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More on the Kaepernick, Lockette incident in Miami

Post by Todd Dybas / The News Tribune on April 10, 2014 at 2:58 pm with 32 Comments »
April 10, 2014 2:58 pm

From our partner, the Miami Herald:

By Charles Rabin

Colin Kaepernick, the dynamic young San Francisco 49ers quarterback, who guided the team to the Super Bowl and a conference championship game during his first two seasons, is under investigation by Miami police for possible sexual misconduct last week at an opulent Brickell hotel.

Also listed on the police incident report are his teammate Quinton Patton, 23, a second-year pro from Louisiana Tech who has played sparingly, and Seattle Seahawks wideout Ricardo Lockette, 27.

Though no charges have been filed, the report indicates that a woman — who said she had a sexual relationship with Kaepernick in the past — told police April 3 that she passed out in Apt. 4710 in the Viceroy, 485 Brickell Ave., about midnight April 1.

She woke up in a local hospital the next morning, the report says, with no idea how she got there. The hospital and the woman were not named in the report.

Before she passed out, “They talked for a while and she mixed some drinks for all of them and gave them shots,” the incident report states. The report goes on to say “that they told her in order to drink the shots she had to ‘hit’ the bong which contained marijuana.”

“There was an incident, and we are investigating,” Miami Police Chief Manuel Orosa said Thursday.

Calls to agents for Kaepernick, Patton and Lockette were not returned Thursday. The incident was first reported on the gossip and entertainment website TMZ, which posted a photo of Kaepernick surrounded by nine women in bikinis next to a pool supposedly at the Viceroy, part of the ICON complex.

The Viceroy Tower is known for the “FIFTY Ultra Lounge,” a club on the 50th-floor rooftop that has a swimming pool and grand views of Biscayne Bay, downtown Miami, Key Biscayne and South Beach.

A message on Kaepernick’s Twitter account that he retweeted on April 4 seems to indicate the 26-year-old quarterback was in town last week for a friend’s wedding. A note at the bottom of the picture posted by TMZ says “Viceroy Miami, April 5.”

The 49ers’ general manager, Trent Balke, released a short statement Thursday saying the “organization is aware of the recent media report regarding Colin Kaepernick and is in the process of gathering the pertinent facts.”

According to the police incident report, a Miami police sergeant called the Special Victims Office — a squad that deals with sexual battery and assualt cases — to say a woman had come to the front desk of police headquarters on April 3 to file a report on “a suspicious incident that occurred in the Brickell area.”

The woman, who was interviewed by officers, said that at 9 p.m. April 1 she went to visit Lockette at his apartment and found Kaepernick and Patton there with him. After doing shots and bong hits, she said she began to feel lightheaded while they were watching a basketball game.

That’s when, the report says, the woman went to the bedroom to lie down, took off her jacket and jewelry, and was followed by Kaepernick, who began kissing her. He undressed her and left the room. They never had sex, she said. But before he returned, the woman told police, Patton and Lockette opened the door and “peeked” inside.

The woman told police she said, “What are you doing? Where is Colin? Get out,” to the two other football players, who left and closed the door.

“She can’t remember anything after that,” the report states. She did advise police “that she has had a sexual relationship with Kaepernick in the past.”

The woman underwent a rape test, sources said, and the results weren’t made public.

Though the woman told police that Lockette lived in the apartment, Miami-Dade County records indicate the two-bedroom, two-bathroom, 1,347-square-foot apartment is owned by Jose Sabioni de Lima, who could not be reached Thursday for comment.

The apartment in one of downtown’s more iconic structures along the Miami River was last purchased in July 2012 for $655,000.

Kaepernick, prominently tattooed with bible verses, and best known for being fleet-footed with a rocket arm, led the 49ers to the Super Bowl in his first season before losing to the Baltimore Ravens. Last season, the team lost the NFC title game to Seattle.

He is the second high-profile NFL star to become entangled in alleged sexual misconduct in Miami-Dade County in recent months. In February, it was revealed that former NFL Pro Bowl player Darren Sharper was being investigated by Miami Beach police for an alleged sexual assault in 2012.

