the documents have a cell phone number listed for ray mcdonald.ktvu channel 2 news called that number today and a man answered. he told ktvu channel 2 news he appreciated the call but he couldn't say anything and hung up. ray mcdonald's mother said she was flying flying to san jose from florida to be with her son. >>> volunteers are busy in san francisco. >> today is day three of the five day donation drive. people wanting to donate can drive up and volunteers will take the items out of your car. st. anthonys is trying to collect 500 hams by christmas. what is not used will help the poor and the homeless. >> once it the do-- the donation comes in we will plan ways to use them throughout the winter months. >> each guest will receive a red gift bag filled with high gene items and a scarf. >>> in san jose, they opened their doors to parents who can't afford to buy parents this year. some parents waited in line over night. they collect toys and donations for 5800 children. they have enough toys for today but needs 3,000 toys to serve the families who

the 49ers turninate ray mcdonald, the -- terminate ray mcdonald. >> drunk, this man broke into the wrong up getting shot. where he thought he was. >> and an unusual contest, how the lottery scratcher, a selfie and an essay could get you a table at one of the most sought out restaurants in the world. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00 p.m. >> the 49ers cut san francisco 49ers defensive tackle ray mcdonald, the team decides release him after accusation against him surface. jewel -- >>> i am julie haener. >> and i am frank somerville. >> ktvu's ann rubin is at levi stadium with more on why the team decided to release ray mcdonald. >> reporter: the 49ers found out about the allegations about 10:45 a.m. this morning. the gm called to fire ray mcdonald an hour later. he said this was the last straw. for neighbors it seemed like deja vu. police and media converged in front of ray mcdonald's house. >> i know nothing about the man other than the fact he plays for the 49ers and -- and he is behaving badly. >> reporter: weeks after police wrappe

for the second time in less than a year, ray mcdonald is facing serious questions from san jose police. now the niners stood by mcdonald during a previous arrest and investigation, but today gm trent ballky said the team had had enough. back in august and september, due process is a term the 49ers frequently used when defending their decision to keep ray mcdonald on the field during a domestic violence investigation. today after learning of a sexual assault investigation the team said its patience has worn thing. >> this organization has a strong belief in due process and has and has demonstrated that over time. ray's demonstrated a pattern of poor decision-making that has led to multiple distractions for this organization and this football team that really can no longer be tolerated. >> reporter: police aren't saying much. but sources tell me the alleged victim in this latest case is not mcdonald's fiance. we're told officers were called to a local hospital yesterday. when they arrived they say a woman claimed mcdonald had sexually assaulted her in his home on monday. last night polic

the team sacked ray mcdonald after he is accused of rape. his mom talks to us about her good christian son. there's a legacy at raley's about having the best meat and the best produce. it's my job to start a new legacy, the best wine beer and spirits. we travel all over california and the world to find all sorts of new craft spirits, craft beers, small production wines. ♪ brews from mendocino, and the finest wines from around the world. at raley's, we're really into craft, so we enjoy and are excited about carrying those products in the store. ♪ share your ideas, tell us on facebook. he was shot in the leg afte mistakenly stumbled into a >> tonight, a man is nursing a pretty bad hangover and a hole in his leg after he was shot when he mistakenly stumbled into a stranger's house while drunk. police say it happened at 4:00 this morning. the 24-year-old broke into an elderly couple's home looking for his exgirlfriend. when he refused to leave, the homeowner fearing for his life shot him. >> he said why are you keeping me out? my dad yelled you

the gm called to fire ray mcdonald an hour later. he said this was the last straw. for neighbors it seemed like deja vu. police and media converged in front of ray mcdonald's house. >> i know nothing about the man other than the fact he plays for the 49ers and -- and he is behaving badly. >> reporter: weeks after police wrapped up an vection a new allegation -- investigation, a new algage. a woman -- allegation, a woman is accusing him of sexual assault. >> felt like there may be information that may be crucial the investigation -- crucial to the investigation. . >> reporter: they haven't interviewed him yet but the 49ers say they aren't waiting to determine innocence or guilt. >> over time ray has demonstrated a pattern of poor decision making that has led to multiple distractions for the organization and this football team that can no longer be tolerated. >> players respect the decision made. >> this is a organization, a franchise, you want to have a high standard and we do around here. we have to abide by that. >> you know, go with what the owner says. it is his

the 49ers say they are done dealing with ray mcdonald.s now at the center of a sexual assault investigation. police searched mcdonald's house in san jose, the same home where he was accused of an assault in august but not charged. that's where abc 7 news reporter vic lee joins us tonight. >> reporter: well, the 49ers front office simply said enough is enough and they cut mcdonald. they said this is not about due process, this is about accountability for one's actions. mcdonald has not been charged or arrested. let's make that clear. this is simply an investigation that's automatically triggered any time there has been an accusation of sexual assault. >> we as an organization have notified him and his agent that he will be terminated, released immediately, effective immediately. >> reporter: 49er general manager trent balke said he was disappointed at mcdonald's behavior off the field, this after an accusation of sexual assault. a woman told police she was at mcdonald's san jose home monday. a local hospital called police tuesday to report

