A former offensive lineman for the San Francisco 49ers was sentenced today to three years’ probation and five days in county jail on misdemeanor domestic violence, battery and assault charges, according to San Mateo County prosecutors.
Kwame Harris, 31, was sentenced after a motion by his defense attorney to dismiss the charges was rejected by a San Mateo County Superior Court judge, according to District Attorney Steve Wagstaffe.
A jury convicted Harris on Nov. 4 on misdemeanor domestic violence, battery and assault charges in connection with an Aug. 21, 2012, incident but acquitted him of felony domestic violence and assault charges.
Harris has served one day of his jail sentence and is scheduled to surrender on Feb. 8 to complete the remainder of the sentence, Wagstaffe said. He also must complete 104 hours of domestic violence counseling.
Harris, who played for the 49ers for five years starting in 2003 and one year with the Oakland Raiders in 2008, was arrested after an argument with an ex-boyfriend outside a Menlo Park restaurant turned violent, according to prosecutors.
Harris and Los Angeles resident Dimitri Geier, who had been romantically involved and lived together intermittently in Palo Alto, were dining at Su Hong restaurant before heading to San Francisco International Airport where Geier was supposed to catch a flight, prosecutors said.
During the meal, Harris allegedly became angry when Geier poured soy sauce on a plate of rice, according to a lawsuit filed by Geier in October in San Mateo County Superior Court.
The argument “escalated” and moved outside the restaurant, where Harris allegedly tried to pull down Geier’s pants and accused him of stealing his underwear, prosecutors said.
Harris then pinned Geier against a glass wall of the restaurant and hit him several times in the face and head, causing a compound fracture around the victim’s eye socket, prosecutors said.
Geier was taken to O’Connor Hospital in San Jose and eventually had surgery in which a metal plate was implanted in his face, prosecutors said.
Harris drove off after the alleged attack and was arrested at his home later that day.
Sara Gaiser/Chris Cooney, Bay City News