The incident caused the 49’ers to release him, with the team citing a series of poor decision-making as the reason for the decision. Star linebacker Aldon Smith was released by the 49ers on August 7 after his fifth arrest since 2012, this one for a purported hit-and-run drunken-driving accident.
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If he’s convicted, Brooks, the 31-year-old two-time Pro Bowler, could face up to six months in jail and have to register as a sex offender.
[RATTO: Have 49ers moved past worrying about public opinion?]. Statements to law enforcement are considered protected speech. Baalke also noted that the team is in contact with the NFL.
Coach Jim Tomsula said “everybody is on the same page” in how the 49ers have excused Brooks from team activities.
The alleged incident occurred December 15 after a pool party at McDonald’s home in the exclusive Silver Creek neighborhood in San Jose. He is set to remain home when the team plays its third preseason game on Saturday.
The DA’s office also charged 49ers linebacker Ahmad Brooks, 31, with misdemeanor sexual battery.
And finally the other shoe drops with regard to the Ray McDonald situation.
The grand jury did decline to indict McDonald on separate charges stemming from a May incident with a separate woman. Brooks was additionally at McDonald’s home in that night.
Earlier this month, Fangio took the blame. On Wednesday, that changed with the misdemeanor charge. He received the charges right after the session where Santa Clara County prosecutors announced the grand jury’s findings. In June he pleaded no contest to misdemeanor disturbing the peace, which stemmed from an argument with his former fiancée.
McDonald is due in court on September 25 to enter a plea.
Now that Brooks has been charged, Baalke said it would be up to the NFL to decide if he would be sanctioned under the league’s personal conduct policy.
49ERS ROSTER: Brooks can expect a suspension for his actions at some point.
The 49ers could retain Brooks on the roster while the legal process runs its course.
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The Niners’ take is eerily similar to their reaction when new receiver Jerome Simpson was slapped with a six-game suspension last week for mistakes he committed before the 49ers signed him this offseason to compete for the No. 3 receiver spot. Second-year linebacker Aaron Lynch out of South Florida is listed behind Brooks on the depth chart.
