Grand jury indicts former 49'er Ray McDonald for rape.

Published August 26, 2015

Associated Press

Sept. 7, 2014: In this file photo, San Francisco 49er's Ray McDonald sits on the bench during the second half of an NFL football game against the Dallas Cowboys in Arlington, Texas. (AP Photo/LM Otero, File)

SAN FRANCISCO –  A Santa Clara County grand jury has indicted former San Francisco 49ers defensive lineman Ray McDonald on one count of rape of an intoxicated person.
The announcement came Wednesday, with the indictment stemming from an incident last Dec. 15 at McDonald's home.
Current 49ers linebacker Ahmad Brooks has also been charged by the Santa Clara County District Attorney's Office with misdemeanor sexual battery for an alleged assault the same day involving the same victim. The case against Brooks also was announced Wednesday.
Messages left for McDonald's attorney and Brooks' agent Wednesday weren't immediately returned.
The 49ers sent Brooks home from Colorado, where they are holding joint practices with the Broncos before playing a preseason game against Denver on Saturday night.
"The organization is aware that a misdemeanor charge has been filed against Ahmad Brooks stemming from a December 2014 matter. We take any charge against a member of this organization seriously and are in communication with the NFL," 49ers general manager Trent Baalke said in a statement released by the team.

In a civil lawsuit filed in May against both men, a woman accused Brooks of groping her while she was unconscious at McDonald's home.
The woman said she slipped and fell on a pool deck at McDonald's house in December 2014 and continued to fall after that due to her initial head injury and alcohol consumption. McDonald initially thought she was dead, but did not call 911, telling others he didn't want a dead female found on his property, according to the suit.
At some point, Brooks groped her before McDonald carried her upstairs to his bedroom and sexually assaulted her, the lawsuit claimed.
McDonald has had previous legal problems.
McDonald was arrested twice in a week in May. One of those was for violating a restraining order by being at a residence in Santa Clara after the restraining order was issued following a domestic violence incident in which he allegedly broke down a bedroom door to get to his former fiancée and their infant.
McDonald was arrested on suspicion of domestic violence and child endangerment, but was free on bail.
The 49ers released him in December citing a "pattern of poor decision-making."
That move came just a month after Santa Clara County prosecutors declined to file charges against McDonald in a separate domestic violence investigation stemming from an arrest on Aug. 31, 2014, while celebrating his 30th birthday at his home. Prosecutors cited conflicting versions of what happened, a lack of verifiable eyewitnesses and a lack of cooperation by the alleged victim, McDonald's fiancée, in explaining their decision.