The incident at Ray McDonald’s house that led to McDonald getting released by the 49ers isn’t going away, as TMZ reported today that McDonald’s accuser is now accusing Ahmad Brooks of sexual assault in a lawsuit. The alleged victim is represented by Gloria Allred, who will hold a press conference today.
McDonald had sued the woman for defamation … after the San Jose PD investigated the allegations but dropped the case due to insufficient evidence.
Now, the woman is firing back in the defamation lawsuit — claiming she believes there is SURVEILLANCE VIDEO from the night in question … which shows part of the alleged sexual assault.
According to the docs obtained by TMZ Sports, the woman says on December 14th, 2014 she was at McDonald’s home and slipped and fell on the deck around his swimming pool, knocking herself unconscious for more than 8 minutes.
While she was blacked out, the woman claims the video will show McDonald’s friend Brooks “groped her person in a sexual manner.”
The 49ers have already responded:
GM Trent Baalke said #49ers are aware and are … “… disappointed to learn of this matter and will continue to monitor the situation.”
— Eric Branch (@Eric_Branch) May 6, 2015
This news comes five days after Baalke drafted an outside linebacker in the third round in Eli Harold. Brooks was benched for the final three quarters of the 49ers’ win over the New York Giants after getting into it with Jim Tomsula, and was benched for the entirety of the team’s loss to the Oakland Raiders for missing a team meeting.
Brooks has been mentioned as a potential “cap casualty” candidate due to his poor 2014 season and high salary, but with the retirements of Patrick Willis and Chris Borland, some wondered if Brooks may hold some value as a middle linebacker since he’s played the position before in the NFL. Here are the cap numbers, courtesy of Niners Nation:
If the 49ers chose to release or trade Brooks before June 1, they would save $1,508,750, while taking on a dead money hit worth $5,546,250 in 2015. If they choose to designate him as a June 1 release, they would see savings of $4,706,250, while having dead money hits of $2,348,750 in 2015, and $3,197,500 in 2016.
A source familiar with the investigation confirmed that McDonald will not be charged. However, authorities are still investigating whether to charge another player — whose identity has not been revealed — with sexually touching the woman after she passed out at the get-together at McDonald’s house.
Prosecutors, in a statement, said: “The Santa Clara County District Attorney’s Office has made no decision on the most recent Ray McDonald matter. When the investigation is complete, this office will release our findings publicly or through publicly filed charges.”
As far as I’ve seen, the Santa Clara DA has not released any information on this investigation.