Los Gatos home Sunday morning, according to sources familiar with the investigation.
The reported victim, who has been in a relationship with Foster for several years, also told police dispatchers during a 911 call that he owned multiple semiautomatic rifles, according to an archived recording. Officers ended up recovering one firearm, a SIG Sauer 516 short-barreled rifle, sources said.
Foster and then-teammate Ray-Ray Armstrong also were part of a police report in San Francisco in October after they were the victims in an alleged robbery attempt outside of club. The two ran from the scene and called police from a nearby hotel.
The encounter left the woman injured, sources said, but the extent of her injuries was not disclosed.
Altogether, the allegations were the basis of Foster getting booked at the Santa Clara County Main Jail on suspicion of domestic violence, making criminal threats, and possessing an assault weapon. He was released Sunday evening after posting $75,000 bail.
Foster’s agent did not immediately return a message seeking comment to the accusations. Foster has not commented since the arrest, including on his frequently-used social-media channels.
Report: Reuben Foster meets with 49ers officials following domestic violence arrest
On Monday, Foster visited the 49ers training facility in Santa Clara to meet with team officials, according to Ian Rapoport of the NFL Network. Sunday evening, the 49ers sent out a statement acknowledging Foster’s arrest and that it is “gathering all pertinent information” in the case. The NFL is also conducting an investigation of the case to determine any potential suspensions and penalties from the league.
Niners Face Tough Choices With Foster
In 2014, amid criticism of its handling of the infamous Ray Rice case, the NFL gave Commissioner Roger Goodell authority to give players a minimum six-game suspension for domestic violence allegations, even without a conviction. That was exercised with star Dallas Cowboys running back Ezekiel Elliott this past season.
Because Foster is free on bail, he will not likely be charged or arraigned within the typical 72-hour window for jailed suspects. On Monday, Los Gatos-Monte Sereno police forwarded their investigation to the Santa Clara County District Attorney’s Office for review.
Prosecutors will have up to 30 days to decide on whether to file charges against Foster. All three offenses for which he was arrested are known as “wobblers,” meaning that if they are charged, they can be filed as either misdemeanors or felonies based on the discretion of the District Attorney’s Office or a Superior Court judge.
Reuben Foster released from jail after posting $75K bond, NFL gathering information
The criminal threats allegation, if charged as a felony, would count as a strike under the state’s “Three Strikes” law.
Reuben Foster arrested on domestic violence, threat charges
“The severity of the crime, any injuries, and prior criminal history factor into whether a charge gets reduced to a misdemeanor,” said Steven Clark, a legal analyst and former Santa Clara County prosecutor.
Clark added that it’s also not a certainty that prosecutors will file charges based on the initial investigation.
“The DA may ask for more information, such as whether there is a previous history of domestic violence, or if alcohol and drugs were involved,” he said.
San Francisco 49ers Player Arrested For Domestic Violence
A statement from Los Gatos-Monte Sereno police says officers were dispatched around 9:15 a.m. Sunday to a home on Shannon Road for a welfare check and to respond to a possible disturbance. Foster was eventually arrested without incident.
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Police did not release any additional details, but sources familiar with the investigation say the victim told officers that she and Foster were arguing and that he threw her belongings onto a front walkway and balcony. At some point, she said he physically dragged her in an apparent attempt to remove her from the home, sources said.
According to an archived police dispatch radio recording of the 911 call, “the RP (reporting party) advises there should be at least two AR-15 weapons in the house.”
Both that statement and the domestic-violence allegation would provide cause for police to search for and remove any firearms from the home. It was apparently during that search that officers found the allegedly illegal rifle.
The weapons allegation against Foster evoked memories of the 49ers’ experience with former star linebacker Aldon Smith, who was given probation after being convicted of possessing three illegal assault rifles after gunfire erupted at his home in the San Jose hills in 2012.
Like in that case, the weapons allegation could take some time for prosecutors to sort out. For starters, the legality of possessing the SIG Sauer 516 short-barreled rifle will likely be debated between them and Foster’s legal defense.
The 516 does not appear on the list of illegal AR-15 variants at the California Department of Justice website, perhaps because it’s a recent release — the list hasn’t been updated in more than a decade; the 516 has been produced since 2010. State law also includes generic characteristics that make a gun illegal, such as whether it has the capacity to accept a detachable ammunition magazine, and at least one of a list of military-style characteristics like “a pistol grip that protrudes conspicuously beneath the action of the weapon” and a flash suppressor.
“It can sometimes be difficult to determine when you’re in possession of an illegal weapon, and these characteristics are difficult to know,” Clark said. “You have to find out if it was properly stored, was there ammunition inside of it. Was it just sitting inside a closet or was it being used? How did he obtain it?”
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In an unrelated case, Foster is also scheduled to be arraigned Feb. 28 in Alabama for a second-degree marijuana possession charge in Tuscaloosa — home of his alma mater, the University of Alabama — according to the Sacramento Bee.