Report: Aldon Smith could face gun charges

Smith on lawsuit: 'I'm focusing on playing against Green Bay'

Report: Aldon Smith could face gun charges
September 5, 2013, 9:45 am
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Ronndale Esporlas' lawsuit against Aldon Smith claims he and Delanie Walker were drunk and shooting off guns during Smith's house party last June. (USA TODAY IMAGES)

Outside linebacker Aldon Smith reportedly could face charges of possessing illegal assault rifles, which is punishable by the possibility of probation and up to three years in jail.

The Santa Clara Count District Attorney's office is leaning toward prosecuting Smith, the Bay Area News Group reported Thursday.

Smith purchased the weapons in Arizona, where they are legal, but Smith allegedly failed to modify them to comply with California's gun laws, according to the report, which cited sources familiar with the case.

Three guns were discovered by Santa Clara County sheriff's deputies after a large house party hosted by Smith and his roommate in the East San Jose foothills got out of control in June 2012, according to the report.

Smith sustained "minor" stab wounds to his shoulder and abdomen as he attempted to break up a fight, sources told He was treated and released that morning. Two gunshot victims and one stabbing victim were transported to local hospitals with non-life-threatening wounds.

Earlier this week, Ronndale Esporlas filed the lawsuit in Santa Clara County against Smith and former 49ers tight end Delanie Walker. The lawsuit claims Smith and Walker repeatedly and illegally fired weapons on numerous occasions during the June party.

Esporlas alleges in the lawsuit he suffered "serious, catastrophic and permanent injuries" when he was caught in a "crossfire" of bullets in the early morning of June 30, 2012.

Esporlas stated he does not know who shot him, but he is claiming negligence and "premises liability." He alleges Smith and Walker were drunk and shooting off guns. Esporlas' injuries are not detailed in the lawsuit.

When asked Wednesday about the lawsuit, Smith said he was not caught off-guard. He said his focus this week is on the 49ers' season opener on Sunday against the Green Bay Packers.

"Things happen," Smith said. "You just got to focus on the things that you do. So I'm focusing on playing against Green Bay, and see how it goes."