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Police Turn Over Ray McDonald Alleged Domestic Violence Case To Prosecutors; No Decision Yet On Charges

SAN JOSE (CBS SF) -- More than a month after his arrest on felony domestic violence charges, the San Jose Police department has turned over its case involving 49ers defensive lineman Ray McDonald to prosecutors.

The Santa Clara County District Attorney's office confirmed it received the McDonald case Thursday. Spokesman Sean Webby said prosecutors will review the material thoroughly and eventually decide whether or not to file criminal charges against McDonald.

Another option would be to seek further investigation.

Police investigators have been working this case for 32 days.

Webby said the D.A.'s office believes the amount of time it took for police to get the case to prosecutors was appropriate and that it's too early to tell when a decision on whether to file charges would be made.

McDonald was arrested in the early morning hours on August 31st on suspicion of domestic violence after police were called to his San Jose home during a birthday party. It is now up to prosecutors to determine what charges, if any, to file against him.

McDonald allegedly hit his pregnant fiancé and police say she suffered "visible injuries."

KPIX 5 Legal Analyst Melissa Griffin-Caen said the DA needs to be sure about the case before filing charges.

"Ray McDonald is gonna be able to afford a very good defense attorney and under the circumstances where it's so high-profile … you cannot submit a half-baked investigation -- it needs to be absolutely squared up, tied in and ready to go."

McDonald's arrest came just days after the NFL decided for harsher penalties against players involved in domestic violence incidents.

Since his arrest, the 49ers have allowed McDonald to take part in all team practices and play in all games. They've repeatedly cited 'due process.' That could change, though, if prosecutors decide to file charges.


 

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