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49ers

49ers’ Aldon Smith Posts Bail On Gun Charges After Rehab Stint

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Aldon Smith booking photo. (San Jose Police Dept.)

Aldon Smith booking photo. (San Jose Police Dept.)

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SAN JOSE (CBS SF) — San Francisco 49ers linebacker Aldon Smith was released on bail Tuesday in San Jose on three felony gun charges after turning himself in to the Santa Clara County Sheriff’s Office, a sheriff’s office spokesman said.

Smith was released by sheriff’s deputies after posting $75,000 bail at 6:51 p.m. on an arrest warrant obtained by the district attorney’s office on Oct. 9, sheriff’s spokesman Sgt. Kurtis Stenderup said.

The athlete’s surrender had been expected following Smith’s stay in a rehabilitation facility for alcohol abuse at the time the arrest warrant was issued, according to the district attorney’s office.

The 49ers star faces the three felony weapons charges in connection with a June 29, 2012, party at his home in unincorporated San Jose, prosecutors said.

During the party, Smith fired his .45-caliber handgun several times in the air, another guest then shot and injured two people and Smith himself was stabbed but not badly hurt, prosecutors said.

After the party, sheriff’s deputies found three rifles at his home that the district attorney’s office later determined were illegal assault weapons under state law, prosecutors said.

A court employee reported Wednesday that Smith’s arraignment in Superior Court on the three felony charges would be on Nov. 12 in Department 23 of the Hall of Justice in San Jose.

In a separate case, Smith also faces misdemeanor drunken driving charges, including driving under the influence of alcohol and driving with a blood-alcohol level of above .15, Deputy District Attorney James Gibbons-Shapiro said.

Smith’s arraignment on the DUI charges is set for Nov. 19 in Department 52, Gibbons-Shapiro said.

Smith also faces a fine for an infraction for allegedly using false documents to identify his vehicle when he was arrested for DUI in San Jose on Sept. 20, according to Gibbons-Shapiro.

(Copyright 2013 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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