San Francisco 49ers linebacker Reuben Foster appeared before a judge at a plea hearing and entered a response of not guilty on all counts at the Hall of Justice in San Jose, Calif., on Tuesday. Foster's girlfriend, who is the alleged victim, has since said she fabricated the allegations, but the Santa Clara DA is proceeding with the prosecution.
Ennis originally told police that Foster hit her ten times, rupturing her ear drum. But she has changed her story, saying the injuries were inflicted during a physical altercation with another woman in a road-rage incident that occurred within two days of the alleged Foster altercation, according to the Sacramento Bee's Matt Barrows.
Foster was charged with domestic violence with an allegation that he inflicted great bodily injury, forcefully attempting to prevent a victim from reporting a crime and possession of an assault weapon after the Los Gatos-Monte Sereno Police Department responded to a possible disturbance at a Los Gatos, California, home on February 11.
Reuben Foster on Tuesday plead not guilty to three domestic violence charges and will have a preliminary hearing May 17 that could go a long way toward determining the outlook of his case. Foster also allegedly dragged the victim by her hair and physically removed her from his house. The first was a loaded.38 caliber pistol and the second was a Sig Sauer short-barreled rifle, which was found loaded with a 30-round magazine on the floor of his bathroom and a round in the chamber. "(Foster) did not strike her, injure her or threaten her", said the woman's attorney. It also gives the the Santa Clara County District Attorney's Office less time to build their case in time for the hearing. Police also have contacted the driver whom Ennis flagged down and who allowed her to call 911, as well as an acquaintance of Ennis' whom she also called from the motorist's cellphone. In the police report, Foster acknowledged he broke Ennis' phones. That video was turned over to prosecutors on April 27 and resulted in last week's plea hearing being pushed to Tuesday so the state could review it more closely.
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It was not clear how much of the newly surfaced details are covered by Ennis' retraction of her domestic-violence and assault allegations.
Those are some of the previously unreported details found in the report filed by Los Gatos-Monte Sereno police officers who arrived at Foster's home that morning.
Foster 's friend stayed with Ennis and him that February 11 night, and claimed he was unaware of any altercation or argument.
Foster, meanwhile, has not taken part in any of the 49ers' offseason program as he and the team awaits legal resolution. General manager John Lynch and head coach Kyle Shanahan have each stated that if the charges against Foster are proven true, he will be released immediately. "That's the standard we want on our team, that's the standard we are going to operate under".