49ers linebacker Reuben Foster pleads not guilty to domestic violence charges

San Francisco 49ers Team Page at NFL.com

During her initial statement, Ennis told police Foster threw her dog across the room, but that it didn't suffer any injuries.

If, at that time, it is determined that Foster's case will proceed, Foster would be arraigned again and then have to enter another, more formal plea. The latter was found on the floor of the bathroom with a loaded 30-round magazine and a round in the chamber. However, she has since changed her story, saying they instead came from a fight with a woman that occurred following a road-rage incident that happened within 48 hours of the incident with Foster.

The morning after their argument, Ennis told police, Foster threw her clothing out the window of an upstairs balcony and told her to get out. She tried calling the police as she later escaped the house, but when she fell down Foster threw her phone, breaking it.

Legal analyst Steven Clark said, "this is a gamble".

Ennis' testimony - paired with the video Ennis' attorney claims shows Ennis getting into a fight with another woman and suffering a ruptured ear drum - could ultimately be the tipping point for the defense.

Foster is now awaiting a verdict for three felonies charged from the Santa Clara District Attorney's Office last month: 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.

The Sacramento Bee reported police found two loaded guns at the home - a.38-caliber pistol and a Sig Sauer short-barreled rifle. 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.

The hearing is scheduled for May 17 and the big question is whether his ex -- Elissa Ennis - will testify no that her attorney says she retracts her accusations.

Barrows also reported that officers smelled marijuana in Foster's Los Gatos home. A friend of Foster's was staying at the house, though he says he was in his room at the time of the incident and didn't witness any argument or altercation. In the police report, Foster acknowledged he broke Ennis' phones. Foster physically threw her out both times. Foster remains a member of the 49ers although the team hasn't allowed him to participate in the offseason program while his case is ongoing.

Niners general manager John Lynch said they will cut the beleaguered linebacker if the charges involving Ennis are proved true.

"Additional evidence was provided to the People that warrants further investigation so that we can take this case to a just result,"prosecutor Jim Demertzis said". County District Attorney's Office chose to proceed with the charges.

"We can promise you guys, if there's someone who ever hits their significant other, girlfriends, some person like that, that person is not going to be on our team", Shanahan said on April 26.

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