49ers release Reuben Foster after domestic-violence arrest

TAMPA, Fla. - The 49ers released linebacker Reuben Foster on Sunday morning, about 12 hours after after he was arrested on suspicion of domestic violence at the team hotel.

The charges were brought by the same woman at the center of a previous case against Foster. Elissa Ennis, described as Foster’s on-again, off-again girlfriend, accused him of domestic violence at their Los Gatos home last April, but later recanted, testifying that she fabricated the allegations. The case was dropped.

Now Ennis wants to press charges against Foster for an incident Saturday night in which he allegedly slapped her in the face, according to an arrest report from Tampa police.

Foster was arrested at 9:10 p.m. at the Grand Hyatt, which is located about 5 miles from Raymond James Stadium, where the 49ers played the Tampa Bay Buccaneers on Sunday. Foster was released on bond at 1:18 p.m. EST.

General manager John Lynch, addressing the media an hour before the game, said Foster didn’t obey “very specific ground rules” put in place after his offseason troubles, and that coach Kyle Shanahan and team ownership were fully behind the player’s release.

“After the events of the offseason, we were very clear with Reuben and I think very fair,” Lynch said. “He understood what that was. The really sad thing is he had taken some very positive steps in maturing in a really nice fashion. Unfortunately in life, there are consequences for your actions. When you show bad judgment, particularly after something’s been communicated very clearly what the expectations are, there are consequences.

“We feel it’s in the best interest of our organization to move on at this point, and that’s a very tough decision,” Lynch added. “I want to be clear this is an organizational decision. Kyle and I talked last night. We brought it to ownership. We were all lockstep in the decision. It was not easy on anybody.”

John York, the 49ers co-owner, declined comment about Foster when approached at the game, a 27-9 loss to Tampa Bay.

Lynch and Shanahan had been steadfast supporters of Foster in his off-field troubles earlier this year but also warned against future incidents that would call into question his judgment and decision making.

Foster, an energetic and charismatic playmaker from the University of Alabama, was drafted in the first round by the 49ers in 2017. He played only 16 games (of 26) and was credited with 101 tackles, no interceptions, no forced fumbles, no fumble recoveries and no sacks. He missed six games as a rookie because of injuries, started this season on a two-game suspension because of this year’s earlier arrests for domestic violence and marijuana possession, and he was set to return Sunday from a two-game hiatus caused by a hamstring injury.

A criminal affidavit from Tampa police states that officers responded to a domestic violence call at the hotel Saturday night involving an argument between Foster and Ennis, with whom he had an “on-again-off-again relationship” for the past three years.

“The victim stated the (defendant) slapped her phone out of her hand, pushed her in the chest area with one hand, and slapped her with an open hand on the left side of her face,” the affidavit reads, with Foster being the defendant. “The victim has a 1½-inch scratch on her left collarbone. The victim wants to prosecute the (defendant).”

Foster was charged with one count of first-degree misdemeanor domestic violence battery, police said. Jail records show he was booked into Hillsborough County jail at 11:11 p.m. Saturday.

Ennis earlier accused Foster of domestic violence Feb. 11 at their home in Los Gatos, leading to his arrest and two felony charges of domestic violence and a felony charge possession of an assault weapon. Santa Clara County prosecutors, based in part on police interviews with Ennis, contended that Foster dragged her, threw her clothes out, and “punched her in the head 8 to 10 times,” rupturing her eardrum.

But Ennis aggressively recanted on the stand during a preliminary examination hearing for the charges, saying her injuries came from a fight the previous night and that the accusations that Foster hit her were revenge for an imminent breakup and that “it was all a money scheme” to leverage him financially. The related domestic-violence charges were dismissed May 23.

Steven Clark, a criminal-defense attorney and former prosecutor who closely followed the Foster case, said Sunday that prosecutors in Santa Clara County have the option of pursuing a probation violation for the recent arrest, and can feel some vindication of their pursuit of charges even in the face of an uncooperative witness.

“The Santa Clara DA’s skepticism of the prior recantation is substantiated by this recent arrest,” Clark said. “It is likely they will consult with Tampa authorities to review their investigation of the Los Gatos arrest.”

Clark said the statute of limitations for the domestic-violence allegations against Foster in Los Gatos have not expired, so prosecutors could charge him again. Double jeopardy protection does not apply since Foster was not brought to trial.