San Francisco 49ers linebacker Aldon Smith will be in Santa Clara County Superior Court in San Jose this afternoon to be arraigned on three felony counts of possessing an illegal assault weapon, a prosecutor said today. Smith may enter a plea to the charges, and the judge will then set the next court date in the case and allow Smith to review discovery in the case provided by prosecutors, Deputy District Attorney Brian Buckelew said.
Smith and his attorneys will be able to examine the assault rifles found in his home by sheriff’s deputies last year “and see if they agree with our technicians’ evaluations of the guns,” Buckelew said. The technicians determined that three guns recovered from Smith’s home outside of San Jose in 2012 were illegal assault weapons under California law, Buckelew said. Buckelew said the weapons, which were among five unregistered rifles located in Smith’s bedroom, included an Armalite AR-10-T and two Bushmaster assault weapons.
Prosecutors have said that Smith purchased the three rifles on two occasions in 2011 while in Arizona. Two were bought in Phoenix on Dec. 10 of that year, a day prior to the 49ers’ game against the Arizona Cardinals. The three rifles are legal in Arizona, but it is a felony to possess one in California, according to Buckelew. Deputies searched Smith’s expansive home, located in an unincorporated area in the hills east of San Jose, following a raucous nighttime party Smith hosted at the home on June 29, 2012, that stretched into the early morning hours of June 30, 2012.
According to prosecutors, Smith fired a .45-caliber handgun into the air during the party in an attempt to disperse a large crowd. Later, one or more partygoers shot and wounded two people at the party and Smith suffered minor injuries when he was allegedly stabbed by Steven Raymond Barba, a reputed gang member who has since been charged by the district attorney’s office with assault with a deadly weapon. The two shooting victims have filed civil suits in San Jose against Smith and his former 49ers teammate Delanie Walker, who was with Smith at the 2012 party.
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