The woman told police she came forward “to clear her conscience” after learning Sharper had been suspected of at least six rapes in five states. The woman said Sharper drove her to a South Pointe condo where she passed out, then woke up in the morning and saw Sharper quickly putting on his pants and telling her they didn’t have sex.

Sharper, who was retired and working for the NFL Network at the time, lists his main residence on Williams Island in Aventura. He played for the Green Bay Packers and the Minnesota Vikings, and is a five-time Pro Bowler.

Kaepernick, drafted in the second round out of the University of Nevada, Reno, in 2011, is a two-time Western Athletic Conference Player of the Year, and won the Most Valuable Player award in the school’s 2008 Humanitarian Bowl victory.

During his two years in the NFL, Kaepernick has mostly stayed scandal-free. He caused a slight stir last summer when he was photographed wearing a Miami Dolphins baseball cap, then exacerbated the issue by posting the same photo on his Instagram account.

According to the Modesto Bee newspaper in California, Kaepernick and Patton are scheduled to be part of a large contingent of 49ers on hand for teammate Anquan Boldin’s “Q Fest” festivities in South Florida this weekend to benefit his hometown of Pahokee. Head coach Jim Harbaugh also is scheduled to attend.

Leave a comment Comments → 32
  1. SandpointHawk says:

    Charles Rabin appears to run the police beat for the Miami Herald. Seems to have some inside sources. Thanks Todd.

  2. tylerwyler says:

    Hey, guys, heard any interesting 49er news lately?

  3. DreadHawks says:

    My guess is we will read of Lockettes release shortly.

  4. rramstad says:

    Some stuff I haven’t seen posted here:

    The Seattle Seahawks have restructured the contract of backup safety Jeron Johnson, according to a report, bringing him back for 2014 and ostensibly saving the team some money as it looks to retain the core of its Super Bowl-winning roster.

    New Orleans Saints safety Rafael Bush has successfully appealed his $21,000 fine for a big hit on Seattle Seahawks receiver Percy Harvin during the 2013 NFL playoffs.

  5. Hammajamma says:

    So if this account is true and no other evidence of a crime emerges, what kind of dude decides he’s going to have sex with a woman who is wasted with his buddies in the next room, before backing off? Sounds like a creepy frat party.

    Never ceases to amaze that guys with so much to lose still put themselves in dumb situations.

  6. Southendzone says:

    Miami Vice officers Tubbs & Crockett arrested Kap & Lockette

  7. Nothing like this surprises me with Kap (whether true or not).

    So thankful our QB has a brain (Kap is book smart, too) AND common sense (which Kap seems to lack too much of).

  8. ““They talked for a while and she mixed some drinks for all of them and gave them shots,”

    So, she makes the drinks, possibly takes at least a shot, and willingly takes a bong hit. She’s an adult right? But somehow many will jump to conclusions about what happened. I guess she has no responsibility if she blacks out and doesn’t remember what she did. You can have no memory from a drunken episode and very much take part in all sorts of activities. Sounds like he was probably intoxicated as well. It’s his responsibility to decide that sexual activity is unwise in their intoxicated state? Why, because he is a man? A man would be laughed at should he make similar claims.

    I don’t know what happened. Neither does anyone else here. Sounds like she doesn’t know what happened. Let’s pump the brakes. Getting drunk and having sex that you regret later doesn’t mean a crime was committed. Half the world would be in jail if it was.

  9. DanielleMND says:

    Lockette saw two teammates suspended for pot last season, and this is how he spends the off-season? Cut him just for that.

    I’ll leave it to the police to investigate what happened to the woman, but it certainly sounds suspicious. I wouldn’t be shocked if her drink was spiked with something.

  10. Let’s hope, for all involved, that nothing despicable happened here.

  11. Macabrevity says:

    Kaep may not be a criminal like Rape-less-burger but he is definitely immature and a poor decision-maker off the field. I liked the post in the previous thread “meanwhile RW was studying film” that really summarizes the difference between the two. I wonder if this will put a kink in Kaep’s side of his contract negotiations…. too bad, I was hoping they’d make him the NFL’s highest paid wunderkind.

