The police decided not to charge Ray McDonald with domestic violence and when you read the incident report in its entirety it becomes clear why.
Jane Doe and Ray McDonald (“McDonald”) have been dating since July 2013. They became engaged in February 2014. As of late August 2014 they had lived together on and off for 11 months in McDonald’s home in San Jose. No one else was living with them at the time of the incident. Jane Doe was 10 weeks pregnant.
One documented prior incident involves both of these parties. On 5/24/14, McDonald called the police stating Jane Doe had a gun. At the time he denied that she ever pointed it at him or fired it. At the time McDonald said he just wanted her removed from the home. The 49ers Security Director called 911 around the same time. He reported that McDonald had just called him and told him that his (McDonald’s) girlfriend fired a gun. Our office declined to file charges. During the current investigation the 49ers Security Director was asked about the May 24th incident and he said he could not recall McDonald’s statement. During the current investigation McDonald was also asked about the May 24th incident and he changed his story and said Jane Doe did fire a gun into the ground as he drove away from his home that day. Initially Jane Doe denied firing the gun and has not provided any further information about what happened.
On Saturday August 30, 2014, McDonald threw a birthday party for himself at his house. Guests began arriving as early as 3 p.m. Many claimed to have left before midnight but there were enough guests remaining at 1:58 a.m. to generate a noise complaint from a neighbor. Evidence exists to show that before and during the party McDonald became concerned about texts he was receiving from females he met the night before. He called the 49ers Security Director who connected him with Sgt. Sean Pritchard, a sworn peace officer employed by the San Jose Police Department. McDonald told Sgt. Pritchard he was afraid the women would show up at his home and cause problems. At one point he told Sgt. Pritchard he was afraid the women had actually shown up because one of them sent him a text describing what he was wearing. Sgt. Pritchard said he responded to McDonald’s residence two separate times to address this issue. Only McDonald and Sgt. Pritchard appear to have been privy to this issue. The guests who were identified and interviewed and who left prior to the altercation described the party as low key with nothing out of the ordinary occurring.
Sometime between 12:50 a.m. and 2:30 a.m. one of the female guests at the party, an acquaintance of McDonald, headed home. By this time Jane Doe was upstairs sleeping. The guest said she stopped by Jane Doe’s room on her way out to warn her that some women were getting too friendly with McDonald. Jane Doe got dressed and came downstairs to confront the females. She saw a woman talking to McDonald and asked her to step outside, which they did. McDonald became upset that Jane Doe was embarrassing him. McDonald said he became concerned for Jane Doe’s safety because of the aggressive manner in which she was speaking to the other woman and the fact that she was pregnant.
Jane Doe reentered the residence and headed back upstairs. McDonald followed, saying things that upset Jane Doe. Jane Doe said he called her names, indicated that she was an unfit mother, and threatened to take her baby. Both Jane Doe and McDonald agree that Jane Doe struck first. Jane Doe said it was a single push. McDonald said Jane Doe hit him multiple times with a closed fist. (McDonald had no visible injuries or complaints of pain.) McDonald grabbed Jane Doe’s arms to restrain her, resulting in visible injury. At some point they ended up on the couch. Jane Doe said McDonald threw her on the couch. McDonald said they fell on the couch. McDonald tried to remove Jane Doe from the home forcibly. At one point he grabbed her neck, resulting in visible injury. Jane Doe said she was “fighting back,” physically resisting McDonald’s efforts to pull her out of the house. Jane Doe said she tried to push McDonald off of her. Jane Doe was able to free herself. McDonald said he let go. Then Jane Doe ran upstairs. McDonald called Sgt. Pritchard at 2:39 a.m. and said “I need to get this female out of my house.”
Jane Doe called 911 at 2:41 a.m. and said “Hello. I’d like to press for a domestic violence…my fiancé… he’s trying to pull me out of the house …he’s drunk….I think he’s calling the cops, he, he’s trying to get me out.”Responding officers noted that McDonald was calm and cooperative and not too intoxicated to hold a conversation. Jane Doe was crying throughout her interview and seemed to be crying in the 911 call. Later Jane Doe told responding officers that she did not want McDonald arrested; she just wanted him to stop (trying to remove her from the home.) Jane Doe was offered and declined medical attention. Later that morning at 8:47 a.m. Jane Doe sent a text saying “Shit got way outta hand.”
Responding officers arrested McDonald after determining that probable cause existed to believe that McDonald was the dominant aggressor and that his conduct had resulted in visible injury to Jane Doe. McDonald was arrested for felony domestic violence consistent with the Santa Clara County Domestic Violence protocol which has a pro-arrest policy and which requires an arrest whenever “an officer has probable cause to believe that a felony has occurred…irrespective of whether the officer believes the offense may ultimately be prosecuted as a misdemeanor.”
You can read the entire document here.
The police investigation seemed pretty thorough and from reading through the documents I think the right decision was made. McDonald’s fiancee may or may not have shot a gun in his presence in the past, but we know she pulled one out at him. McDonald’s fiancee admits that she struck him first. McDonald called the police himself to have her removed from the house. At minimum they have a volatile relationship that needs some counseling, but the evidence suggestion McDonald’s fiancee is the aggressor in the relationship.