A felony rape charge against former Glades Central and University of Florida star Ray McDonald was dismissed after his accuser refused to testify.
The woman originally said she slipped and fell on a pool deck at McDonald’s San Jose, Calif., home in December 2014. She said she continued to fall because of her head injury and alcohol consumption. She accused McDonald of carrying her upstairs to his bedroom and sexually assaulting her.
But prosecutors said the woman would not testify against him.
“Despite my best efforts to convince the victim to testify, she refused,” Deputy Santa Clara County District Attorney Chris Lamiero said in a statement. “That is her legal right.”
McDonald faced a maximum of eight years in prison.
His former teammate, current San Francisco 49ers linebacker Ahmad Brooks, still faces sexual battery in a case involving the same woman at the same party, according to Reuters. McDonald also faces an unrelated misdemeanor charge of violating a restraining order in a separate domestic-violence case.
McDonald started for the Glades Central team that won the Class 3A state championship. He went on to help the Gators win the 2007 BCS National Championship over Ohio State, recording three tackles in the victory.
The 49ers selected McDonald in the third round (97th overall) of the 2007 NFL Draft. He played eight seasons in San Francisco, recording 19.5 sacks, four forced fumbles and an interception.
The 49ers released him in December 2014 after the San Jose Police Department announced he was being investigated for a possible sexual assault.
The Chicago Bears signed him to a one-year contract in March 2015 but released him two months later following an arrest for suspicion of domestic violence and child endangerment.