Sources familiar with the case said the Santa Clara County District Attorney's Office is weighing whether to charge the star linebacker for possessing three assault rifles he allegedly bought legally in Arizona but failed to modify to meet California's stricter guns, the San Jose Mercury News reported Thursday. A decision is expected soon, the sources told the newspaper.
Sheriff's deputies discovered the weapons in Smith's home after a June 2012 house party ended with Smith being stabbed and two guests shot by gang members who crashed the gathering.
District Attorney Jeff Rosen may decide to charge Smith although in addition to being a suspect, he's also a victim and a witness. Police allege he fired one of the rifles in the air to send the approximately 100 guests home after the violence broke out.
If Smith, who also faces two civil suits arising from the party incident, is charged and convicted, he could face punishment ranging from probation to three years in prison, the Mercury News said.
Rosen was accused of being soft on wealthy suspects after he recently declined to charge 49ers linebacker Ahmad Brooks after Brooks said he acted in self-defense in hitting teammate Lamar Divens in the head three times with a beer bottle.
San Francisco opens the season Sunday at home against Green Bay.