cell phone to contact ray mcdonald. then the conversation police had with ray mcdonald. he writes just happened. we were just enjoying the moment. later on he wrote i don't understand why you are bothered. you chose to stay with me for another day. i felt like we had a connection and we like each other. the victim hung out with ray mcdonald the next day and went to the store with him to buy more alcohol. >> she may have consented. the question is, was she too impaired to give consent. >> reporter: he says these cases are difficult to prosecute. it will come down to how drunk was she and did ray mcdonald know she was intoxicated. aldon smith was at ray mcdonald's house with the victim. he may have to testify if it goes to court. >> she someone the police are going to want to talk to, find out what he knows about what ray mcdonald knows. >> reporter: we reached out to ray mcdonald and i spoke to a man claiming he was ray, he told me he could not comment on the case and hung up. ray's mother said she is flying here from florida to be with her son during this time. back to y

ray mcdonald's mom lives in florida and she came to her son's defense. says she raised a good christian boy and he would never hit a woman. ray mcdonald wasn't talking tonight as he got out of his new bentley and walked into his home. but the niners general manager was. >> ray has demonstrated a pattern of poor decision making that has led to multiple distractions for this organization and this football team that really can no longer be tolerated. >> reporter: mcdonald has yet to be arrested or charged. his mother says surveillance cameras at his home will show the truth. that nothing illegal happened. colin kaepernick said he hopes this is just a misunderstanding. >> in that situation, not one you want to hear about. >> reporter: today, several people stopped by his house on bentley ridge drive including a man who identified himself as his driver, mohammed. >> he is a wonderful man. he is a kind man. a gentleman. and he has a good christian house. that's all i can tell you. >> reporter: four months ago, san jose police arrested mcdonald for domestic vio

>>> we're expecting to hear from jim harbaugh, a day after a team releasing defensive lineman ray mcdonald as mcdonald's mother speaks out about the situation. >>> the u.s. government is saying north korea is behind the cyber attacks on sony as the company cancels the release of the latest movie. the millions of dollars the cancellation is expected to cost. >>> good afternoon. i'm tori campbell. people who are closely involved with our justice system are now joining in a controversial demonstrations and adding their voices to the call that black lives matter. sal castanedo joins us live from san francisco where attorneys from the public defenders' office are gathering right now. see see them behind -- we see them behind you. >> reporter: these are members of the san francisco public defenders' office and i recognize people who made it across the bay from the alameda county public defenders' office. they are on the steps of the hall of justice part of a bay area protest after two grand juries did not indict two police officers in the death of two unarmed black men. the men who died, michael

assaulted on monday by ray mcdonald at his home. last night police served a search warrant at the mcdonald home. no word on whether anything was found, but so far no one has been arrested or charged in the case. >> this organization has a strong belief in due process and has and has demonstrated that over time. ray's demonstrated a pattern of poor decision-making that has led to multiple distractions for this organization and this football team that really can no longer be tolerated. >> reporter: you may remember the d.a. declined to charge mcdonald after his fiancee accused him of domestic violence earlier this year. in that case team executives stood by mcdonald, refusing to keep him off the field, a much different tone than today. players said they were shocked by the allegations, but understand the team's decision today. >> this is a organization, it's a franchise. you want to have a high standard and we do around here. you have to be able to abide by that. >> reporter: san jose police say they are still gathering evidence relat

>> tori, san jose police say the suspect in this case is ray mcdonald himself. detectives served a search warrant at his home in silver creek yesterday. we say the -- they say the alleged victim was being treated at a hospital. the woman said she was possibly asoughted the day before. ray mcdonald was arrested in san jose over labor day weekend on suspicion of felony domestic violence against his pregnant fiance. prosecutors declined to file charges in that case. the district attorney said there was not enough evidence to prove a crime occurred. san jose police say no arrests have been made in this current case. the investigation is ongoing. no reaction from the 49ers but an nfl spokesman said the league is looking into the matter. we'll continue to work this story throughout the day and you can get updates on twitter and facebook. >>> we are still on stormwatch as the rain continues to fall around parts of the bay area. let's go to steve paulson tracking this system. >> not a big system coming in later this afternoon tonight, tonight. but with the air and groun

ray mcdonald who made his final play as a 49er and jim harbaugh says firing him was the right call. >> the circumstances dictated the decision. >> reporter: the circumstances that san jose police are now investigating ray mcdonald's involvement in a possible sexual assault. they served a search warrant on tuesday. the team stuck by him during previous run ins with the law. include an arrest -- including an arrest but this time is different. >> a lot of different situations. this was the decision by the organization. they have the right to employ who they want toemploy -- to employ. >> reporter: they said he has shown a pattern of poor decision making. they cleared out his locker and moved mike purcell on to the roster. >> he is ready to go. >> reporter: he will be stepping up to fill his shoes. >> tough to see a brother being in a situation like the situation he is in. >> reporter: san jose police are not saying how long it might take owrap up the -- to wrap up the investigation. >> all right. thank you very much. >>> a 26-year-old parolee is back behind bars on charges he sexually as

