A grand jury on Wednesday indicted former 49er Ray McDonald with one count of raping an intoxicated woman late last year during a party at his home in San Jose, California. Prosecutors also charged current 49er Ahmad Brooks with sexually assaulting the woman at the same party.
The charges are the latest in a long-running legal saga centered around McDonald, who was dropped by the San Francisco 49ers and, eventually, the Chicago Bears in response to the allegations.
The indictment stems from a Dec. 15, 2014, incident at McDonald's home. Santa Clara District Attorney Jeff Rosen's office did not disclose details regarding the allegations, but sources familiar with the investigation told the San Jose Mercury News that the alleged assaults were caught on videotape by McDonald's security system.
According to a search warrant issued at the beginning of the initial investigation, the woman told police she left a bar with McDonald, but slipped and hit her head while walking near his pool — and therefore doesn’t remember the rest of the night.
She told police she woke up naked next to McDonald, who denied they had sex, then later admitted they had spent the day together and that it was consensual.
McDonald faces up to eight years in prison for the one count of "rape of an intoxicated person," according to the district attorney's office. Brooks, a 31-year-old starting outside linebacker for the 49ers, faces six months in jail. It was not immediately clear how the franchise would react to the charge.
The grand jury also indicted McDonald for violating a court’s domestic violence restraining order on May 27, which carries a maximum sentence of one year in jail.
McDonald had been accused days earlier of assaulting his then-fiancé, but charges were dropped as a result of conflicting accounts and the victim’s refusal to cooperate with the investigation.