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McDonald faces rape charge; Brooks charged, too

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The Sports Xchange

Former NFL defensive end Ray McDonald was indicted Wednesday on a felony rape charge, and San Francisco 49ers linebacker Ahmad Brooks was charged with misdemeanor sexual battery against the same woman.

A Santa Clara (Calif.) County grand jury handed up the indictment against McDonald, a former 49ers defensive end, and the district attorney charged Brooks, the San Jose Mercury News reported.

The charges are the result of an investigation into a party at McDonald’s house in December.

The grand jury also indicted McDonald for violating a restraining order barring him from contact with his ex-fiancee and their baby. He was charged with felony false imprisonment and three misdemeanors from two incidents in May involving the ex-fiancee, but the grand jury declined to indict him on the other charges.

McDonald, 30, faces up to eight years in prison if he is convicted of rape. The misdemeanor charge carries a maximum sentence of one year.

Brooks, 31, faces up to six months in jail if convicted.

Brooks will not play in the 49ers’ preseason game at Denver on Saturday.

“The organization is aware that a misdemeanor charge has been filed against Ahmad Brooks stemming from a December 2014 matter,” general manager Trent Baalke said in a statement Wednesday. “We take any charge against a member of this organization seriously and are in communication with the NFL. Ahmad is returning home to California and will not participate in Saturday’s game.”

The alleged assaults occurred Dec. 15 during a pool party at McDonald’s house in an upscale San Jose neighborhood.

According to police, the alleged victim said she fell and hit her head on the ground near the pool and does not remember the sexual encounter. However, she alleged that home surveillance video shows McDonald and Brooks molesting her as she lay unconscious. McDonald maintained they had a consensual sexual encounter in his hot tub.

McDonald filed a defamation suit against the woman, but it was dismissed in June after she filed a countersuit.

The 49ers released McDonald on Dec. 17 after learning of the rape investigation. He had been arrested in August 2014 for allegedly assaulting his ex-fiancee, and Baalke cited a “pattern of poor behavior” as the reason for the release.

With no charges filed in either case by March, the Chicago Bears signed McDonald to a one-year contract. However, the Bears quickly released him after his arrest in May.

Bears general manager Ryan Pace said, “We believe in second chances; but, when we signed Ray, we were very clear what our expectations were if he was to remain a Bear. He was not able to meet the standard, and the decision was made to release him.”

McDonald had 39 tackles and three sacks in 14 games for the 49ers last season. In his eight-year career with the 49ers, McDonald had 210 tackles and 19 1/2 sacks.

Brooks, a starter for the 49ers the past four seasons, has 195 tackles and 39 sacks in six seasons overall with the team. He started his career with the Cincinnati Bengals.

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