California Superior Court Judge Nona Klippen determined there wasn’t enough evidence for the domestic violence portion of the criminal case to move forward to a jury trial after listening to Elissa Ennis’ testimony during Foster’s preliminary hearing in San Jose on May 17.
The judge reduced Foster’s assault weapon charge from a felony to a misdemeanor and scheduled a pre-trial hearing for June 6, according to NFL Network’s Patrick Claybon. Police said they found a Sig Sauer 516 — a semi-automatic rifle — when searching his home prior to his February arrest.
On the weapons charge, Judge Klippenâs reasoning was there was no violation of federal statutes, and the gun was purchased lawfully.
â Patrick Claybon (@PatrickClaybon)
May 23, 2018
â Santa Clara DA (@SantaClaraDA)
May 23, 2018
“We continue to monitor all developments in the matter,” an NFL spokesman said in a statement to NFL.com.
49ers general manager John Lynch issued the following statement:
“The organization is aware the domestic violence charges against Reuben Foster were dismissed earlier today. As a result, he will have the opportunity to rejoin the team tomorrow. It has been made clear to Reuben that his place on this team is one that must continue to be earned. We will continue to monitor the remaining misdemeanor charge.”
Ennis testified Foster never hit her and that she made false accusations in order to extort money from him and ruin his career because she was angry over their breakup. She also testified that she went to jail in 2011 after she falsely accused another former boyfriend of domestic violence.
Foster, 24, has not participated in the 49ers‘ offseason program since being charged in mid-April. In addition to the charge he’s still facing in California, Foster is due in court next month for a misdemeanor marijuana charge stemming from his January arrest in Alabama.
Regardless of whether or not he’s convicted in either case, Foster remains subject to potential NFL discipline under the league’s personal conduct policy.