Aldon Smith to face three felony assault weapon charges

By Josh Katzowitz | NFL Writer

Aldon Smith is in more legal trouble (USATSI)
Aldon Smith is in more legal trouble. (USATSI)

49ers linebacker Aldon Smith threw a house party in June 2012, and in the aftermath of that, two separate people have sued Smith claiming they were shot at the same party where Smith was stabbed.

On Wednesday, the Santa Clara County District Attorney's office confirmed that it had filed three felony charges of possession of an assault weapon against Smith. The news first was reported by NBC Bay Area.

The DA's office said that Smith is expected to surrender later this month. If convicted, Smith could face up to four years and four months in jail.

“The preamble to the assault weapons law states that each assault weapon ‘has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings,'" district attorney Jeff Rosen said in a statement. "California's prohibition of these powerful weapons is not about hunting or target practice. It is about interrupting the long history of death, carnage and grief assault weapons have inflicted on California communities."

The DA says that during the party, Smith fired his .45 handgun twice from his balcony to "dissipate the crowd." The DA also says one of Smith's friends also fired that same handgun "several times" in the air.

From the DA press release:

Following the shooting, the Santa Clara County Sheriff's Department searched Smith's residence for evidence related to the assaults. As part of that search, Sheriff's investigators recovered two rifles from Smith's bedroom, including an Armalite AR10-T .308 caliber rifle. In a second search two weeks later, Sheriff's investigators recovered three additional firearms from Smith's bedroom and closet, including a Bushmaster ACR rifle chambered for 5.56mm NATO and a Bushmaster Carbon-15 .223 caliber rifle. None of the five weapons were registered with the California Department of Justice. Sheriff's investigators documented several additional large-capacity magazines strewn about the floor of Smith's bedroom. Ammunition in several calibers -- both expended and unexpended -- was found in Smith's bedside table.

The DA's said that Smith purchased the three assault weapons on two separate occasions from a Phoenix gun dealer in 2011 -- one of which occured Dec. 10, the day before San Francisco played the Cardinals.

Said the DA's office: "Such weapons, as configured, cannot be legally purchased in Arizona by
residents of California. Even if purchased in Arizona by an Arizona resident, such weapons are illegal to possess in California."

“We recognize the serious nature of this situation as does Aldon and will continue to monitor it closely,” the 49ers said in a statement, via the Baltimore Sun.

Smith is currently on leave from the team undergoing rehab. He was arrested and charged with DUI on Sept. 20.

"I am taking a leave of absence to address my health," Smith said in a statement at the time he left. "I am sorry that I have affected my team, my family and the organization. I will do everything in my power to handle this situation the best way possible. I appreciate the support of the 49ers and our fans."

In the fallout from that 2012 house party, current Titans tight end Delanie Walker also has been sued.

 
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