ENGLEWOOD, Colo. (AP) – San Francisco 49ers general manager Trent Baalke says embattled linebacker Ahmad Brooks has been excused from the team but remains on the roster “on a day-to-day-situation.”

Brooks was sent home from Denver on Thursday morning after a Santa Clara County grand jury charged him with misdemeanor sexual battery. The 49ers are practicing with the Broncos in advance of their preseason game Saturday night.

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The charge against Brooks stems from a December incident at former teammate Ray McDonald’s house. McDonald was indicted in the case on one count of rape of an intoxicated person.

Baalke said no decision has been made as to whether Brooks will be allowed to play in the regular season. Brooks could face discipline from the NFL for violating the league’s personal conduct policy.

The 49ers learned of the accusations against Brooks in a civil lawsuit filed in May. “This is not a new matter,” Baalke told reporters before practice. “This is a new development within that matter.”

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Brooks was expected to start at the outside linebacker spot vacated by Aldon Smith’s release three weeks ago. Third-year pro Corey Lemonier started there Thursday.

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