the team released defensive lineman ray mcdonald after learning that a woman reporting about sexuallyaulted on monday at mcdonald's home in san jose. this of course comes just one month after prosecutors decided that ray mcdonald would not face domestic violence charges. ktvu's as myth smith is live. >> reporter: some say it's because of the nfl's new emphasis on personal conduct. even if this is a big misunderstanding, it's a predictment mcdonald shouldn't be in again. the 49ers wasted no time cutting ties with mcdonald after a reported sexual assault this week. >> ray has demonstrated a pattern of poor decision making, that has led to multiple distractions for this organization, and this football team that really can no longer be tolerated. >> reporter: san jose police say they received a call tuesday from a hospital, where a woman, claims she had been sexually assaulted and mcdonald was a suspect. >> perhaps the 49ers know something more. perhaps they know more about this sexual assault encounter, and they are saying look, we want to get rid of ray mcdonald sooner rather than later

>> reporter: we know that she is not ray ray mcdonald's fiance. she filed the police report from her hospital room and that her medical records will become a part of the investigation. >> ann rubin, outside levi stadium, thank you. >>> a break in the rain today but still clouds are moving back in and rain is on its way again. live pictures in san francisco. you see the bridge in front of us and the tower on the left hand side of the screen. our meteorologist mark tamayo joins us now. >> a break in the rainfall today. we have been talking about three storms. the first moved in monday. second one tuesday, wednesday. the third one moves in friday morning. has been a very active december 2014 for the bay area. look at the numbers. adding up. rainfall for this month, san francisco 10 inches. san jose 7.45. the numbers are adding up. we will add more rain to the totals over the next 24 hours. you can see right now the cold front approaching northern california, so far we have the clouds, santa rosa during the 3:00 p.m. hour, light rainfall. you can see

ray mcdonald has not been arrested or charged in this case. these are allegations identified by police as being potentially the suspect of a sexual assault that occurred this week at his home here in the east foothills. for now that's the latest from levi's stadium, damian trujillo, nbc bay area news. >> all right. thank you, damian. >>> and we have just talked with ray mcdonald's mother over the phone. she says she doesn't know anything yet, but says there's no truth to it all. stay with us for continuing coverage on the story. we'll have an update tonight at 5:00. >>> so back to our other top story, the rain. we'll take you outside with a live look at san rafael, dublin, san francisco, and san jose. meteorologist christina loren, this one is just getting started. >> it is. you know what, we actually had some sunshine out there for part of the day. let me kind of show you that, take you back a few hours. at this point, the sky is gray all across the board. this is sunol, but we did have two to three hours of sun, more on the way tomorrow. but

this investigation comes just four months following an investigation on mcdonald for domestic assault. >> ray'sted a pattern of poor decision-making that, um, has led to multiple distractions for this organization and this football team that really can no longer be top rated. >> mcdonald was the third longest tenured member of the 49ers behind only frank gore and joe staley. san francisco will not have to pay him the $6 million due in 2015 but mcdonald's release was not a huge surprise to his now former teammates. >> we had that meeting with the whole staff a couple weeks ago and i feel like jed made it pretty clear on how he feels about everything. and, um, and, you know, that's -- got to, you know, go with what the owner says. it's his team, obviously. and everyone knows what's right and wrong. >> now, meanwhile, jim harbaugh stays with the 49ers could also be numbered but for much different reasons. nfl.com is reported that michigan has made a 6-year $48 million offer that would make harbaugh the highest paid coach in college football. he is said to be considering that. stay tuned, this will

ray mcdonald. d after allegations of a possible sexual assault involving mcdonald prompted a police investigation. unlike his previous troubles. with alleged domestic violence. and the ten-week investigation that followed. 49ers management this time schochose not to give him due process of the law acting quickly. >> it's tough. i mean, he is a good friend to a lot of people on this team. no one ever -- no one around him ever thought bad about hip. always a good person. to everyone around here. so, hopefully, just, a good time. >> jim harbaugh's departure, seems imminent from this point. next destination is a big question mark. according to the nfl network. ian rap port. the alma mater, university of michigan offered a six-year, $48 million deal to coach big blue. giants fan favorite. sergio romeo. returning, two year deal with orange and black. $15 million over the last three seasons. romo. 75 saves. 2.69 e.r.a. and finally, could former warriors coach, mark jackson, end up on the other end of the i

the night of december 13th, the woman claims the sexual assault happened here, at ray mcdonald's homeshe met him earlier at the willow den bar where she was drinking with friends. she ended up at mcdonald's home where they continued drinking. the last thing she says she remembers is falling by his pool and hitting her head on the ground. the next morning, she says she woke up naked in his bed. the woman told police mcdonald said he just let her sleep in his bed because she was tired. later that day, she says 49er linebacker aldon smith showed up at the house and the three of them began drinking. that's when she says mcdonald told her they did have sex. the next day, the woman went to the hospital, where police interviewed her. an investigator got her permission to send a text message to mcdonald from her phone as if she were texting him. legal analyst steve clark says it's a common investigative tool. >> they try to get a suspect to start talking about the allegation even if they don't admit it, are they lying about little things. >> reporter: the in the text conversation, mcdonald sa

