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Ahmad Brooks won’t be charged with assault

New Orleans Saints quarterback Drew Brees (below) is sacked in the fourth quarter by San Francisco 49ers outside linebacker Ahmad Brooks during their NFL NFC Divisional playoff football game in San Francisco Reuters

After taking their time weighing their options, the Santa Clara County District Attorney has decided not to move forward with assault charges agains 49ers linebacker Ahmad Brooks.

Matt Barrows of the Sacramento Bee reports that the D.A.’s office believes there is not enough evidence to feel confident about convicting Brooks of the charge. There was initially a warrant issued in the case, but prosecutors decided more information was needed before it could be served. Per Barrows, the investigation uncovered evidence that would have made getting a conviction more difficult.

“I have reviewed the memo and agree with its conclusion,” D.A. Jeff 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.”

The prosecutors were considering the charges following an incident involving Brooks and teammate Lamar Divens in June. Divens allegedly angered Brooks by refusing to hand over Brooks’ car keys because he thought Divens was too drunk to drive, a stance that court records filed at the time the original warrant was being sought say Brooks responded to by breaking a beer bottle on Divens’ head while asking if he needed to get his gun.

Divens initially wanted to press charges for the attack, which was witnessed by two other members of the 49ers, but later told police that it “would be bad for both their careers” if he pushed forward against Brooks. Barrows’ report indicates that prosecutors found evidence that Brooks may have been acting in self-defense and that “doubts were raised” regarding Divens’ actions after the incident. Those actions include an alleged request for $1 million to Brooks and previous altercations between the men.

Whatever ultimately may have gone down on the night in question, we hope that more people step up faced with someone they think is too drunk to drive and that none of them wind up with a bottle across the head.

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49 Responses to “Ahmad Brooks won’t be charged with assault”
  1. schmitty2 says: Jul 18, 2013 6:11 PM

    Barrows’ report indicates that prosecutors found evidence that Brooks may have been acting in self-defense and that “doubts were raised” regarding Divens’ actions after the incident

    Doubts are raised all right. Sounds like someone got paid off bigtime

  2. d0minate says: Jul 18, 2013 6:15 PM

    witnesses… what witnesses (wink wink)

  3. nflcrimerankingscom says: Jul 18, 2013 6:20 PM

    got lucky

  4. braceyourselffor12 says: Jul 18, 2013 6:26 PM

    At the very least the team should suspend him for a number of games. That kind of reckless and dangerous behavior does not belong in the Red & Gold. Especially when it is directed towards another teammate who was looking out for his personal safety.

    There truly are two justice systems in this country, they need to change it to “Guilty until proven rich”.

    GO NINERS!!!!!

  5. joey49er says: Jul 18, 2013 6:27 PM

    Great now we can get back to whats important! goin to the superbowl!!!!go niners

  6. disp2 says: Jul 18, 2013 6:31 PM

    Seems a bit disingenuous to keep pedaling the thought that Divens was keeping Brooks from driving drunk and that’s what caused the altercation. The fight happened after they had been out drinking and Divens had already driven everyone back to Brooks’ house. Kind of a blatant misrepresentation of the facts.

  7. allidoiswin55 says: Jul 18, 2013 6:40 PM

    Threatening to get an gun after smashing a bottle over your friend/teammate/coworker is obviously no big deal when your a athlete on an good team.

    Let me get this straight. In the past year. Niners Have been accused of Sexual assault just before the superbowl and got off with nothing.

    Another openly gay hating player says derogatory comments about people’s lifestyles in what’s considered the gay capital of the US.

    Another player gets suspended for Peds, that he tested positive for before cur by team.

    An entitled QB wears a hat (no big deal but stupid) but then comes out and says some moronic comment about I’ll billed for my team til the end type of stuff and belittle the very people who buy his jerseys, support his causes and buy tickets to Keep him paid. Arrogance smells ugly kid. SF will support him regardless but I wouldn’t be surprised to see them turn on him real fast when he struggles.

    Ahmad Brooks, threatens to get a gun and scare his OWN TEAMMATE AND FRIEND, bc he was trying to prevent him from committing a crime and endangering not only himself but others.

    Aldon Smith gets a DUI and oh by the way was stabbed in a bar fight, not saying it’s solely his fault, but he puts himself in terrible situations that may result him problems, socially drinking is no problem, but over consumption and being in and around people of shady character when your an high profile athlete is stupid.

