Domestic Violence Charges Against 49er Reuben Foster Dropped

SANTA CLARA COUNTY, CA — Domestic violence charges against NFL linebacker Reuben Foster have been dropped, Santa Clara County Superior Court Judge Nona L. Klippen announced this afternoon. Foster has appeared in court numerous times since February, after being arrested when his ex-girlfriend Elissa Ennis alleged that he battered her and threw their dog across their Los Gatos home.

Ennis recanted her claims two days later, telling Los Gatos police Detective James Wiens she had made up the allegations because she was angry that Foster had broken up with her that morning.

Ennis obtained video evidence in an effort to prove that injuries to the side of her face, her knee, the back of her neck and her eardrum resulted from a fight she got into with a stranger in San Francisco the evening before.

Ennis appeared in court Thursday and testified she had lied about Foster punching her in the head approximately 10 times, dragging her out of their house and throwing her down the steps of the Shannon Road home.

Ennis said she wanted to "f--- up his career" and at one point sat outside their home, contemplating what she was going to say before flagging down a stranger in a nearby car and using his phone to call emergency
services.

Klippen said that it is her duty following a preliminary hearing, which began on Thursday, to consider whether the totality of the evidence, the credibility or merit of the alleger and the testimony given show probable cause that crimes were committed.

The judge believed that evidence was insufficient, the alleger did not have sufficient credibility and that her testimony about a fight happening in San Francisco the evening before Foster's arrest on Feb. 13 was more consistent with the injuries that Ennis suffered.

These injuries appeared in images taken at the hospital hours after Foster's arrest. Klippen said that none of the pictures showed that Ennis, a "slight, most likely 110-pound woman" had been punched. There were no black eyes or broken bones, she said.

Klippen stated that while recanting of allegations is fairly routine in domestic violence cases, several factors such as Ennis' calm demeanor during one of the 911 calls and when law enforcement showed up to the house suggested that the recantation was likely the truth.

The judge also noted that Ennis' history of lying about being beaten by a previous ex-boyfriend when he broke up with her in 2011 lowers her credibility and makes her testimony in court more believable.

Klippen did not believe there was evidence that Foster had threatened Ennis' safety or paid her to recant her allegations. Nor was there evidence, the judge said, that Ennis had told her mother or brother that Foster had hit her or that they had communication through phone calls in the days following the alleged violence.

There was no indication that Foster was controlling Ennis, leading her to be isolated from her friends and family or fear testifying in front of him in court.

In fact, the opposite may have been true, Klippen said, as Foster paid to fly Ennis home to see her family in Louisiana twice a month and gave her a car and cellphone to use so she could function independently.

As for Ennis' motive to lie, Klippen said that her claim of being angry that the relationship was ending was consistent with thoughts she could have had about leaving the comforts of her upper middle-class life.

Klippen pointed out that Ennis did not have to work and had a prepaid phone and car as well as luxurious trips such as the one she had recently taken to the Super Bowl.

"She was unhappy that this was all coming to an end," the judge said.

While the felonies related to the domestic violence allegations have been dismissed, Foster will appear in court again the morning of June 6 in Klippen's courtroom to address the remaining charge of possession of an assault weapon.

Santa Clara County Deputy District Attorney Kevin Smith informed Klippen that Foster had been arrested on Jan. 18 in Alabama, where he had legally purchased the Sig Sauer 516 found at the Los Gatos home, while in
possession of a gun.

Foster was allegedly found smoking marijuana in his car in a parking lot after he had dropped his friend DeAndre Austin off at a nearby motel. Austin was detained after a police search for locations of prostitution, as he had allegedly solicited $10,000 for sexual acts that night.

When Foster was taken into custody, he admitted to the marijuana and that the gun was his, Smith said.

Foster's attorney Josh Bentley clarified that the pending charge was a misdemeanor for possession of marijuana.

Neither prosecutors nor defendants commented after walking out of the Hall of Justice after the hearing.

The San Francisco 49ers released a statement just minutes after Klippen announced her ruling, saying that they were aware the domestic violence charges had been dismissed. Foster will be allowed rejoin the team
Thursday.

"It has been made clear to Reuben that his place on this team is one that must continue to be earned," General Manager John Lynch said. "We will continue to monitor the remaining misdemeanor charge."

In a statement, the Santa Clara County District Attorney's Office said, "We are disappointed in the judge's decision. We are disappointed because the evidence demonstrated that Mr. Foster seriously hurt his girlfriend."

Prosecutors said that they believe Foster hurt his girlfriend even though she recanted because "recantation is common among domestic violence victims."

PREVIOUS COVERAGE:

• 49er Reuben Foster's Ex Testifies She Lied To Cops
• Misdemeanor Charge Against 49er Reuben Foster Dismissed By DA
• SF 49er Reuben Foster Arraigned On Domestic Violence Charges
• Prosecutors In 49er Reuben Foster's Assault Case To Review Video
• 49er Reuben Foster Pleads Not Guilty To Domestic Violence Charges
• 49er Reuben Foster's Ex Girlfriend Recants Assault Allegations

By Bay City News Service

Photo: Reuben Foster #56 of the San Francisco 49ers warms up before their game against the Denver Broncos at Levi's Stadium on August 19, 2017 in Santa Clara, California. (Photo by Ezra Shaw/Getty Images)