SAN FRANCISCO (AP) — A woman alleges former San Francisco 49ers defensive lineman Ray McDonald sexually assaulted her after a night of drinking and after she injured her head in a fall by his swimming pool, according to court documents unsealed Monday.
The woman told authorities she has no memory of the sexual encounter that occurred in McDonald's San Jose house, which police say occurred Dec. 14 a few hours after the 49ers returned from a 17-7 loss to the Seahawks in Seattle. The court papers quote McDonald as saying in a text message that he believed the encounter was consensual. McDonald also told police the entire incident was captured "on his internal video system and was on his DVR in his room."
No charged have been filed, and the San Jose police continue to investigate. McDonald could not be reached for comment, and his agent, Tom Condon, didn't immediately respond to text and phone messages.
The court documents were written by San Jose police investigators to obtain a search warrant for McDonald's home.
The documents were unsealed in Santa Clara County Superior Court and stated that the incident began with the woman drinking with friends at their home. They then met McDonald and several of his friends at a nearby bar and finished the night at his San Jose home.
She told police the last thing she remembers about the evening is falling down near McDonald's pool and hurting her head. She awoke naked the next morning next to McDonald, who initially denied a sexual encounter, according to the court documents.
The woman stayed with McDonald at his home the next day and drank vodka with McDonald and San Francisco 49ers player Aldon Smith, according to the papers. That's when McDonald conceded that a sexual encounter occurred, according to the court documents.
An investigator using the woman's phone Dec. 16 and pretending to be her texted McDonald complaining about the encounter. McDonald responded by saying the woman "started coming on to me" and that the incident was consensual.
"I don't understand why you're bothered. U chose to stay with me another day," McDonald texted. The investigator posing as the woman replied that McDonald shouldn't have had sex with her while she was unconscious.
"I didn't do anything wrong," McDonald replied. His home was searched that night.
The affidavit submitted by San Jose police to a judge in application for a search warrant said the sexual encountered occurred on Dec. 13 and that Smith had drinks with the pair Dec. 14. Sgt. Heather Randol, a police spokeswoman, said Monday that those dates were wrong. Police say the encounter occurred Dec. 14 and drinks with Smith happened the next day.
The 49ers released McDonald on Wednesday, citing a pattern of behavior and off-field issues.
Last month, the Santa Clara County district attorney's office announced that it declined to file charges against the defensive lineman in a domestic violence investigation. He was arrested Aug. 31 while celebrating his then-upcoming 30th birthday at his home.
Update: Dec. 23, 1:20 p.m.
Smith spoke to the media Tuesday, denying that he consumed alcohol at McDonald's house.
"As far as it's concerned, I was over at Ray's house for close to an hour. I didn't drink one thing. And as far it goes relating to that, I have nothing else to say. That's not my issue or my problem," Smith said.
Smith was suspended nine games this season for violating the league's personal conduct and substance abuse policies stemming from weapons chargers and a DUI in September of 2013. Smith also was also arrested for a DUI in February of 2012 after a successful rookie year. That charge was later reduced to reckless driving.
Drinking alcohol would be a violation of Smith's probation. He was given three years probation in July in his sentencing for the weapons and DUI charges.