/cdn.vox-cdn.com/uploads/chorus_image/image/44388194/181580431.0.jpg)
Fooch's Note: Site decorum is off
The San Francisco 49ers cut ties with Ray McDonald last week, but the investigation into sexual assault allegations against him continues. The San Jose Mercury News had an update indicating the alleged victim told police McDonald had sex with her after she hit her head and passed out. You can read through the whole report HERE.
First off, it is important to note that the dates in the San Jose Mercury News article have to be incorrect. They suggest McDonald was at his home the morning on Sunday December 14, but the 49ers flew up to Seattle Friday the 12th. I will assume those are typos in the report, but we'll wait and see. (Fooch's Update: The Mercury News corrected it to state Aldon was over drinking on Monday December 15, the team's day off).
A real problem potentially arises for the 49ers, but not because of McDonald's actions. According to the report, McDonald was out with Aldon Smith drinking the day after the alleged sexual assault. It does not say what Smith was drinking, but if it was alcohol, there is a serious problem. The biggest immediate issue is that he is on probation for his guns and drinking charges, and the terms of his probation included no drinking. If it could be proven that he was drinking, his probation could be revoked, and he could go to jail.
The bigger long-term issue is of course the notion that Aldon is drinking at all. He went to rehab and claimed to have cleaned things up, so that could be problematic. It is entirely possible he was not drinking alcohol, so we'll have to wait for more details. But for now, this is something that is officially back on the radar. The 49ers exercised Aldon Smith's fifth year option, but for now it is only guaranteed for injury. If further proof came out that Aldon Smith was drinking alcohol, the 49ers would have until the start of the new league year to figure out what to do with that option.