Fooch’s update: Domestic violence and criminal threat charges were dropped, while the gun charge was reduced from a felony to a misdemeanor.
San Francisco 49ers linebacker Reuben Foster is back in court Wednesday afternoon at 3:30 p.m. PT to learn whether or not he will face trial in Santa Clara.
Foster was arrested in February and charged in April with three felonies, including domestic violence, forcefully attempting to prevent a victim from reporting a crime, and illegal weapon possession. Since the charges were filed, the accuser (his ex-girlfriend) has appeared in court to recant her original statement to police. The judge spent the past six days considering her testimony. If the judge believes what Foster’s ex-girlfriend said in court, there is a strong likelihood she dismisses the charges for domestic violence and preventing reporting of a crime. The judge is also considering the gun charge and whether to reduce it to a misdemeanor.
The 49ers were back at practice on Tuesday, and Kyle Shanahan spoke to the media. Naturally, he got a question about Foster’s status. The big question for many people is how quickly Foster could return to the team if some or all of the charges are dismissed on Wednesday. Given the situation is still unclear, Shanahan could not offer much detail.
“With that whole thing, it’s still ongoing. Hopefully we’ll have some more answers by tomorrow. We’ve been patient this whole time and we’re going to continue be patient until we get a few more answers and then when the decision does come, I promise you guys I’ll answer that for you right away.”
Foster faces a potential suspension for this arrest and his marijuana arrest. On Tuesday, Kansas City Chiefs tight end Demetrius Harris was suspended for one game related to a marijuana arrest in Missouri this past March. I don’t know what Harris’ status was in the drug program, but it is worth noting Foster was in the program following a positive Combine drug test. The test came back diluted, which is treated as a positive. But that coupled with his gun charge and the NFL’s investigation into his domestic violence arrest could all impact the length of a potential suspension.
If the league does suspend Foster, he will be allowed to participate in practice, training camp, and preseason games. He would then go on the reserve/suspended list prior to Week 1, assuming he received a suspension starting Week 1. But whether or not he returns to practice comes down in part to what happens at 3:30 p.m. PT on Wednesday.