and now.as fallout from the ray mcdonald sexual assault >> reporter:could linebacker aldon smith be headinger:according to a search warrant affidavit released by the courts today.smith was drinking with mcdonald the night of the alleged assault.which would be in direct violation of his probation on weapons and dui charges.in which smith was prohibited from drinking alcohol or going to a liquor store. >> reporter:if found to be true smith could be headed to jail for an undetermined amount of time. >> reporter:as for coach harbaugh and his future. he was asked about the michigan rumors today >> reporter:looks like the niners will catch a break when they host arizona in the season finale sunday. that's because the cardinals are down to their 4th string quarterback. >> reporter:in fact we had to go back to college to find highlights of rookie logan thomas who has all of nine pass attempts in his nfl career. >> reporter:and just one completion.which did go for a touchdown by the way. >> reporter:so finally some good news for the niners.who need a win to avoid finishing the season with a losing r

the 9ers cut ties with veteran ray mcdonald.he team says this time, he will get no second chance. >> some good news. american spending less money at the pump. how much a new report says you will save on gas in the new year. ,,,,,, you used to sleep like a champ. then boom... what happened? stress, fun, bad habits, kids, now what? let's build a new, smarter bed using the dualair chambers to sense your movement, heartbeat, breathing. introducing the sleep number bed with sleepiq™ technology. it tracks your sleep and tells you how to adjust for a good, better and an awesome night. the difference? try adjusting up or down you'll know cuz sleep iq™ tells you. give the gift of amazing sleep, only at a sleep number store. find our best buy rated c2 queen mattress with sleepiq. these guys should've gone to my place, cuz right now, i have two breakfast croissants for just four bucks. they're both made with a freshly cracked egg and melting cheese on a buttery, flaky croissant. try the supreme with bacon and ham, or the sausage. they'll f

>>mark: revenue dollars all the job after sexual assault allegations--ray mcdonald.he states are saying on for the bay bridge will explain female announcer: get three years interest-free financing on brand name mattress sets. plus, get free delivery, and sleep train's 100-day low price guarantee. sleep train's interest free for 3 event ends sunday. ♪ your ticket to a better night's sleep ♪ >>darya: and race across treetops the almost impossible to contain the rain fire was the largest fire ever recorded hemisphere nevada >>mark: is still a mystery how he was injured >> james: laws of war but with all the way we have this band of rain has storm no. 3 for the week was about when is expected in the bay area stick around will be right back. we g thiwhene gopepp.did helpiu no, 's aat. thimine at o's f ali. bushe esn'knowt ye why t? mom ys s's stilcookg. capte yo memies th llma keeakesrnamts. >>darya: is finally stopped raining not for that long. >> james: today is the day is today to catch your breath in the back on your feet teresa could house where a single by sellers o

as betty yu tells us this was the final straw. >>> reporter: ray mcdonald wasn't talking tonight as he got out of his new bentley and walked into his silver creek home. but the 9ers general manager was. >> ray's demonstrated a pattern of poor decision-making that, um, has led to multiple distractions for this organization and this football team that really can no longer be tolerated. >> reporter: mcdonald has yet to be arrested or charged. his mother said surveillance cameras at his home will show the truth that nothing illegal happened. colin kaepernick said he hopes this is just a misunderstanding. >> not a situation, um, you want to hear about, uhm very unfortunate. >> reporter: today several people stopped by his house on bently ridge drive including a man who identified himself as his driver muhammad. >> he is a wonderful man, he is a kind man, a gentleman and he brought good christian house that's all i can tell you. >> reporter: four months ago, san jose police arrested mcdonald for domestic violence against his pregnant girlfriend but the d.a. said there wasn't enough evidence

cesar ---vuelve a estar en problemas con la justicia el jugador estrella de los 49er ray mcdonald...on nos tiene mas sobre las serias acusaciones contra el futbolista... angel... take lot ;01 ;06 ;53 pkg --el defensivo de los 49ers de san francisco, "ray mcdonalds" fue despedido hoy de la institucion... --el jugador es investigado en estos momentos por una acusacion de abuso sexual. vo --precisamente las autoridades de san jose, recibieron una denuncia ayer de una mujer que posiblemente habria sido victima de agresion sexual y se encontraba hospitalizada. --las declaraciones dadas por la mujer, indicaban que habria sido violada el pasado lunes y la investigacion pone como principal sospechoso de este hecho a mcdonald. --la policia de san jose aun no ha confirmado ningun arresto, pero si ha registrado la vivienda del jugador. --hoy los 49ers dieron a conocer por medio de un comunicado, el despido de mcdonald, segun ellos, por las malas decisiones que ha tomado el jugador y que dicen, no estan dispuestos a tolerar. --el defensivo de los 49ers de san francisco, "ray mcdonalds" fue despe

allegedly kurd, any clothing, obviously the cell phone and perhaps surveillance information at ray mcdonald's house to show she was there. >> it is important to know mcdonald has not been arrested or charged in this case. >> yet this is another gut check for a team that's seen its share of turmoil this season. now quarterback colin kaepernick is really tough on teammates. >> it's tough. he was a guide friend to a lot of people on this team. no one around him ever thought bad of him. he was always a good person to everyone around here. hopefully it's just a misunderstanding. >> we'll see what happens if it is adjudicated in court. some believe the prospect of another lengthy investigation may have been one factor in the 49ers' decision to let mcdonald go. adding uncertainty to the niners decision, manager jim harbaugh has one foot out the door right now. it's reported that his alma mater, the university of michigan, has already made him an offer, $8 million per year, making him the highest page coach if he were to accept it. but harbaugh said he wants to stay in the nfl and is rumored as a pos

