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SANTA CLARA, Calif. - The Santa Clara County district attorneys office declined to file charges against San Francisco 49ers defensive lineman Ray McDonald in a domestic violence investigation stemming from his Aug. 31 arrest.Prosecutors said in a release Monday that they were unable to charge McDonald because of conflicting versions of what happened, a lack of verifiable eyewitnesses and a lack of co-operation by the alleged victim, McDonalds fiancee.All domestic violence complaints deserve our concern, sensitivity and careful review, District Attorney Jeff Rosen said in the release. After our thorough review of all the facts, we do not have evidence sufficient to convince a jury beyond a reasonable doubt that Mr. McDonald committed a crime against his fiancee.The DAs statement said no one was left with significant injuries.McDonald has played all season despite outside pressure on the 49ers to bench him. He has 24 tackles, 15 of those solo, while starting all nine games for the 49ers (5-4).I appreciate the seriousness of the situation and I understand and respect that law enforcement had a job to do, which is why I co-operated fully with their investigation from beginning to end, McDonald said in a statement. I am relieved that the DAs office has rightfully decided not to file charges. I want to thank everyone who was supportive during this difficult time.The arrest came only days after NFL Commissioner Roger Goodell announced stiffer penalties for players accused of domestic violence, including a six-week suspension for a first offence and at least a year for a second. That move followed scrutiny over former Baltimore Ravens running back Ray Rices two-game penalty stemming from his arrest on an assault charge in February.The issue of domestic violence is important to us, as it is throughout society, the 49ers said in a statement Monday. We have taken this allegation seriously, just as we have taken the principles of due process seriously. We have said from the beginning that we will consider the information available, allow the facts to lead to our decisions and respect the judicial process. Based on the information available to us and the District Attorneys decision not to file charges, there will be no change in Rays status with the team.According to the DAs office, the investigation determined that McDonalds fiancee, who was identified only as Jane Doe in the statement, struck McDonald during an argument at his home during his birthday party and he then tried to restrain her.The two scuffled and McDonald forcibly attempted to remove her from the home, the statement said.McDonald called a San Jose police officer, saying he needed to get a female out of his house, the statement said. The fiancee subsequently called 911 and that led to McDonalds arrest.According to a memo prosecutors sent to Rosen, both McDonald and his fiancee said she struck him first. The memo says her injuries were consistent with restraint and an ensuing scuffle, not an attack.McDonald and his pregnant fiancee got into the fight after a woman attending the party told her some women were getting too friendly with McDonald. McDonalds fiancee, who was sleeping upstairs, came down and confronted him, according to the prosecutors memo.She asked a woman talking to him to step outside, according to the memo, and the two got into a fight. McDonald grabbed her arms to restrain her, according to the memo, and at one point grabbed her neck, as he tried to remove her from the house. Both times he left visible injuries, according to the memo.Following the arrest, 49ers CEO Jed York, general manager Trent Baalke and coach Jim Harbaugh repeatedly said they have zero tolerance for domestic violence, but rather than bench McDonald they agreed to let due process play out before making a decision about his future with the team. Harbaugh said he wouldnt allow any player found guilty of domestic violence to be on his team.He also said at the time that public pressure wouldnt affect how the 49ers handled McDonalds situation. An eight-year NFL veteran, McDonald has been a key member of one of the NFLs fiercest front seven units.Harbaugh took his player at his word.As Ive said from the very beginning, I was never there to stand up here and say what did or didnt happen, Harbaugh said Monday. The stance on domestic violence, that principle of being completely against it and also the principle for being for due process, and the respect of the judicial system, legal process, and that these are peoples lives, let the facts and the information lead to the decisions that we would make as an organization and that ultimately the authorities would make. They had a process, they had an investigative process that now seems to be concluded.___Associated Press Writer Sudhin Thanawala contributed to this report.