  12. CDHawkFan says:

    Why do people think that NFL players don’t smoke weed? Is it just because they have a policy and they lose large sums of money if caught? Have you heard the comments form current and former players, estimates that half of the players smoke dope. If you want him gone for smoking dope then you will want half of this team gone.

    Are they ”stupid”, sure, do they still do it, yes.

    Also, I’m not willing to call RW a saint. Sure he appears to be, but I don’t really know him personally. Tiger looked like a good professional guy in his mid 20’s as well.

  13. DanielleMND says:

    I personally don’t care if they smoke pot. I think it should be legal everywhere. But the NFL does care, and I hate to have guys on the team who could potentially be suspended.

  14. Southendzone says:

    Supposedly the drug annual drug test takes place on exactly or nearly the same date each year so anyone with half a brain can avoid a positive test.

  15. chuck_easton says:


    I’ll say this once and as concisely as a lawyer can. MJ is illegal on the Federal level. The NFL as a National entity is bound by Federal law not State law.

    It is a controlled substance and is prohibited to be used in 48 States to varying degrees.

    The NFL includes all controlled and illegal substances on their substance abuse test list.

    So do I care that people smoke the stuff? Nope. Unless by doing so they can lose their job. If that job has to do with employment by the NFL Franchise that I have rooted for since Seattle was granted an expansion franchise I have a problem with a guy doing anything that can potentially effect my team.

    Oh, and the arguments that it’s ‘just weed’ and ‘everybody does it, it should be legal anyway’ doesn’t work when, as in my job, Children’s Services will take children away from their parents if there is an issue with positive MJ drug tests.

    Do what you want in your own home. But don’t complain because the law is being enforced if the neighbors complain about the smell and you find your friendly local law enforcement paying you a visit.

  16. I guess you can say this is close to normal or acceptable behavior for nfl players if you want. Not what you want to have your face of the franchise QB involved in. Lots of money is on the line here. Russell Wilson’s stock just keeps going up. Some east coast sports media still think we will let Wilson go . Beyond laughable. GO3

  17. chuck_easton says:

    And I’m not debating whether it should or should not be legal. I’m not considering if it is or isn’t addictive. And we don’t even need to begin the argument whether it is or is not a gateway drug.

    As of April 11, 2014 possession, use, and sale of the substance is illegal on the National level (Canada as well, but we are starting the debate at the Federal level on if this should be changed).

    If a person is in possession of a large enough quantity they can face jail time. I.e. in California if a person had an amount that could rationally be deemed enough for personal use only, it resulted in no more than a traffic citation type fine.

    I’m very interested in some of the medical research coming forward about the benefits MJ can offer to specific chronic illnesses. But that is for Nate to take up, his area of expertise and his soapbox.

    For me, it’s the law. As a cop would I arrest someone for possession? It would depend on the situation, the location, and the person. Many cops just choose to look the other way these days. As a lawyer I look at the fact that people can be arrested, fined, sent to jail, and in Child Welfare cases lose their children due to use and possession.

  18. Does anyone know why Bush got his fine rescinded? My recollection was that it was clear helmet to helmet.

  19. chuck_easton says:


    He appealed that the fine didn’t match the offense and won. That’s all we know.

    If I were to speculate I’d say he argued past conduct, the fact the team was penalized 15 yards during the game, and that the punishment was overly excessive.

    Just what I would have argued if I had been his counsel.

  20. CDHawkFan says:

    Chuck, you missed my point, I didn’t say anything about letting the guys do it in the NFL, I didn’t say I was okay with it, I didn’t say it should be legal, didn’t say anything about keep kids, etc.

    All I said is that R Lockette (and former players Thurmond and Browner) aren’t the only ones on the team smoking dope.

    Again, my point is if you want him gone (as others did for Thurmond an Browner) for smoking pot, then its possible you would want half this team gone.