new court documents in the ray mcdonald sexual assault investigation detail what the alleged victim saysppened on the night in question. the woman said that she and mcdonald had been drinking at the willow den bar in san jose and later went to a party at mcdonald's home. the woman says she fell and hit her head by the pool and was knocked unconscious and that the next thing she remembers is waking up nude in mcdonald's bed. the alleged victim says she doesn't remember the incident but mcdonald says he has video to prove that the woman initiated the sexual encounter. >> it's not going to be ray mcdonald saying he didn't have sex but it was consensual sex. but if she wasn't capable of giving consensual sex, it can still be rape under california law. >> ray mcdonald was recently the subject of a domestic violence investigation but was not charged in that case. the 49ers released mcdonald last week. >>> more details now. the victim also says the day after the alleged assault she went drinking with mcdonald and embattled 49ers player aldon smith, who's currently on probation and not allowed t

once the 49ers learned of this sexual assault claim they dropped ray mcdonald from the team. ktvu's sports director mark ibanez is here with more. >> reporter: it's one of those situations where you think the 49ers may not have another issue to discuss it always seems to happen. there's a warren z. vaughn song called bring money, guns and -- he was included in this latest controversy with regard to ray mcdonald because he said he was there and it was indicated by the alleged victim that he possibly was drinking with ray mcdonald and her on the night in question. here's what alden smith had to say about that from the 49ers locker room today. >> as far as this is concerned i was over at ray's house for close to an hour. i didn't drink one thing. and as far as it goes relating to that, i have nothing else to say that's not my issue or my problem. >> what did you do later on? >> i spent time with my son. >> all right, and i happen to hear a radio interview with his agent doug hendrickson. he said he's actually allowed to have a drink but he is tested for sobriety on a regular bas

find out what he knows about what ray mcdonald knows. >> reporter: we reached out to ray mcdonald and i spoke to a man claiming he was ray over the phone. he told me he could not comment on this case and he hung up. mcdonald's mother told me she was flying here to be with her son during this time. azenith smith, ktvu news. >>> an armed robbery in oakland left some photographers without equipment and a bride and groom without any photos of their special day. the incident happened around 4:30 on saturday during a photo session at oakland high school where the newlyweds first met. police say the photographers had just wrapped up the shoot when three men approached and took everything at gunpoint. that included all the pictures from the wedding. a mom and her daughter noticed the photo session a few hours earlier. >> they were doing a photo shoot right on park boulevard in front of all the graffiti. >> they were in their wedding dress and two or three little girls wearing red dresses. >> police say the stolen equipment is worth about $13,000. of course the pictures are irreplaceable. ther

she said ray mcdonald ended up admitting to having sex to her.ontacted police and gave the police her cell phone. in a series of text message, ray mcdonald wrote, i don't understand why you are bothered. you chose to stay with me for another day. i didn't do anything wrong. i felt line we had a real connection and like each other. the victim admits she did stay with mcdonald and went to the store to buy alcohol. legal analysts say these cases can be hard to prosecute. >> she may have consented but the question is was she too embarrassed to lawfully give consent? >> legal analysts say the case will understand to how drunk the woman was around whether or not mcdonald knew she was indocuments tate -- intoxicated. >>> coming up at 7: 30 the reason the spirit of giving may be lacking this holiday season. >>> there will be more victims. >> the attacks that prompted officers to shoot and kill two dogs in the east bay. >>> >>> welcome back. 7:14. police in san leandro shot and killed two dogs. police say two unlearned pit bulls first attacked a dogger an

. >> reporter: ray mcdonald was at his home all afternoon with occasional visitors coming by. one who did not identify himself said mcdonald was not going to make a statement at this time. mcdonald was told by phone he had been let go. >> we as an organization have notified him and his agent that he will be terminated, released immediately, effective immediately. >> reporter: 49er general manager trent baalke said he was disappointed at ray mcdonald's behavior off the field. this after an accusation of sexual assault. a woman told police she was at mcdonald's san jose home pond monday. a local hospital called tuesday to say person may be a victim of sexual assault. she told them she was possibly sexually assaulted. police armed with a search warrant went to mcdonald's home last night. legal analyst steve clark. >> they want to seize any bedding or clothing that may have a dna transfer to show that a sexual encounter occurred. they're also going to need to establish whether this was a consensual encounter if it occurred. >> reporter: this is the second time in four months that m

