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Santa Clara prosecutor weighs possible charges against Ahmad Brooks

Brooks Getty Images

Mike Brown may have avoided drafting Aaron Hernandez.  But Brown used a supplemental draft pick on linebacker Ahmad Brooks.  And Brown likely is glad Brooks no longer is with the team.

According to Tracey Kaplan of the San Jose Mercury News, the Santa Clara District Attorney currently is considering whether to charge Brooks after he allegedly assaulted a 49ers teammate with a beer bottle last month.

Nose tackle Lamar Divens required three stitches after Brooks hit Divens three times in the head and punched Divens in the face after an argument over car keys.  Divens thought Brooks was too drunk to drive, and Brooks violently disagreed.

Per the report, Brooks yelled to Divens while striking him, “Do I need to get my [expletive] gun?”

Divens initially wanted to press charges, but he has since changed his mind, telling police that pushing the issue “would be bad for both of their careers.”

Two other unnamed (for now) 49ers players witnessed the June 8 attack, and they have given recorded statements to police.

Initially, a felony arrest warrant was sought and signed by a judge.  Then, higher ranking officials in the prosecutor’s office intervened.  A debate has unfolded over the question of whether Brooks should be charged with a felony or a misdemeanor — or possibly not at all.

The delay is described by the report as “unusual,” given that the Santa Clara D.A. has a reputation for being the toughest of all Bay Area law-enforcement offices.

Whatever the outcome, here’s hoping that political concerns relating to the impending relocation of the team from San Francisco to Santa Clara won’t get in the way of justice being done.  Divens did what more people should do when friends or colleagues are deemed to be too drunk to drive.  If the person who’s too drunk to drive responds to those efforts by beating the crap out of the friend or colleague, that’s not the best way to keep drunks from driving cars on the public roadways.

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89 Responses to “Santa Clara prosecutor weighs possible charges against Ahmad Brooks”
  1. jay0134 says: Jul 3, 2013 12:32 AM

    Poor guy, You do the right thing and get a bottle busted over your head.

  2. lostsok says: Jul 3, 2013 12:33 AM

    Suggestion to Divens: if Brooks offers a drive to a nearby industrial park…don’t go!

  3. bennyb82 says: Jul 3, 2013 12:34 AM

    Who does that!? Here you have a friend/teammate trying to potentially save your life/career/bank account…and you bash a beer bottle over his head? It is frightening that this guy owns a gun…

  4. goldrush36 says: Jul 3, 2013 12:34 AM

    Idiot.. after keeping his nose clean his entire time here and earning that nice extension ya gotta go do something stupid

  5. sixringsofsteel says: Jul 3, 2013 12:34 AM

    Wow….just wow.

  6. ialwayswantedtobeabanker says: Jul 3, 2013 12:35 AM

    If, and only if, these allegations are true — Brooks has to be prosecuted to the fullest extent of the law. If any of us commit criminal assault and batter – because someone is rightfully preventing a drunk who’s not in his right mind from driving – we’d get cooked.

  7. brendank11 says: Jul 3, 2013 12:38 AM

    what is wrong with people?! Seriously. If this is how it went down, you repay a guy who is trying to save lives, including your own, by beating him in. Hope he’s cut for this, but I doubt it. Black eye for NFL continues.

  8. silverandblack052099 says: Jul 3, 2013 12:38 AM

    Just another example of special treatment for the rich and famous. If you or I did this we would be sitting in jail awaiting trial and there would be no debate about charges being filed.

  9. raiderssf says: Jul 3, 2013 12:41 AM

    This crap really needs to stop.

  10. bharr170 says: Jul 3, 2013 12:41 AM

    Bengals draft philsophy has drastically changed. Just look at this years draft. Nothing but high character, upstanding citizens.

  11. oruacat2 says: Jul 3, 2013 12:42 AM

    Getting creative with the Bengals references now, I see. haha

  12. thestrategyexpert says: Jul 3, 2013 12:46 AM

    This was a pair of smart decisions. The first one was by Divens for putting himself at risk to do the right thing and try to stop a driver he believe to be unfit for safe or legal driving. The second good decision was also by Divens in not to pursue the charges. Maybe the community and the victim will never establish or reconcile the appropriate punishment due to Brooks, but for Divens it would have only been a personal matter, and sometimes conveniences of your team and involvement with them come first. He’s taking one for the team to pass up his personal claim and that’s ok and will score him some points in the locker room. As a bonus, perhaps Divens might have received a private payoff, so more cash for him at the expense of a jerk if that’s what is happening here (the ruining of careers is excuse smells fishy)

    Yay, we moved on from a dispute without making more lawyers rich!

