A Santa Clara judge dismissed domestic violence charges against San Francisco 49ers linebacker Ruben Foster, citing insufficient evidence. The judge reviewed the case just days after Foster’s former girlfriend recanted her claim that Foster assaulted her.
Although the District Attorney’s office will not pursue the domestic assault charges, Foster must still return to court for a misdemeanor weapons offense. Initially, authorities charged Foster with felony illegal possession of an assault rifle. Foster purchased the weapon legally in Alabama. Since it did not violate federal firearms statutes, the judge reduces those charges to a misdemeanor. Foster will return to court on June 6 regarding the weapons offense. He will also make a court appearance in Alabama on June 20 on a marijuana possession offense.
In dismissing the domestic assault charges, Judge Nona Klippen said she did not see sufficient evidence to bind over Foster for trial. Prosecutors accused Foster of hitting his former girlfriend 8-10 times in the head and rupturing her eardrum. Further, they claimed that Foster had thrown the woman out of his house by her hair.
Foster’s former girlfriend testified that she fabricated the domestic violence claim because she was angry about their breakup. As a result of the accusation, she hoped to extort money from Foster and damage his career. She also admitted that she served jail time in 2011 for falsely accusing another man of domestic violence. In her testimony, she said that the injuries she suffered came from a physical altercation with another woman.
The 49ers suspended Foster in April following his arrest. After the dismissal, the team reinstated Foster, but said it will monitor the outcome of his other legal matters. Regardless of the outcome of those cases, the NFL could apply additional disciplinary measures under its personal conduct policy.
Los Angeles domestic violence attorney
This case provides a good illustration of what can happen when someone accuses you of domestic assault. When you face domestic abuse charges, hire an experienced domestic violence attorney like Robert Helfend. Mr. Helfend has more than 30 years of practice experience. He takes cases in Los Angeles County and throughout Southern California.
Domestic disputes can and do escalate into criminal assault, but sometimes emotions run high. Factors other than justice can motivate accusers to say or do things that result in criminal charges against you. When you face this situation, don’t face it alone.
Contact Robert Helfend or call toll-free at (800) 834-6434, (310) 456-3317, (818) 591-2809 or (805) 273-5611 for an immediate consultation on your Los Angeles County domestic violence case.
Photo Credit: Matthew Roth, via Flickr.com