the first time he got into trouble, the 49ers stood by ray mcdonald for months. t took less than one hour before mcdonald was cut. the eight-year veteran released after san jose police announced they were investigating a possible sexual assault involving the lineman. they addressed them about their con p duct -- their conduct off the field. >> not angry. i understand the situation. i understand why the team did what they did. outside of that, it is really not my business. >> we had that meeting with the whole staff a couple weeks ago, and i feel like he made it clear how he feels about everything. everyone knows what is right and wrong. >> if and when jim harbaugh leaves the 49ers, the university of michigan is ready with cash in hand. the wolverines have reportedly of on erred harbaugh a six-year $48 million to $49 million contract that would make him the highest paid coach in the country. harbaugh is expected to seek another job in the nfl. >>> the warriors' owner courtside at maples pavilion and enjoying the cardinal and loyola marimount. stanford comes back an

sex. >> court documents reveal more details on sexual assault allegations against former 49er ray mcdonaldcuser told police she was attacked after she fell and hit her head at mcdonald's home. she said she woke up the next morning naked in mcdonald's bed. >>> until these funerals are passed let's focus just on the families. >> protests are expected to continue today over police violent despite calls from new york city's mayor to pause demonstrations. his request comes after a mentally disturbed man shot and killed two nypd officers. >> i punched the pit bull as many times as i could. >> police are looking for the owner of two abandoned pit bulls who attacked a man and his dogs in san leandro. it happened sunday near the san leandro marina. from across the bay to around the world, the stairs that motte -- stories that matter on kpix 5 news this morning. >> throwing it down. >> what a nice play. >>> good morning, i'm michelle griego. >> hi everyone, i'm frank mallicoat. it is 6:00. >>> a bay area family who lost a loved one to a listeria outbreak blames her death on a caramel apple. kpix 5's

the first time he got into trouble, the 49ers stood by ray mcdonald for months. this time it took less than one hour before mcdonald was cut. the eight-year veteran released after san jose police announced they were investigating a possible sexual assault involving the lineman. they addressed them about their con p duct -- their conduct off the field. >> not angry. i understand the situation. i understand why the team did what they did. outside of that, it is really not my business. >> we had that meeting with the whole staff a couple weeks ago, and i feel like he made it clear how he feels about everything. everyone knows what is right and wrong. >> if and when jim harbaugh leaves the 49ers, the university of michigan is ready with cash in hand. the wolverines have reportedly of on erred harbaugh a six-year $48 million to $49 million contract that would make him the highest paid coach in the country. harbaugh is expected to seek another job in the nfl. >>> the warriors' owner courtside at maples pavilion and enjoying the cardinal and loyola marimount. stanford co

. >>> court documents detail the sexual assault allegations against former san francisco 49ers ray mcdonald. according to the court papers the accuser told police she fell and hit her head at his home in san jose. she had no memory of the rest of the night and them woke up the next morning naked in mcdonald's bed. police say they later sent a text message to mcdonald pretending to be the accuser complaining about the encounters. mcdonald's reportedly responded i don't understand why you're bothered. you chose to stay with me another day. >> it looks a little bit sleazy. it looks like the prosecution or the police department is overreaching a little bit. but they did get the admission from him in that text that there was sex. >> mcdonald has not been charged with a crime but the investigation continues. >>> well, jim harbaugh isn't saying much about reports he'll be out as the niners head coach. his alma mater the university of michigan is rumored to have offered around $50 million to harbaugh to coach them. the coach said his focus though is on the season finale and he's going to make sure

and at least that's where alden smith is today as he was implicated by ray mcdonalds accuser in the sexual assault case. but implicated only to say that smith was drinking with them. something that smith denied vehemently today. he did admit he was briefly with mcdonald and the alleged victim on the evening in question, though. as he was speaking with the media earlier today. >> as far as it's concerned i was over at ray's house for close to an hour. i didn't drink one thing as far as it goes relating to that i have nothing else to say that's not my issue or my problem. >> what did you do later that -- >> i spent time with my son. >> there you go. and we get to talk about some real sports now. and what a night it is for the stanford cardinal basketball team. a game just complete as they beat one of the nation's best. number nine texas. stanford going at it with jonathan jones in the final moments. in fact, last 25 seconds he hits that clutch jumper against texas to help send the game into overtime. johnny dawkins and company will take a one point lead into the final moments and jason randa

ray mcdonald says it was consensual. the alleged victim says she did not remember the encounter.and did not agree to sex. >> grant:new documents released in the mcdonald sexual assault investigation paint different pictures of what happened one week ago at mcdonald's san jose home. >> grant:according to the search warrant. mcdonald met the alleged victim at a san jose bar last sunday night. >> grant:after a night of drinking the two.along with other freinds. went to mcdonald's home.where the woman says she fell and hit her head near his pool. >> grant:she says she woke up the next day in mcdonald's bed. only after several inquiries about what happened did mcdoanld admit to having sex, according to the documents. >> grant:the woman indicated she had additional drinks on monday with mcdonald.and niners star aldon smith.who's on probation for dui and weapons posession. >> grant:the police were called after she was hospitalized the last tuesday. >> catherine: two officers dead, a mayor under siege. >> catherine: the legacy o

