SANTA CLARA -- While the 49ers continue to gather information about what led to the arrest of defensive end Ray McDonald on felony domestic violence charges, the San Jose Police investigation continues.
McDonald remains with the team and is scheduled to take part in practices this week even as coach Jim Harbaugh promised the 49ers will not tolerate domestic violence offenders.
Would the 49ers continue the process of getting McDonald ready to play football unless the initial information the organization has uncovered points favorably toward McDonald?
Both Harbaugh and 49ers general manager Trent Baalke stressed the importance of due process. On Tuesday, Baalke said it had not been decided whether McDonald will be in uniform for Sunday’s season opener at the Dallas Cowboys. The 49ers could opt to deactivate McDonald before the game.
"That remains to be seen," Baalke said. "We're still in the fact-finding mode, trying to get as much information as we can, and we'll have more knowledge later (Tuesday) and certainly more knowledge the next day and moving forward. Nothing has been determined at this point."
McDonald was arrested early Sunday morning after an alleged incident with his fiancé, who is reportedly 10 weeks pregnant. He was booked into Santa Clara County Jail and released later that morning on $25,000 bail.
[RELATED: McDonald arrested]
“Once the investigators have completed their investigation they will present the case to the District Attorney's Office,” San Jose Police Sgt. Heather Randol told CSNBayArea.com in an email. “I do not know when that will happen. It really just depends on how much follow-up they need to do. That varies from case to case.”
Police have shared little information publicly about the incident.
“The victim had visible injuries,” San Jose Chief of Police Larry Esquivel wrote in a synopsis of the case that was released on Tuesday.
[RELATED: Police: 'The victim had visible injuries']
How McDonald's fiance sustained those injuries -- bruises to her arms and neck, the Sacramento Bee reported -- will determine McDonald's future with the 49ers and, perhaps, as a professional football player.
McDonald had two lengthy discussions with Baalke on Monday and Tuesday, Baalke said. Tight end Vernon Davis said a large number of 49ers players were at the party to celebrate McDonald’s birthday. So the 49ers have no shortage of potential witnesses in the building.
"I don't know we'll wait for the court process,” Baalke said. “We're in the mode of finding out as many facts as we can, talking to as many people as we can, and trying to make the best decision we can for everybody involved: The organization, the player, the (alleged victim), everybody."