Ray McDonald, the San Francisco 49er whose career rested on whether he would be charged with domestic violence, will not be indicted, as officials in San Jose said Monday there is not sufficient evidence to pursue the matter.
After the Ray Rice case, much attention was focused on McDonald and how his situation would play out. He was arrested on Aug. 31 on felony domestic violence charges after an incident that occurred at his San Jose home. A woman believed to be his fiancée was noted to have “visible injuries.”
McDonald cooperated with officers on the night of the incident and gave a follow-up interview later. Since then, the investigation has not wrought enough to charge him.
“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.”
“Jane Doe” was McDonald’s unidentified fiancee.
The 49ers said in a statement: “The issue of domestic violence is important to us, as it is throughout society. 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.”
The DA’s office said Monday for the first time that McDonald’s fiancée made a 911 call from the house at 2:41 a.m., a few minutes after McDonald had called 911 saying that he needed to get “a female” out of his home, according to the DA’s office.
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 that McDonald’s fiancée said McDonald struck her and was restraining her. However, the investigation revealed that McDonald’s fiancée hit him first.