taking any action. >> ray mcdonald was my decision to not do anything. the biggest thing is accountability. when you let accountability slip, you let what happened happen. i think we need to make sure our players are held accountable. >> the boss says the players, coaches, and the whole 49er organization will be held accountable for their own actions. he talked a lot today about winning and doing it with class. a new coach will play a big role in all that. >> vern glenn is looking at what is next after coach harbaugh's exit. >> i had my popcorn ready to get the meat of what happened, and i didn't get it. but the 49ers ceo jed york has not spoken publicly about the team since the tweet on thanksgiving. today, he tried to explain why he parted ways with jim harbaugh. >> we've had philosophical discussions, and when we sat down, we just couldn't come to a place where we not moving together was the best for either party. it was not saying jim, you are fired, not here any more. it was not jim saying i don't want to be there and i'm leaving. it was a discussio

and with the latest ray mcdonald case, will which means it's timeson for the volkswagen sign-then-drive event. for practically just your signature, you could drive home for the holidays in a german-engineered volkswagen. like the sporty, advanced new jetta... and the 2015 motor trend car of the year all-new golf. if you're wishing for a new volkswagen this season... just about all you need is a finely tuned... pen. get zero due at signing, zero down, zero deposit, and zero first month's payment on select new volkswagen models. today and he received birthday greetings from the university of michigan. the wolverines tweeting out this picture, doing all they can to convince harbaugh that after his expected departure from the niners next week he takes the offer from the wolverines. the niners' linebacker responded to a report he was drinking at the home of former teammate ray mcdonald. thatten foe was contained in a police report following a possible sexual assault case involving macdonald. smith is not allowed to drink. that would be a violation of his probation and today he denied having

cecilia vega, abc news, los angeles. >>> veteran defensive lineman ray mcdonald is no longer a membere he's now the subject of a sexual assault investigation. mcdonald was let go by the team yesterday. the niners saying his pattern of poor decision making forced them to terminate his contract. police are investigating after a woman was treated at a hospital claiming she was possibly assaulted at mcdonald's home. over the summer, mcdonald was arrested when his pregnant fiancee accused him of physical abuse. no charges were filed in that case. >>> new details and stunning new video from the dallas-bound jet that hit severe turbulence and had to make an emergency landing in japan. the passengers finally made it to the u.s. bringing disturbing stories. abc's david kerley has details. >> reporter: it's a frightening free-fall. it sounds like a roller coaster ride, but these are screams and cries of terror. the pictures of the severe turbulence slamming that american airlines 777 that took off from seoul. listen to the passenger taking video talk about his family. >> dear lord, please let u

detective answered yes but you shouldn't have had sex with me after i was knocked out. >> ray mcdonald to be convicted of this has to know that the accuser was so impaired that she was not capable of giving consent. fight mcdonald accuser says he admitted to having sex with her the next day after she woke up naked in the bed. police are still investigating. >> more flooding in the bay area today and it didn't involve the rain this time. unusually high tide known as king tide the flooded low lying area today this was the scene in mill valley where it often flood during high tide. today tide was the highest of the year and tomorrow will be nearly the same.so expect more of this. >> home come celebration tonight in belmont. residence of the belmont mobile home park evacuated from the homes back on december 12 when heavy rains flooded the park with potentially contaminated water. today cal-trans crew dredge out muck and other debris that clogged the drainage system. people have dealt with flood in the past but this last one was the worst. >> governor brown today declared emergency in 4 cal

detective answered yes but you shouldn't have had sex with me after i was knocked out. >> ray mcdonaldbe convicted of this has to know that the accuser was so impaired that she was not capable of giving consent. fight mcdonald accuser says he admitted to having sex with her the next day after she woke up naked in the bed. police are still investigating. >> more flooding in the bay area today and it didn't involve the rain this time. unusually high tide known as king tide the flooded low lying area today this was the scene in mill valley where it often flood during high tide. today tide was the highest of the year and tomorrow will be nearly the same.so expect more of this. >> home come celebration tonight in belmont. residence of the belmont mobile home park evacuated from the homes back on december 12 when heavy rains flooded the park with potentially contaminated water. today cal-trans crew dredge out muck and other debris that clogged the drainage system. people have dealt with flood in the past but this last one was the worst. >> governor brown today declared emergency in 4 califor

. >> reporter: he mentioned ray mcdonald the linebacker accused of sexual assault but never charged.a great debate whether he should have played after that, he did. >> ray mcdonald was ultimately my decision to not do anything. we sat down with ray, we said ray, whether you were guilty or not you can't put yourselves in these kinds of positions and very shortly after that he did that again.

decision-making that has led to multiple distractions for this organization. >> the 49ers have cut ties with ray mcdonald after a woman accused him of sexual assault. mcdonald has not been arrested or charged. four months ago, prosecutors decided not to pursue charges against mcdonald after his fiancee accused him of an assault. >> make him really happy. >> i feel that i have been slapped in the face. [ crying ] >> cuban-americans are divided over the announcement that the u.s. will now renew ties with the country. from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com >>> your realtime captioner is linda marie macdonald. >> good morning, i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is 5:00. >>> developing at this hour some shaking being felt in san ramon this morning. we are fog reports of a 2.6 earthquake hitting the area not too long ago about 30 minutes ago at 4:32 morning. no word on injuries or damage. you can see a little blip there on the seismograph here. we'll keep you updated on