    (pending the DA not moving forward of course, which they should just to make sure they can’t uncover a potential hidden pay off to discover and close more crimes, as well as to obtain justice regardless of whether the involved parties care to help out. But I think the hidden payoff is a strong and secure rich man’s gentleman agreement so that should be safe to avoid trouble with.)

  13. sc49ers says: Jul 3, 2013 12:46 AM

    No its not but its unclear what realy happend they could have been upset about something…mike brown could only wish he would have picked a person who drinks inseted of a person who turned out to b s””””iller…..

  14. cali49er707 says: Jul 3, 2013 12:48 AM

    This is a personal family matter & will be handled within the family.

    Sincerely,
    The San Francisco 49ers & their fanbase

  15. controllerzero says: Jul 3, 2013 12:49 AM

    Seriously man, you’re comparing this to Hernandez? Geez.

  16. oruacat2 says: Jul 3, 2013 12:51 AM

    A supplemental draft pick versus this: “Brooks, now 29, signed a six-year contract extension last year worth $44.5 million, with $17.5 million guaranteed. “

  17. thesteelers says: Jul 3, 2013 12:53 AM

    Brooks = booked
    Santa Clara 49-whiners will never reach our status of 6

    You’re jealous?

  18. hedleykow says: Jul 3, 2013 12:54 AM

    Please don’t tell me that Tebow was there and he tried to break it up.

  19. sweetnlow44 says: Jul 3, 2013 12:54 AM

    Alcohol is so awesome.

  20. allidoiswin55 says: Jul 3, 2013 12:55 AM

    Let’s me see in the Last 6 months isn’t this like the 4th police incident with the niners. Do you see how the media can either blow out of proportion or like this case not tie them together and let it pass.

    I believe it been attempt a couple Sexual assaults, physical assault, steroids, a violation of ethics in college in paying players which results in Oregon discipline, and another openly gay hating player in the capital of gays.

    Please stop hating on seahawks, who may or may not have cheated, when half, literally half of those players suspended never played and or tested positive Before joining or had an prescription. This poor one sided media buzz had been disgusting.

    So the Hawks cheat, cam we call Al niners, rapists, womanizers, money toting bullies, who hate all gay people? The sh*t is about to hit the fan down their if the media actually covers all the niners and their problems like they do to all other hated teams.

    Not all niners or fans, but these action are those of garbage men, whether convicted or not, it’s easy to see an pattern in behavior and we all know how hard it is to convict someone, look at ray. Money and power get u off more than some random person lieing.

  21. beerndrums says: Jul 3, 2013 12:57 AM

    Sounds like a nice guy

  22. wilsonwillbreaku says: Jul 3, 2013 12:58 AM

    9ers players are just as classy as their fans…respect to Divens tho…he showed Brooks love both times.

  23. Nostrils10 says: Jul 3, 2013 12:58 AM

    And this folks, is why I stay away from people…. Trying to help the situation and get hit in the head with a bottle 3 times and punched by your “buddy”…

  24. allidoiswin55 says: Jul 3, 2013 12:58 AM

    Oh yeah and I forgot to add raging alcoholics to my list of niners attributes.

    But don’t let the media spin fool you, and the niners are world class athletes and players and they do everything the proper way… Pshh smh and that crap.

  25. sc49ers says: Jul 3, 2013 12:59 AM

    To add this SANTA CLARA dose not put up with NOTHING not even for a brocken tail light…….beleive they will do what they can good luck to u..u r a hell of a player u R 1 big piece of thid deffence….

  26. johnthehillboy says: Jul 3, 2013 1:00 AM

    I like the angle.

    The obvious one would be to say here to the league, the players, and the fan base that the cops would surely throw the book at a regular Joe like most of us, to get everyone, every tax payer, on notice that the playing field might not be level so we’d all better all watch closely as to how this plays out to make sure we aren’t wronged. Change that into publicizing the drinking and driving angle.
    The league has a serious problem with it’s employees and drunk driving. The violence, meh, who cares. We still live in an age of boys will be boys. That angle goes nowhere. But leveraging the league to be tough on him because their punishment will be a reflection of how they feel about drinking and driving is quite clever. And I feel like I should thank you for that.

  27. brendendilley says: Jul 3, 2013 1:04 AM

    “Technically” beating the snot out of the person preventing you from driving and then getting arrested [b]IS[/b] in fact the best way to ensure you do not drive drunk… or even ride home drunk in a taxi.

