Ex-San Francisco 49ers lineman Ray McDonald was arrested for the second time this week on Wednesday afternoon, this time for violating a restraining order, according to the Santa Clara Police Department.
McDonald violated a restraining order for being at a home where he wasn't supposed to be, authorities said, although his attorney vigorously contends that his client never received the paperwork ordering him to stay away from his ex-fiance.
Detectives took him into custody at a Togo's sandwich shop on Tasman Drive, where an employee at the sandwich shop described McDonald as flustered.
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Shirin Dashti, a Togo's employee, said when McDonald came into the shop he looked distraught, "a little bit angry and upset."
Police said the restraining order McDonald violated was issued as a result of his domestic violence and child endangerment arrest on Monday in Santa Clara at an apartment he leases for his ex-fiance and newborn baby.
McDonald's attorney, Steve Defilippis, said his client was never served with the restraining order.
"I had confirmed that with him yesterday, well before any of this was an issue, and the only paperwork that he was given when he left the jail was the booking sheet, no restraining order," Defilippis said in an e-mail to NBC Bay Area.
"The only reason he was at the apartment, which is in his name, was that he was there to meet my investigator to let him in to be able to examine the allegedly broken door. My investigator had already confirmed that the complaining witness was in Santa Cruz, and would not be at the apartment," Defilippis explained in the e-mail.
McDonald immediately left the area when police called him and told him a complaining witness had seen his care at the apartment, Defilippis said.
The mother of the alleged victim told reporters on Tuesday that McDonald was drunk when she called authorities on Monday.
McDonald was later arrested at the San Jose home of retired 49er Justin Smith on suspicion of assaulting a woman who was holding the couple's baby. Hours after the arrest, McDonald was also released by the Chicago Bears, who had given his career a second chance following his domestic violence arrest last year while with the 49ers.
McDonald was seen leaving the the Santa Clara County Jail late Wednesday and declined comment before getting into an Aladdin Bail Bonds car.
When approached by reporters, McDonald said, "Don't you all have anything better to do? Didn't the Warriors win? You all should be there."