San Francisco 49ers linebacker Reuben Foster had his two felony domestic violence charges against him dismissed by a judge Wednesday.
Santa Clara (Calif.) County Judge Nona L. Klippen made the decision, citing insufficient evidence to believe the domestic violence charges rose to the level of probable cause after listening to the testimony of Foster’s ex-girlfriend, Elissa Ennis, last week.
Foster, 24, also had the gun charge against him reduced to a misdemeanor, and the pretrial for that case is scheduled for June 6.
Niners general manager John Lynch said in a statement later Wednesday that Foster can return to the team’s offseason program on Thursday.
“The organization is aware the domestic violence charges against Reuben Foster were dismissed earlier today,” Lynch said. “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 at the Santa Clara Hall of Justice on May 17 that she initially lied to police about Foster hitting her on Feb. 11 and did so in an attempt to ruin Foster’s career and “end him.”
Ennis originally told police Foster hit her in the head eight to 10 times, causing facial bruises and a ruptured eardrum. Ennis had since recanted that statement, and in her testimony she said she “lied a lot” to authorities about the incident.
Ennis, testifying against the advice of attorney Stephanie Rickard, said Foster never put his hands on her and that she said he did in an attempt to sue him for money after he broke up with her the morning of Feb. 11. She also admitted to stealing more than $8,000 and two Rolex watches from Foster after their breakup.
“I was pissed and I wanted to end him,” Ennis said in her testimony.
Ennis also testified that she falsely accused a former boyfriend of domestic violence in 2011 after he attempted to break up with her.
Foster was in attendance throughout the testimony. He pleaded not guilty earlier this month to three felony charges stemming from the incident: domestic violence with an allegation of great bodily injury, forcefully attempting to prevent a victim from reporting a crime and possession of an assault weapon.
Foster has not participated in the 49ers’ offseason program since he was charged in mid-April. He is scheduled to appear in court for his marijuana possession arrest in January on June 20, according to a report from NFL Network.
Foster remains subject to discipline by the NFL under the league’s personal-conduct policy.
—Field Level Media