Instead of going home, however, "she ended up at Ray McDonald's house," according to the affidavit. While outside by McDonald's pool, the alleged victim fell and hit her head.
"She stated she next woke up the next morning naked in bed with S-1 [McDonald]," the affidavit says. "She asked S-1 what happened and he told her that she was just tired so he let her sleep in his bed."
But that Sunday, a friend called and told her she was "making out with S-1 on his couch, which she has no memory of," according to the document. It also alleges that she stayed with McDonald alone at his house until Aldon Smith showed up and the three of them picked up some vodka and cranberry juice and started drinking (which could lead to some trouble for Smith, if true).
The alleged victim remained at McDonald's house until later Sunday night when he began talking about his domestic violence case, and she asked him again what happened when she was asleep in his bed. This time, according to the search warrant supporting document, McDonald told her they had sex.
The alleged assault was reported the following Monday from a local hospital, according to the San Jose Police Department. Officers served the search warrant on Tuesday, Dec. 16., after conducting a "pre-text text."
The affidavit describes the investigative tactic as a text conversation that begins between an alleged victim and suspect, but then is taken over by an investigating officer. The alleged victim asked McDonald via text message if he wore a condom.
"I'm at the store. I need to know if I should be buying the morning after pill," she texted, according to the affidavit.
Then an SJPD sergeant took over the conversation.
"Yes, get the morning after pill," McDonald texted back.
The rest of the conversation is transcribed in the search warrant documents below.
Original Post, Dec. 17:
The San Francisco 49ers announced they've terminated defensive tackle Ray McDonald in a swift response to a new assault allegation against the veteran player.
"This is about a pattern of poor decision-making," 49ers General Manager Trent Baalke said Wednesday, hours after San Jose police announced officers served a search warrant at McDonald's home on Tuesday.
"Ray and I had multiple conversations since the latest allegations and put together some criteria that we felt he needed to do in order to stay in good standing," Baalke said. "With these latest allegations, that was just one more situation that we just weren’t willing to deal with anymore."
The alleged assault reportedly occurred Monday at McDonald's home in south San Jose.
Here's the San Jose Mercury News summary of how the new case surfaced:
A search warrant was served Tuesday at McDonald's Silver Creek valley residence, the same day police got a call from a local hospital to report a possible sexual-assault victim. Police say the woman told investigators that she had been assaulted "a day prior."
"The preliminary investigation revealed the alleged suspect was Ray McDonald," San Jose police spokeswoman Sgt. Heather Randol said in an email.
McDonald has not been arrested, and the investigation is ongoing, Randol said, adding that once it's complete, it will be forwarded to the Santa Clara County District Attorney's Office for review. A law-enforcement source said the person who made the allegation is not McDonald's fiancée, who was the reporting party in an earlier domestic-violence investigation involving the player.
The team's response to the latest allegation is in contrast to its approach when McDonald was arrested in late August on suspicion of domestic violence. The 49ers allowed the lineman to continue playing. The 49ers insisted that McDonald was entitled to due process as authorities investigated the case.
Santa Clara County prosecutors announced in early November that they would not charge McDonald for that incident because of "conflicting accounts, the lack of a verifiable eyewitness, and the lack of cooperation by [McDonald's fiancée, the alleged victim], we cannot prove that a crime occurred."
In a brief statement to reporters Wednesday, 49ers General Manager Trent Baalke signaled the team's patience has run out:
After the recent allegations concerning Ray McDonald we as an organization have informed him and his agent that he will be terminated, released, effective immediately.
While this organization has a strong belief in due process and has demonstrated that over time, Ray's demonstrated a pattern of poor decision-making that has led to multiple distractions for this organization and this football team that really can no longer be tolerated, and that's the reason for the decision that we made today.
More from the AP on the 49ers' response:
San Francisco 49ers general manager Trent Baalke said he informed McDonald and his agent by phone at 11:30 a.m. PST that the defender is "terminated."
"This is a situation that we can all learn from," he said.
Baalke said CEO Jed York and coach Jim Harbaugh also were involved in the decision.
"We expect a lot from our players, hold them accountable for their actions," Baalke said.
Baalke said the 49ers notified the NFL office of the allegations against McDonald, saying, "This is a team decision."
Read one of the search warrant documents, including SJPD Officer Sean Pierce's affidavit, below:
