The team said Smith's return was questionable.
The charges stem from a June 2012 party at Smith's home. Investigators say several shots were fired, two partygoers were injured and Smith was stabbed. In the subsequent investigation, prosecutors say detectives found five unregistered weapons in Smith's house, including two Bushmaster rifles and an Armalite AR-10T. They say those are assault weapons illegal to possess under California law.
The defensive end had a five-week stint in treatment for substance abuse.
The fearsome pass-rusher is in shape despite a couple of extra pounds gained during his stint at an in-patient treatment facility for substance abuse. He was outside California. Part of the process for San Francisco 49ers All-Pro linebacker Aldon Smith to rejoin the team following a monthlong stint in rehab included a verbal commitment to the NFL that he would stay out of trouble and keep clean.
Smith was charged Oct. 9 with three felony counts of illegal possession of an assault weapon, stemming from a party at his home in June 2012, and the Santa Clara district attorney's office said at the time it expected him to surrender later in the month. 49ers coach Jim Harbaugh said on his weekly radio show with 95.7 The Game that Smith met with team officials Wednesday. General manager Trent Baalke said last week in London that Smith would have to show "progress" to
York expects Smith will seek treatment on his own, but the 49ers won't interfere, saying "I think Aldon is going to take steps on his own." Smith started and had five tackles in a 27-7 loss to the Colts on Sunday. Smith is a key pass rusher and sacks leader for the 49ers, and coach Jim Harbaugh had said leading up to Sunday that the NFL would decide how to punish the third-year pro, who turns 24 Wednesday.
Smith later took to the practice field with his teammates Friday afternoon at team headquarters in Santa Clara. He is scheduled to appear in court on Nov. 4. Smith declined to comment when reporters asked about his arrest. Coach Jim Harbaugh told reporters Friday that he expects that Smith will play Sunday when the Niners host the Indianapolis Colts at Candlestick Park.
The lawsuit says Smith and Walker were intoxicated on Smith's balcony when they began firing gunshots in the air while trying to end the party. Neither Walker nor Smith, who was stabbed at the party, has been charged in the incident. Walker now plays for the Tennessee Titans.
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