  28. themackstrong says: Jul 3, 2013 1:05 AM

    Another NFL gangster they need to make an example out of. Larry Grant caught with steroids and is cut by the team, Cox has legal troubles with a woman he raped and Brooks wants to “pop the trunk” on a teammate for car keys. Stay classy San Francisco.

  29. creamsiclecannon says: Jul 3, 2013 1:07 AM

    I don’t see how you can have someone on your team who not only assaulted his team mate but threatened him with a gun. 49ers should release him.

  30. kuranda84 says: Jul 3, 2013 1:07 AM

    Any comments now Harbaugh? Or do you just run your mouth about players on other teams that make mistakes.

  31. 49erdynasty says: Jul 3, 2013 1:08 AM

    While there is no excuse for Brooks behavior, let’s not get carried away… any team in the league would love to have this guy.

  32. joshh967 says: Jul 3, 2013 1:08 AM

    The guy has play a majority of his career in 49ers, but you just have to open with him playing for the Bengals, don’t you?

  33. granadafan says: Jul 3, 2013 1:10 AM

    Lamar Divens did what he’s supposed to do in preventing a drunk driver from killing himself or others. Brooks is a POS.

  34. daaabears says: Jul 3, 2013 1:13 AM

    NFL= Nor For Light of heart.

  35. thegreatgabbert says: Jul 3, 2013 1:14 AM

    Yeah, he probably needed to get the gun. Pounding a nose tackle on the head with a beer bottle could take all night.

  36. hutch119 says: Jul 3, 2013 1:21 AM

    He should most definitely be charged.

    And good for Divens doing the right the right thing and a shame his career is preventing him from further doing the right thing.

    Hopefully the league at least steps, getting violant for the right to drink and drive is the exact behaviour the league needs to make an example of.

  37. nyoazz says: Jul 3, 2013 1:31 AM

    The Santa Clara D.A. will wait until an SF player kills somebody via DUI. And even then will remain lenient. But don’t be a tax paying citizen or the book will be thrown at you.

  38. joecool707 says: Jul 3, 2013 1:41 AM

    It’s just a beer bottle. No gun, no foul.

  39. dennisatunity says: Jul 3, 2013 1:48 AM

    I’m very confused about this story. Under Harbaugh’s regime, Brooks was signed to a 6-year, $44.5 million dollar contract, yet we know that Harbaugh doesn’t allow people like Brooks on his team–people who ask teammates if he has to get his gun. He invited criticism of his team leadership when he decided to run down the Seahawks because they were having some personnel problems. So I guess Harbaugh will immediately get rid of him. Otherwise, we will just have to keep asking him, “Hey Harbaugh, what’s your deal?”

  40. michaeljacksonisback says: Jul 3, 2013 1:58 AM

    Him and Hernandez were best friends growing up.

  41. manilarizzo says: Jul 3, 2013 2:08 AM

    This is getting to be beyond ridiculous. The National Crime League.

    Anyone else care to bet the players association won’t actually get behind a “x” strikes and your contract is voided position come the next round of collective bargaining?

    Goodell will do what Goodell does but I vote:

    Misdemeanor- 1st offense- fines and suspensions.
    Felony- 1st offense- contract voided, 3 year ban.
    Misdemeanor- 2nd offense- contract voided, 1 year ban.
    Anything thereafter, lifetime ban.

    Time to rattle a few skulls into weighing the consequences of their actions. Sad to even ponder the need for such things.

  42. shadowcell says: Jul 3, 2013 2:12 AM

    Perhaps NFL teams should consider freezing all their players in carbonite during the offseason.

  43. joenash72 says: Jul 3, 2013 2:23 AM

    Go Seahawks!!!

  44. drbrown7451 says: Jul 3, 2013 2:31 AM

    Good Grief! One more self-entitled creep freaks out violently and creates havoc. Yes, by all means arrest him, charge him, convict him, and then let him think it over in jail.

    When does regular season start?

  45. lagg1 says: Jul 3, 2013 2:43 AM

    The Niners should release this fool now before he kills someone.

  46. 49ersgiants4life says: Jul 3, 2013 3:10 AM

    Just lost every ounce of respect I had for brooks Divens should press charges or at least get a settlement from that overpaid douche

  47. kd75 says: Jul 3, 2013 3:30 AM

    He cracked a beer bottle over his head huh?

    I guess he didn’t need to get his [expletive] gun…

  48. kd75 says: Jul 3, 2013 3:31 AM

    I wouldn’t waste my beer by breaking it over somebody’s head.

    I value beer more than your head.