learned new details about the allegations of sexual assault against former 49ers defensive lineman ray mcdonald. sharon chin went through the court papers tonight. swimming >> the last thing the woman remembers is that they were drinking that night and she fell near his swimming pool. seattle. court papers say, "she remembered being out by theo he fell and hit the accuser told police she stayed the night here at ray mcdonald's san jose home. she met him at a bar after the 49ers lost to the seahawks in seattle. court papers say she remembered being out by the pool when she fell and hit her head on the ground. she stated she woke up the next morning naked in bed with mcdonald. she asked mcdonald what happened and he told her that she was just tired, so he let her sleep in his bed. the next day the two stayed at his home and drank vodka and cranberry juice with fellow 49er aldon smith. when the accuser went to the police she complained about their encounter. mcdonald wrote back i don't understand why you're bothered. you chose to stay with me another day. he texted that she came onto him and advis

critical new details about the sexual assault case against ray mcdonald's. the defensive lineman his job, and if proven could send him to prison for years. new court documents outline how an officer posed as the victim to try and get evidence of a crime. robert handa has been going through new documents and has more on a key conversation involving mcdonald and aldon smith may have a link to this case as well. >> reporter: that's right. there are a lot of different legal issues being raised by the text conversation as well as mcdonald's home surveillance video system as well as the other people that might have been there, including aldon smith. ray mcdonald was fired from the 49ers over this sexual assault investigation. and one of his old teammates may have tough questions to answer as well, according to a newly released warrant. a woman says she and he friends met mcdonald while drinking at the willow den bar last sunday and the group ended up at his home. the warrant said she told police she was in essence drunk and fell and hit her head, woke up undressed

the first time he got into trouble, the 49ers stood by ray mcdonald for months. is time it took less than one hour before mcdonald was cut. the eight-year veteran released after san jose police announced they were investigating a possible sexual assault involving the lineman. they addressed them about their con p duct -- their conduct off the field. >> not angry. i understand the situation. i understand why the team did what they did. outside of that, it is really not my business. >> we had that meeting with the whole staff a couple weeks ago, and i feel like he made it clear how he feels about everything. everyone knows what is right and wrong. >> if and when jim harbaugh leaves the 49ers, the university of michigan is ready with cash in hand. the wolverines have reportedly of on erred harbaugh a six-year $48 million to $49 million contract that would make him the highest paid coach in the country. harbaugh is expected to seek another job in the nfl. >>> the warriors' owner courtside at maples pavilion and enjoying the cardinal and loyola marimount. stanford come

. >> reporter: ray mcdonald's former 49er teammates stood by him during the earlier allegations. tonight at 6:00, we'll have more reaction from the clubhouse at 49ers headquarters and hear what the teammates have to say about his allegations now. live in san jose, len ramirez, kpix 5. >> we have posted a timeline of ray mcdonald's recent trouble with the law and the police response on kpix.com. you'll find it within our top story. >>> tonight rain is threatening to mess up the commute for a second day in a row. check out the green and yellow on hi-def doppler. right now, heavy to moderate rain is coming down over the bay area. taking a live look now, rodeo beach in marin county, we sent our mobile weather unit to the coast to monitor the next round of rain and right now, right lane is falling as waves are crashing in. this is a popular surf spot. but no takers this afternoon as the waves are not coming in clean. this recent rain is being blamed for another north bay mud slide. crews closed tennessee valley road to clean it up. it will be closed until at least tomorrow. marin coun

allegedly occurred, clothing, perhaps the cell phone and perhaps surveillance information at ray mcdonald's house to show that she was there. >> reporter: former prosecutor steven clark says physical evidence was key. >> they'll also take her dna and compare it to dna samples at the mcdonald home, so that is a critical part of this case, if they have to establish that a physical encounter occurred. >> reporter: if proven it was not consensual can be challenging. the prospect of another lengthy investigation may have been a factor in the 49ers' decision to let mcdonald go. the executive director at next door solutions to domestic violence says it should have happened months ago. >> it's great that they did it, and having worked with this issue for 30 years, violence against women and girls, i shake my head at, what did you expect? did you really expect that it was going to stop? >> reporter: police have not arrested or charged mcdonald, but he will face the latest accusation without the support of the 49ers. jean elle, nbc bay area news. >> the nfl network reports coach jim harbaugh's alma m

arsonist caught in the act, and now, paying the price >> details on the investigation that got ray mcdonald fired from the 49ers not even the victim knows what happened. >> tonight we revisit a peninsula mobile home park flooded by tides. >> this is one of the fires that terrorized a san jose neighborhood. today, telling abc7 news exclusively why he did it. >> residents of one neighborhood went to bed, wondering if they might be the next victim. an arsonist was causing millions of in damage and today, patrick brennan agreed to go to prison for a long time. david louie is live at the site. >> this is a sign of a warehouse set on fire, and also damaged, a church and several homes. today, patrick brennan tells us why he set those fires in january. >> there was an arson fire in this neighborhood five nights in a row. a security camera at one house caught him in the act of setting a porch on fire. he returned four times until succeeding. >> with this system, and the neighborhood, open watch that made it so hot for him, he couldn't set anymore fires >> he told abc7 news he was glad he was caught