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New details are emerging regarding the recent allegations that led to Ray McDonald's termination and release by the 49ers.
[NEWS: 49ers 'terminate, release' Ray McDonald]
Below is the search warrant affidavit released by the Santa Clara county courts on Monday. V-1 refers to the victim in question, while S-1 refers to McDonald, the suspect. No edits have been made:
FOR THE FOLLOWING PROPERTY:
-Greyish blue long sleeve V-neck shirt (Wilred Brand name)
-Silver Michael Kors watch
-Bedding from master bedroom bed (wherever located in the residence)
-Cell phone belonging to Ray Mcdonald
[RELATED: Report: On probation, Aldon drank alcohol with McDonald]
SUMMARY OF CURRENT INVESTIGATION
On 12-13-14 V-1 was at her friends house in Alamedan Valley drinking before she took a cab to the Willow Den Bar on Lincoln Ave. in San Jose Ca. with four of her friends drinking. She stated she arrived there at 10:00 p.m. and drank 2 Belvederes and Soda. She stated that she was drinking with her four friends' and S-1 and his 3 friends. She started to feel dizzy and sick after her second drink and wanted to go home. She stated that she called a cab, but her friends told her that they would take her home. She got in the car and they left along with S-1, who she identified as Ray McDonald and his friends. She stated that her and her friends and s-1 and his friends drove separately. She stated that she ended up at Ray McDonalds house located in Silver Creek Country Club.
She stated that they were drinking in his bar, which she described as being upstairs. She remembered being out by the pool when she fell and hit her head on the ground. She stated she next woke up the next morning naked in bed with S-1. She asked S-1 what happened and he told her that she was just tired so he let her sleep in his bed.
She stated that her friend called her during the day to check on her and told her that she was making out with S-1 on his couch, which she had no memory of. She stated that she was alone with S-1 until one of his friends showed up by the name of Aldon Smith. She stated that the three of them went to the store and bought some Vodka and Cranberry juice and started drinking again at his house and remained there until later in the night. She stated that he started telling her about his Domestic Violence case that he recently went through. She decided to ask him again what happened and he told her that they did have sex. She asked him why he was lying to her and he said he didn't want to get accused of something crazy like rape. She stated that she has no recollection of having sex with S-1. She stated she did not give S-1 consent to have sex with her. she asked s-1 several times during the day what had happened the night before and he would tell her until the last time she asked.
She stated that one of the girls that she did not know from that night texted her. She told her that she got her number from a friend. She asked her if she was ok and she was worried because she hit her head so hard when she fell.
She stated that she only found some of her clothing the morning she woke up. She stated that she is missing her top that she was wearing and her watch.
On 12-16-14 at 1000 hours S-1 texted V-1 and told her that he found her watch. I explained to her the concept of a pre-text text, which she agreed to do. The following is a portion of the Text conversation between V-1 and S-1. The second portion is text conversation between s-1 and Sgt. Lombardo. V-1 had stated that she was ok with us responding to S-1's text on her behalf.
S: I found your watch
V: I'm glad you found my watch. Did you find my top too?
S: I didn't find your top
V: Damn. Thanks for having me over though.
S: Do you want your watch?
V: Ys please
S: Want to come get it tomorrow?
V: Yeah, I'm sure we can work something out. But hey, I meant to ask you yesterday if you wore a condom when we hooked up.
S: We'll talk about that when I see u tomorrow
V: I need to know for sure because I need to know if I should take the morning after pill.
V: You there?
V: I'm at the store. I need to know if I should be buying the morning after pill.
The remainder of the conversation is between S-1 and Sgt Lombardo.
S: Yes, get the morning after pill
V: Ugghh :( that's not cool
S: Shit just happened V-1.
S: We were just enjoying the moment.
V: I don't even remember anything. I don't know how I couldn't been enjoying anything. My friggin head hurts!
V: Wats your address? I'm gonna have my friend drive me there
S: I won't be home for a while
V: Is there someone that can give me my stuff?
S: I'm going to get you your stuff V-1....I can drop your watch off to u on my way home from work...Where do you want me to bring it
V: I'm just really bothered by all of this. I don't really want to see u right now
S: I don't understand why you're bothered. U chose to stay with me for another day
V: Yeah but you shudve had sex with me after I was knocked out! I cudve died! Are you a 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 shit.
V: I meant that u shud not have had sex. Stupid autocorrect
S: I didn't do anything wrong. Like u told me before u started coming on to me
S: Like I*
V: How can I come on to u if was drunk and woozy from hitting my head? U know better than that
S: Because u did V-1
V: A real gentleman wud know that u don't take advantage of a woman wen they are like that. I thought you were a nice guy. Guess I was wrong
S: Ok so now it seems like you're trying to set me up. Listen u stayed with me all day yesterday so I don't know what the point you're trying to make by saying all this stuff
V: The only point I'm making is that I didn't think it was cool. I'm not trying to set u up. I just have a raging headache and things didn't go the way I wanted them to
S: I felt like we had a real connection and we actually like each other.
V: I don't know. Maybe we need to start over. I just feel like everything is a blur and now I'm tripping on maybe being pregnant.
S: U won't be if you take the pill...it's up to forty eight hours...I meant seventy two
Santa Clara Superior Court media services contributed to this report