Former San Francisco 49ers defensive end Ray McDonald reportedly won't be charged for an alleged sexual assault that occurred in San Jose after a night of drinking where the defensive end had said the sex was consensual, according to a report.
Ian Rapoport of the NFL Network first reported that McDonald’s agent Tom Condon, who represents the 30-year-old defender, sent a letter to teams stating the charges stemming from December 2014 won't be pursued.
The Santa Clara County District Attorney’s Office, however, said no decision has been made regarding the case.
Still, Rapoport tweeted: “In a letter to teams, Condon says McDonald’s counsel was told the news, despite Santa Clara DA’s process not fully completed with a release.”
And McDonald's mother, LaBrina McDonald, told NBC Bay Area on Thursday that her son's lawyer Josh Bentley spoke to someone in the DA's office who said that her son woldn't be charged. That information was relayed to his agent Tom Condon.She doesn't know the exact day, but it was recent.
She said she was kept out of the loop for the most part because there is video surveillance from the night in question between her son and the woman, and there are "things that a mother shouldn't know."
As for her son not being charged? “This thing should have been done and over with, she said. “This was over nothing.”
LaBrina and Ray McDonalds Sr., who live in Florida, had long insisted to NBC Bay Area that he had not committed any crime.
This is the second time McDonald has escaped charges. Prosecutors decided there wasn't enough evidence to charge him stemming from an Aug. 31, 2014 domestic-abuse arrest at his home.
The team released McDonald after San Jose police revealed the defensive lineman was under investigation for "rape by intoxication."
On Thursday, the 49ers signed Arizona Cardinals Darnell Dockett, either as a replacement for McDonald or for Justin Smith if he retires.
Last month, his house on Bentley Ridge Drive in San Jose went up for sale.
NBC Bay Area's Gonzalo Rojas contributed to this report.