___AP NFL websites: www.pro32.ap.org and www.twitter.com/AP_NFL Cheap Adidas Lightning Jerseys .500. The Jets have now won nine of their last 11, and five of their last six road games. With the win they moved to within two points of Vancouver in the west, the Canucks holding down the eighth spot. Vancouver lost in Boston, while the other big game saw Dallas win in Phoenix. Wholesale Lightning Jerseys . 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Yaya Toures seeming discontent Tuesday may complicate that, as does the little issue of Financial Fair Play.A tentative date of December 1 has been set for Minnesota Vikings running back Adrian Peterson to stand trial on a felony child abuse charge. All along, Peterson has expressed he is not interested in cutting a deal and believes he did nothing wrong. While he indicated to police that he felt bad in light of the extent of the injuries, he added to be honest with you, I feel very confident with my actions because I know my intent and he characterized the incident as a normal whooping. Peterson also maintained his innocence in a statement issued through his lawyer Rusty Hardin, saying, I never ever intended to harm my son. I will say the same thing once I have my day in court. If this goes to trial (which is not a guarantee if the sides can settle), it remains possible Peterson could be acquitted. The Beating The criminal charge stems from a beating he gave his four-year-old son with a tree branch (or a switch) after Petersons son pushed another child off of a motorbike video game. Peterson grabbed a tree branch, removed the leaves and struck his son repeatedly. According to CBS Houstons Nick Wright, the assault resulted numerous injuries to the child, including cuts and bruises to the childs back, buttocks, ankles, legs and scrotum, along with defensive wounds to the childs hands. Wright also reported the following: Peterson also allegedly said via text message to the childs mother that he felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh and also acknowledged the injury to the childs scrotum in a text message, saying, Got him in nuts once I noticed. But I felt so bad, n Im all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories! In further text messages, Peterson allegedly said, Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but dont play no games when it comes to acting right. According to police reports, the child, however, had a slightly different story, telling authorities that Daddy Peterson hit me on my face. The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that there are a lot of belts in Daddys closet. He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson likes belts and switches and has a whooping room..dddddddddddd The Charge As per Section 22.04 of the Texas Penal Code, Peterson was indicted on a charge of recklessly, or with criminal negligence, caused bodily injury to a child. This type of charge is classified as a state jail felony and is punishable by 180 days to two years in jail and/or a fine of up to $10,000. Reckless defendants act with an awareness that their actions are likely to cause the crime but persist with their actions. In order to be characterized as criminally negligent, it just needs to be shown that the defendant was not aware of the potential consequences but should have been. The prosecution just needs to show either Peterson was reckless OR negligent. The latter is easier to establish since you dont need the element of awareness. Petersons Defence Physical abuse in Texas is an accepted form of discipline. Section 261.001 of the Texas Family Code allows parents to engage in reasonable discipline of children so long as it does not expose the child to a substantial risk of harm. This may explain why it took the prosecution two attempts to get Peterson indicted. Ultimately, Peterson was indicted because a grand jury believed that his conduct did not constitute reasonable discipline and ended up causing substantial harm to his child. Peterson Could Walk At Trial Based upon the merits of the case and the relatively low legal standard of negligence to be met, the prosecution has a strong case. The injuries inflicted certainly cross the line and constitute substantial harm. As well, while Peterson may not have intended to harm his son, he should have known those injuries were likely. Bottom line: the harm was bad and Peterson, at the very least, was negligent. That doesnt mean, however, the prosecution is going to win. Its entirely possible that Peterson could walk. To find Peterson guilty, jurors must reach a unanimous verdict. That means that Rusty Hardin need only convince one juror to give Peterson a pass. Hardin, who secured an acquittal for his client Roger Clemens in his perjury trial, knows that physical abuse as a form of discipline is accepted and is part of the culture in Texas. As well, reasonable discipline is provided for, and protected, under Texas law. So while that one juror may not approve of the harm inflicted and believe it wasnt reasonable, he or she may still be empathetic towards Peterson, believe hes learned his lesson and give him a pass. And for Peterson and Hardin, thats the hope. 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