Records detail allegations against former 49ers' Ray McDonald

SAN FRANCISCO (KGO) -- We have new details about a sexual assault allegation made against former San Francisco 49ers lineman Ray McDonald. The court released a search warrant affidavit on Monday, with more information on accusations from the woman.

The 32-page affidavit is a summary, if you will, of the San Jose police investigation into the accusations of sexual assault. If you recall, this is the second time in four months that he's been investigated by San Jose police. He was arrested in late August after his pregnant fiance called 911, saying he'd physically abused her.

Ultimately, the district attorney dismissed the case and did not press charges.

The woman claims the sexual assault happened earlier this month at McDonald's San Jose home on Bentley Ridge Drive.

She met him earlier at the Willow Den Bar, where she was drinking with her friends, and ended up at McDonald's home where they continued drinking.

The last thing she remembers is falling by his pool and hitting her head on the ground.

The next morning, she says she woke up naked in his bed. The woman told police that McDonald said he just let her sleep in his bed because she was tired.

Later that day, she says 49er linebacker Aldon Smith showed up at the house and the three of them began drinking.

That's when she says McDonald told her they did have sex.

The next day, the woman went to the hospital where police interviewed her.

An investigator got her permission to send a text message to McDonald from her phone as if she were texting him.

Legal analyst Steve Clark says it's a common investigative tool.

"They try to get a suspect to start talking about the allegations," he said. "Even if they don't admit it, are they lying about little things?"

The document lays out the text conversations between the police sergeant and McDonald.

McDonald: "Yes, get the morning after pill."
Detective: "Ugghh :( that's not cool."
McDonald: "(Expletive) just happened."
Detective: "I don't remember anything. I don't know how I could've been enjoying anything. My friggin head hurts."
Detective: Wats (sic) your address? I'm gonna have my friend drive me there."
McDonald: "I won't be home for a while."
Detective: "Is there someone that can give me my stuff?"
McDonald: "I'm going to get u (sic) your stuff... I can drop your watch off to u (sic) on my way home from work... where do you want me to bring it?"
Detective: "I'm just really bothered by all of this. I don't really want to see u (sic) right now."
McDonald: "I don't understand why you're bothered by all of this. U (sic) chose to stay with me for another day."
Detective: "Yeah but u (sic) shudve (sic) had sex with me after I was knocked out! I cudve (sic) died! Are you an expert on head injuries now? The more I think about it, the madder I get. But, don't worry, I'm not going to say (expletive)."
Detective: "I mean that u (sic) shud (sic) not have had sex. Stupid autocorrect."
McDonald: "I didn't do anything wrong. Like u (sic) told me before u (sic) started coming on to me."
McDonald: "Like I*."
Detective: How can I come on to u (sic) if I was drunk and woozy from hitting my head? U (sic) know better than that."
McDonald: "Because u (sic) did."
Detective: "A real gentleman wud (sic) know that u (sic) don't take advantage of a woman wen (sic) they are like that. I thought you were a nice guy. Guess I was wrong."

Police searched McDonald's home and confiscated his iPhone and home security cameras.

"These surveillance tapes could be key," said Clark. "Do they show two people consensually getting together or was he aggressive? Was she stumbling? Does it show she was impaired?"

Kathleen Krenek of Next Door, a group that helps victims of sexual abuse, believes the DA should have prosecuted McDonald the last time for domestic abuse.

"I think I've said in other interviews that when it was the first incident against his wife that he will commit another one."

When police finish their investigation, they'll turn the case over to the DA, who will decide whether to charge McDonald.

The 49ers released McDonald on Wednesday, citing a pattern of behavior and off-field issues.
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