49ers QB Colin Kaepernick, 2 other NFL players investigated in Miami sex misconduct case

San Francisco 49ers quarterback Colin Kaepernick and two other NFL players are being investigated by Miami police for possible sexual misconduct with a woman at a Brickell condo in early April.

04/11/2014 12:01 AM

09/08/2014 7:14 PM

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 Baalke, 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 report, a Miami police sergeant called the Special Victims Office — a squad that deals with sexual battery and assault 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.

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