A judge dismissed two felony domestic violence charges against Reuben Foster on Wednesday, six days after his former girlfriend recanted accusations made against the San Francisco 49ers linebacker.
California Superior Court Judge Nona Klippen determined there wasn’t enough evidence for the domestic violence portion of the criminal case to move forward to a jury trial after listening to Elissa Ennis’ testimony during Foster’s preliminary hearing in San Jose on May 17.
The judge reduced Foster’s assault weapon charge from a felony to a misdemeanor and scheduled a pre-trial hearing for June 6th, according to NFL Network’s Patrick Claybon. Police said they found a Sig Sauer 516 (a semi-automatic rifle) — when searching his home prior to his February arrest.
On the weapons charge, Judge Klippen’s reasoning was there was no violation of federal statutes, and the gun was purchased lawfully.
— Patrick Claybon (@PatrickClaybon) May 23, 2018
— Santa Clara DA (@SantaClaraDA) May 23, 2018
“We continue to monitor all developments in the matter,” an NFL spokesman said in a statement to NFL.com.
49ers general manager John Lynch issued the following statement:
“The organization is aware the domestic violence charges against Reuben Foster were dismissed earlier today. As a result, he will have the opportunity to rejoin the team tomorrow. It has been made clear to Reuben that his place on this team is one that must continue to be earned. We will continue to monitor the remaining misdemeanor charge.”
In addition to the charge he’s still facing in California, Foster is due in court next month for a misdemeanor marijuana charge stemming from his January arrest in Alabama. The NFL needs to suspend him so he can think about his life choices.