According to Matt Barrows of the Sacramento Bee, 49ers linebacker Ahmad Brooks will not be charged by the Santa Clara County DA for striking teammate Lamar Divens in the head three times with a bottle and then punching him.
BREAKING: Santa Clara County DA has decided NOT to pursue charges against #49ers linebacker Ahmad Brooks.
— Matt Barrows (@mattbarrows) July 18, 2013
This is great news for Brooks and the 49ers. Now he’ll certainly be ready to go for camp.
Update: Below are more details as to why Brooks won’t be charged by the DA’s office.
That investigation turned up new evidence, including a May incident at Brooks’ home in which Divens pushed Brooks to the ground, causing a two-inch cut on Brooks’ leg. According to the DA report, the two had been “wrestling” and “shadow boxing” throughout the afternoon. No one called the police, brooks tended to his wound and Divens remained at the party,
“I have reviewed the memo and agree with its conclusion,” Rosen said in a press release.
“Cases are not always what they first appear. The value to a thorough and deliberate
investigation is a more complete picture of the facts. We cannot prosecute this case because
we cannot prove the crime beyond a reasonable doubt to 12 jurors. To file criminal charges
when we do not believe we will obtain a conviction is wrong.”
According to court records filed when the original warrant was obtained earlier this month, Brooks, Divens and two rookie defensive teammates – undrafted rookies Lawrence Okoye and Mike Purcell – had been drinking in San Jose on June 8 when they returned to Brooks’ home in Brooks’ truck. After Divens, who had been driving, jokingly pretended to throw Brooks’ keys into the yard, Brooks hit him repeatedly over the head with a beer bottle and punched him in the face, opening a gash that needed to be closed with stitches. Brooks also threatened to retrieve a gun, according to court records.
Brooks, 29, was described in the police report found in the court records as “very drunk.” Officers who responded said Divens, 27, did not show any outward signs of being intoxicated. Divens had been serving as the group’s driver that night.
The district attorney memo released today said that when Divens was feigning to throw the keys away he was moving his hand back and forth, and Brooks said he thought Divens was going to hit him.
Divens initially told police he would press charges but five days later changed his mind, telling police that doing so would be “bad for both of their careers.” Divens’ decision not to press charges was one of the reasons why there has been disagreement in the District Attorney’s office on how to charge Brooks or whether to charge him at all. The investigation also noted that Divens wanted Brooks to pay him $1 million.
Brooks also was charged with assault in 2008 for allegedly striking a Kentucky woman when he was with the Bengals. Brooks accepted mediation on the charges, according to newspaper reports at the time. Brooks has since said that case was expunged, and the Boone County (Ky) District Court has no record of the case.