  21. Macabrevity says:

    I recall back in the 90’s, a friend’s band used to rehearse in a practice space across the street from the coliseum. Before Sonic’s games they used to take a break because the guitarist was supplying weed to most of the home and visiting teams pre-game. I didn’t believe it at first, but it became clear that most of those guys were actually playing stoned, a notion that boggles my mind even today. At least among NFL players it’s ‘justified’ under the guise of an alternate pain-killer. I imagine Kaep self-medicates to handle all the emotional pain that stems from his middle-class suburban upbringing.

  22. Southendzone says:

    I’m just glad that Browner wasn’t in that goddam room with the 3 of them.

  23. Just to be accurate on what is tested for – the list of tested items includes only the most popularly abused drugs. Some of the tested items are obtainable by prescription, others are completely illegal. But there are many substances that are not tested for – for example, many psychedelic drugs such as LSD and psilocybin; non-amphetamine stimulants like Ritalin; various “downers” like barbiturates and Valium.

    If you read the preamble to the policy, they make it clear it is not about enforcing federal or state laws on drugs, it is about: “Substance abuse can lead to on-the-field injuries, to alienation of fans, to diminished job performance….”.

    So they include Marijuana because they feel it leads to one of those stated issues. Alcohol is also potentially a “substance of abuse”. The bottom line is that anything that has a negative impact on NFL business is not going to be tolerated, regardless of whether it is legal or not.

  24. montanamike2 says:

    Oh c’mon Macabrevity do you expect me to believe “big smooth” Sam Perkins would play stoned?

  25. chuck_easton says:


    And you missed my point. I don’t care if every player in the NFL lights up, as long as their usage doesn’t effect the team. We now have a Seattle Seahawk player prominently mentioned in a police report with a statement that there was a bong in his house and it wasn’t there for decorative purposes. So now it’s crossed the line from ‘to each his own’ to something that can come back on the team.

    And I don’t necessarily want him gone because of drug use. I want him gone because he has the incredible bad taste in having the starting QB of the hated 49rs as his best bud, former housemate, and party dude. That cannot be tolerated!

  26. I hope we trade our 1st round pick to some team for their 1st rounder in ’15. Maybe some team with a GM who knows he will be fired if he doesn’t win this upcoming season. It’d be nice going into ’15 with two 1st rounders. You never know but our 32nd pick could turn into a top 10 pick in ’15. That’s a risk I’d like to take.

  27. bird_spit says:

    On Kap and gang, they are idiots who got drunk, and probably got her drunk with purpose in mind..

    On the benefits of MJ, add this:

    I have a brother with brain cancer. Without med MJ, and in high dosage, he is wasting away, untalkative, drinking from a straw, and his wife cleans up all of his messes.

    With med MJ, he is very talkative, has clarity in his thinking most times, and dances with his wife. She just has to make sure he gets his meds at the right time.

    So, just remember, MJ is powerful medicine, and should never have been prohibited in the first place. It was in the US Pharmacopeia in 1850, and was removed in 1930s in a power grab by dupont and others.
    See this for all of its benefits known for ages. It was only a “crazy drug” for the last 70 years.

  28. Southendzone says:

    MM2, that was EXACTLY who I thought of, good old Sam Perkins, that guys eyes never were open more than about 2 millimeters in any game I ever saw him playing in.

    He could still nail those 3 pointers though! Remember, he had the flattest arc on a 3 pointer I’ve ever seen but he would drain them.

  29. Not going to rehash the marijuana debate, but the NFL is NOT a law enforcement agency and is bound in no way by federal law to TEST for marijuana use. It is their choice.

  30. I for one would fall out of my chair should Big Smooth admit to smoking marijuana. I think the bright lights on the courts hurt his eyes. ;-)

  31. bird_spit says:

    BobbyK – I want to acknowledge your view of MMJ, and recognize the tragedy you have been through with the abuse of this drug. Stupid people do stupid things, and at times its so very tragic.

  32. Apparently at least one of the three knuckleheads involved was smart enough to call for emergency help. The report is that the fire department transported the lady to the hospital. Hopefully, none of them were stupid enough or bad enough to have had sex with her when she was passed out.
    As far as substance use/abuse goes, they will have to deal with their employer’s policies and possibly the legal system.

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