San Francisco 49ers need to do the right thing and release Reuben Foster

(Photo by Ezra Shaw/Getty Images)
(Photo by Ezra Shaw/Getty Images) /
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The San Francisco 49ers have a big problem on their hands – a problem that will only get worse if they don’t step up and do the right thing.

San Francisco 49ers linebacker Reuben Foster was formally charged with three felonies and a misdemeanor by the Santa Clara County DA’s office from a domestic violence incident that occurred in February – his second arrest inside a month.

Foster’s situation has left 49ers GM John Lynch and HC Kyle Shanahan in a bit of a moral quandary – tap dance around the issue and hope it goes away, or bite the bullet and do the right thing by releasing Reuben Foster.

They should absolutely and unequivocally do the latter.

In a statement outlining the felony domestic violence charges against him, Santa Clara County Deputy DA Kevin Smith said Foster faces allegations that he, “inflicted great bodily injury, a charge of forcefully attempting to prevent a victim from reporting a crime, and possession of an assault weapon, all three of which are felonies. In addition, he was charged with misdemeanor possession of a large capacity magazine.”

The victim, reportedly Foster’s former 28-year old live-in girlfriend, stated in a police report that he, “dragged her by her hair, physically threw her out of the house, and punched her in the head eight to ten times.”

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Her injuries reportedly included multiple cuts and bruises, as well as a ruptured eardrum.

If true, it’s a horrific and tragic situation all the way around – and a situation that compels the 49ers to take action. If they don’t, they risk losing any moral high ground they have, and becoming an organization that says one thing, but does another, based upon the talent level of the players involved.

Whether they intended to or not – and both say they had no intention of sending a message – Lynch and Shanahan have already set the precedent for how the organization deals with those charged with domestic violence.

Before the 2017 offseason began, cornerback Tramaine Brock – a seven-year veteran, though not a superstar by any means – was arrested in a domestic violence incident with the mother of his children.

An incident that reportedly, left the woman with no visible injuries.

Lynch and Shanahan, “gathered all the facts,” and cut Brock about four hours after his arrest.

Ultimately, the case against Brock was dismissed, citing a “lack of evidence,” and the NFL , in an independent investigation, cleared Brock of any wrongdoing or violation of the league’s personal conduct policy earlier this year.

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At the time Foster was arrested on suspicion of domestic violence, Lynch was asked specifically about his status and what impact (if any) Brock’s situation would play in determining the path forward and whether or not he was “sending a message” to his team.

Lynch responded by saying:

"“No. I would never say, you’re dealing with people’s lives, so I’d never want to use a situation as sending a message. It’s just us trying to do the right thing, whatever that is. I think each situation’s different and you’ve got to look into every situation, gather all the information that you can. When you do, you try as hard as you can to make the right decision and I think that’s what I felt we did.”"

What Lynch is saying is that, after “gathering all the information” he could in those four hours between Brock’s arrest and his subsequent release from the team, they determined the right decision for the team was to send him the veteran cornerback packing.

Despite the fact that the charges against him were dropped and he was later cleared by the league.

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In Foster’s case, they’ve already squatted on him for the past couple of months, supposedly “gathering information,” before determining the best decision they can make for the franchise. Uh huh.

In Brock’s case, the woman was left with no visible injuries. In Foster’s case, there are not only more charges, but more serious charges that include visible, bodily injuries. And oh yeah, an illegal assault weapon and high capacity magazine.

The difference between Brock and Foster? Brock was a marginal player. A serviceable complementary player, at best, who’d already reached his ceiling. Foster is still young, ferocious, and has a ton of upside to his game.

See the difference? See how each situation is “different and unique,” according to Lynch?

And for those who are on their “due process,” soapboxes, go ahead and climb on down. Nobody is saying to toss Foster in prison and throw away the key without a trial. He’s entitled to his day in court. That is his absolute right as an American citizen. Due process and the rule of law are king.

What he’s not entitled to though, and what is not a right, is playing in the National Football League, regardless of how much talent he has. It’s a privilege, not a right, and some people seem to forget that.

In his statement to the press, Deputy DA Kevin Smith wrote, “Our focus is on holding accountable those who hurt their intimate partners.”

The 49ers should prove they too uphold that commitment and will hold their players accountable – regardless of age or talent – by immediately cutting ties with Foster.