  49. ozymandias121 says: Jul 3, 2013 3:32 AM

    Obviously Brooks wasn’t that drunk.

  50. kepickle says: Jul 3, 2013 3:38 AM

    this is where the NFL & the 49ner need to come out & say we got Divens Back ….fact is if i was the 49ners I’d cut Brooks anyway

  51. miahelightbody says: Jul 3, 2013 4:12 AM

    Roger Goodell, you’ve got absolutely no idea what’s happening in and around your league. Do you?

  52. hodag54501 says: Jul 3, 2013 4:32 AM

    Yup…just another day in the NFL offseason.

    Goodell: if you’re convicted of a felony, suspend players for one year, and depending on circumstances, possibly more. If your convicted of a misdemeanor, half a season.
    If you’re a multiple time offender, you’re gone for good.
    Where else in an industry would you tolerate employees(which all the players are of the corporate umbrella, the NFL) shooting, etc.?
    The colleges also need to stop smooching the butts of troubled athletes. “The fans” demand victories, but are you doing the athletes any favors by letting this behavior go undisciplined in a TAXPAYER SUPPORTED institution?

  53. competitivecompetitioncompeter says: Jul 3, 2013 4:34 AM

    Wow. This just goes to show that even the Santa Clara DA’s office is apprehensive about the Whiners D going up against the ‘Hawks offense 2x a year.

    I had hoped the Pats throwing away the Aaron Hernandez key had signaled a paradigm shift in the way we mollycoddle criminality in pro athletes, but the Josh Brents and Ahmad Brookses keep on piling up.

  54. pencilmonkeymagic says: Jul 3, 2013 4:51 AM

    “WHO’S GOT IT BETTER THAN–”

    Oh, wait…

  55. latenightroach says: Jul 3, 2013 5:14 AM

    Wow…Seems to be a lot of anger management issues with NFL players as of late. What’s going on with these dudes? Too bad.

  56. montsta says: Jul 3, 2013 5:39 AM

    Santa Clara county is the toughest in the Bay Area? Elmwood is a fricking resort compared to Santa Rita or North County.

  57. joetoronto says: Jul 3, 2013 5:51 AM

    Mike Brown sure knows how to pick them. Once a Bungal, always a Bungal.

  58. seanb20124 says: Jul 3, 2013 5:57 AM

    No special treatment here, move along

  59. wryly1 says: Jul 3, 2013 5:58 AM

    So what have we learned for sure? Brooks is just another one of those dime-a-dozen knuckleheads who doesn’t know when he’s had too much, and has the double-digit IQ mentality that violence is the default kneejerk response in simple, routine social matters.

  60. elmerbrownelmerbrown says: Jul 3, 2013 5:59 AM

    But yet Paula Deen is the problem,,,,go figure !!

  61. ironyisadeadscene says: Jul 3, 2013 6:35 AM

    I bet he drank in college before he was 21 too.

  62. johanvil says: Jul 3, 2013 6:37 AM

    Roids

  63. onbucky96 says: Jul 3, 2013 6:40 AM

    A delay, someone in the D.A. office intervened with the warrant, and now we wait. I sense an obstructing 49ers fan working in the Santa Clara D.A. office. I’m disappointed Santa Clara, I expect this from Seattle not you.

  64. anygivenwednesday13 says: Jul 3, 2013 6:56 AM

    Aaron Hernandez would of handled Mr. Divens much differently. Much differently indeed …

    Meanwhile … Joe Lefeged believes these charges to be trumped up!

    And finally when Titus Young was asked to comment on the allegations against Brooks he replied: “Listen … A baby giraffe ain’t got time for no applesauce … so get yourself down out of that yum-yum tree Dorothy!”

  65. kane337 says: Jul 3, 2013 6:58 AM

    Ahmad Brooks ought to be locked up for what he did.

  66. bpfpft says: Jul 3, 2013 7:15 AM

    But Mike Brown has had Reggie Nelson on his team since 2010. Was involved in several incidents while at Florida and as rookie with Jaguars.

  67. supremekingz says: Jul 3, 2013 7:22 AM

    This is nothing at all. Misdemeanor at best. This is a waste of time and will have no bearing on Brooks career. Everybody does something a little stupid from time to time. Doesn’t make it criminal

  68. tincansailor981 says: Jul 3, 2013 7:34 AM

    One week, that’s all we fans want, one week with no arrests or incidents. Is that asking too much?

  69. logicalvoicesayz says: Jul 3, 2013 7:51 AM

    This Divens guy sounds like a great friend. A lot of people talk the talk, but not too many are willing to put themselves in the hospital to save your life. Especially when you’re the one whose putting them there.

