The 49ers have already dealt with Ray McDonald for his part in a new sexual assault investigation.
But now they may have a bigger problem to deal with.
Part of an affidavit outlining allegations against McDonald includes a section in which the victim said she spent the day drinking with McDonald and outside linebacker Aldon Smith.
That’s only a problem as it pertains to Smith’s suspension for a 2013 DUI, for which he’s still on probation.
According to Tracey Kaplan of the San Jose Mercury News, the woman claimed McDonald sexually assaulted her at his home after she passed out by his pool. But she them claimed to have stayed at the house, drinking with Smith and McDonald.
Police have also seized home surveillance cameras and McDonald’s cell phone as part of their investigation.
While the 49ers finally had a moment of clarity and cut McDonald (shortly after being eliminated from the playoffs), they’ve stood firm by Smith throughout a series of transgressions.
There was some dispute at the time of Smith’s reinstatement that he hadn’t fulfilled his counseling requirements.
But if police place him at the scene of a crime drinking, it will put the 49ers in the uncomfortable position of making more excuses for a star after making an example of McDonald.