Court documents detailing sexual assault allegations against former San Francisco 49er Ray McDonald show a woman claims the encounter happened at his home after they drank together at a bar and she injured her head in a fall near the player's swimming pool.
A search warrant unsealed Monday includes a text-message exchange that police set up between the recently released defensive lineman and the alleged victim to discuss the sexual encounter.
The woman says she has no memory of the encounter on Dec. 14. And San Jose Police Officer Sean Pierce told Santa Clara County Superior Court Judge Griffin M.J. Bonini that there was probable cause to believe a "rape by intoxication" occurred before securing the two warrants, served Dec. 16 and 17.
McDonald argues that the sex was consensual. Both of his parents told NBC Bay Area the story is not true and promised that security cameras inside their son's San Jose home will soon paint a different picture.
The former 49er has not been arrested. San Jose police say the case is still under investigation, and as of Monday, no criminal charges have been filed.
Still, the 49ers released McDonald last Wednesday, hours after the sexual investigation came to light, citing the player's "pattern of poor decision-making."
McDonald's father, Ray McDonald Sr., spoke to NBC Bay Area by phone on Monday saying that he flew from his home in Florida to San Jose last week to support his son, whom he said was "doing good. He's enduring it."
McDonald Sr. said he's thankful his son had video surveillance in his home because the images will "make your head spin." He declined to say any more. McDonald Sr. he would not put NBC Bay Area in touch with his son, his son's attorney or his agent.
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Police did confiscate a security camera system from McDonald's home, along with bedding and a white and gold iPhone, the search warrants show. What is on the video has not been made public.
According to the search warrant, the woman said she had been drinking on Dec. 13 at a Willow Den Bar on Lincoln Avenue, and left with some girlfriends, McDonald and 49ers player Aldon Smith, who is on probation after pleading no contest to weapons and DUI charges. She drank two Belvederes and soda at the bar, and later had vodka and cranberry juice at McDonald's home.
It was there that he told her about his past domestic violence situation with his then-pregnant fiancee. Police arrested McDonald after that alleged assault on Aug. 31, but the Santa Clara County District Attorney decided in November there wasn't enough evidence to charge him with a crime.
At some point that night on Dec. 13 or early Dec. 14, the woman also said she she passed at McDonald's home near his pool, and hit her head on the ground.
The woman woke up the next day next to McDonald in bed, and she said she was missing her top. He told her they had sex, which she said she didn't remember.
She went to police, who convinced her to text McDonald, with a sergeant posing as her.
A snippet of that conversation was revealed in the court documents:
"Yes, get the morning after pill," McDonald texted the woman, according to the search warrant.
"Ugghh :( that's not cool," the sergeant, posing as the woman, texted back.
"S--- just happened, (woman's name)," McDonald texted. "We were just enjoying the moment.
"I don't even remember anything. I don't know how I could've been enjoying anything. My friggin head hurts!" the sergeant texted.
Then, in another text the sergeant wrote: "I'm just really bothered by all of this. I don't really want to see you right now."
"I don't understand why you're bothered. U chose to stay with me for another day," McDonald texted.
The sergeant responded: "Yeah but u 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."
"I didn't do anything wrong," McDonald texted. "Like u told me before u started coming on to me."
"How can I come on to u if was drunk and woozy from hitting my head?" the officer texted on behalf of the woman. "U know better than that."
The Associated Press contributed to this report.