    The Niners landed a guy with HOF character.

  70. ahostiletakeover says: Jul 3, 2013 8:26 AM

    Always liked Divens when he was with my Ravens, solid role player for eating up blocks and run stuffing. They signed him as an undrafted “red star” rookie, which is their method of identifying high character guys and this story supports that. Hope those stitches come out soon brother and you have a healthy and productive season for your new team.

  71. packerbackernj says: Jul 3, 2013 8:29 AM

    For such a small percentage of the people in America, NFL players get in so much trouble. They really seem, for the majority, like the scourge of the earth. Thank you, Lamar Divens, for showing that there are a few people in the NFL that aren’t complete low life’s because all we ever hear is the bad.

  72. hscorpio says: Jul 3, 2013 8:30 AM

    This is the kind of detail you get when you read a story about a drunk driver killing someone that happened to be on the road near them.

    If the DA doesn’t send a clear message to Brooks, the league or the 49ers should.

  73. whatjusthapped says: Jul 3, 2013 8:36 AM

    Every NFL team provides a ride service available to all its players to avoid DUI’s. Why would anyone risk a multi-million dollar paycheck when the solution is a phone call away? Brooks is an idiot in more ways than one.

  74. billsfan1 says: Jul 3, 2013 8:44 AM

    Paula Deen is definitely on to something

  75. iamthefootballjerk says: Jul 3, 2013 8:49 AM

    Lamar Divens just became one of my favorite players. Sounds like a good teammate, and a great friend. Too bad more teams don’t have guys like him to look out for the idiots.

  76. faithful209er says: Jul 3, 2013 8:52 AM

    I don’t like this one bit!! But at least the Niners aren’t cheaters!

    On a human level, this guy needs help… And charges.

    On a football level, the reigning NFC champs won their conference without “adderall”.

  77. leftygun says: Jul 3, 2013 9:01 AM

    I’m interested to hear how Harbaugh will spin this one

  78. truninerfan49 says: Jul 3, 2013 9:57 AM

    Harbaugh needs to quit commenting on Seattle and get his own team in line.

  79. osiris33 says: Jul 3, 2013 10:09 AM

    Kinda makes the Seahawks PED allegations pale in comparison, doesn’t it?

  80. stevincinci says: Jul 3, 2013 10:10 AM

    Bengals cut Brooks immediately after he was arrested for punching his girlfriend in the face. Potential great player didn’t matter to Mike Brown. 49’ers knew his past when they signed him.

  81. hedleykow says: Jul 3, 2013 10:24 AM

    I try to keep a couple bottles of beer with me at all times for self defense.

  82. purpleguy says: Jul 3, 2013 10:40 AM

    Well, we now officially can confirm that Brooks is a scumbag and Divens isn’t.

  83. citynative says: Jul 3, 2013 11:02 AM

    In related news, Marshawn Lynch has an upcoming hearing on a DUI charge where he was swerving into cars; colliding with two of them.

  84. jayniner says: Jul 3, 2013 11:31 AM

    And we were doing so good staying out of the spotlight in the offseason…

    Unfortunately Brooks is going to have to learn his lesson the hard way here…..Misdemeanor Battery charge = 12 weeks anger management and a $500 fine with 3 years informal probation. Let’s hope the Niners don’t cut him.

  85. goldrush36 says: Jul 3, 2013 11:54 AM

    So Burfict and Kirpatrick are model citizens now? That was just last year Cinci fans.. get a grip

  86. bigcountry6981 says: Jul 3, 2013 1:53 PM

    so anyone that makes a mistake is a scumbag?? wow … carry on i reckon … what a bunch of short sided morons

  87. benwhyme says: Jul 3, 2013 2:34 PM

    If he used Adderall this wouldn’t have happened.

  88. dennisatunity says: Jul 4, 2013 2:54 PM

    supremekingz says:
    Jul 3, 2013 7:22 AM
    This is nothing at all. Misdemeanor at best. This is a waste of time and will have no bearing on Brooks career. Everybody does something a little stupid from time to time. Doesn’t make it criminal.
    ____________________________________

    Yeah, actually when you hit somebody over the head with a beer bottle and put them in the hospital, it does kind of make it criminal.

  89. mt2314 says: Jul 4, 2013 11:31 PM

    If
    “Mike Brown may have avoided drafting Aaron Hernandez. But Brown used a supplemental draft pick on linebacker Ahmad Brooks. And Brown likely is glad Brooks no longer is with the team.”

    Then why do you refer to the NT as a teamate?

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