    Bowman an all pro beast admits publicly to using marijuana, oh and Ahmad Brooks lost his scholarship at Virginia for smoking weed.

    Point is, the PR department for the niners is awesome, the media wants so desperately to have a good west coast team, that they pump up the niners way better than they are and now their fans think their sh*t don’t stink.

    Their is such thing as media spin, and having it spun your way doesn’t change the fact that the niners are sniveling, rude, bigots, sexists, and criminals as ANY OTHER TEAM.

  8. bigbaldpapahawk says: Jul 18, 2013 6:43 PM

    Roid Rage followed by a payoff.

    Stay classy San Fran.

  9. jiveturkeygobbler says: Jul 18, 2013 6:48 PM

    Sweet. My roommate dropped the charges on me when I dropped him for being a drunken tool too. The judge even yelled at him!

  10. listenupcupcake says: Jul 18, 2013 6:51 PM

    “Barrows’ report indicates that prosecutors found evidence that Brooks may have been acting in self-defense and that “doubts were raised” regarding Divens’ actions after the incident.”

    Ah, the ol’ Zimmerman defense….

  11. lionsdraftguy says: Jul 18, 2013 6:58 PM

    Darn it. Take all them Niners to jail. Theyre worthless.

  12. ketch20too says: Jul 18, 2013 6:59 PM

    ahhh yes…that whole equal justice for all thing raises its ugly head again. Money walks…

  13. theuglitruth says: Jul 18, 2013 7:01 PM

    Finally….someone paid them off!

  14. carolinajimbo says: Jul 18, 2013 7:15 PM

    And Ihope writers do away with the

    And I hope writers do away with the
    PC BS!

  15. mackcarrington says: Jul 18, 2013 7:24 PM

    Doesn’t matter at all. When he runs out of the tunnel for introductions, he will still get cheered like a conquering hero. Same as Patriot fans would do for Hernandez, or any fans of any player wearing jail jumpsuits.

  16. bobhk says: Jul 18, 2013 7:29 PM

    @lionsdraftguy says:
    Jul 18, 2013 6:58 PM
    Darn it. Take all them Niners to jail. Theyre worthless.
    ————–
    butt still hurting from the annual whuppin Harbaugh gives schnatz?
    :-)

  17. jrazz22 says: Jul 18, 2013 7:47 PM

    bigbaldpapahawk
    Jul 18, 2013, 3:43 PM PDT
    Roid Rage followed by a payoff.

    Stay classy San Fran.
    ——————————————————–
    As a Hawk fan you should be banned from commenting on anything that has to do with class.

    Stay pathetic Seattle.

  18. faithful209er says: Jul 18, 2013 7:55 PM

    allidoiswin55 says: Jul 18, 2013 6:40 PM

    Threatening to get an gun after smashing a bottle over your friend/teammate/coworker is obviously no big deal when your a athlete on an good team.

    Let me get this straight. In the past year. Niners Have been accused of Sexual assault just before the superbowl and got off with nothing.

    Another openly gay hating player says derogatory comments about people’s lifestyles in what’s considered the gay capital of the US.

    Another player gets suspended for Peds, that he tested positive for before cur by team.

    An entitled QB wears a hat (no big deal but stupid) but then comes out and says some moronic comment about I’ll billed for my team til the end type of stuff and belittle the very people who buy his jerseys, support his causes and buy tickets to Keep him paid. Arrogance smells ugly kid. SF will support him regardless but I wouldn’t be surprised to see them turn on him real fast when he struggles.

    Ahmad Brooks, threatens to get a gun and scare his OWN TEAMMATE AND FRIEND, bc he was trying to prevent him from committing a crime and endangering not only himself but others.

    Aldon Smith gets a DUI and oh by the way was stabbed in a bar fight, not saying it’s solely his fault, but he puts himself in terrible situations that may result him problems, socially drinking is no problem, but over consumption and being in and around people of shady character when your an high profile athlete is stupid.

    Bowman an all pro beast admits publicly to using marijuana, oh and Ahmad Brooks lost his scholarship at Virginia for smoking weed.

    Point is, the PR department for the niners is awesome, the media wants so desperately to have a good west coast team, that they pump up the niners way better than they are and now their fans think their sh*t don’t stink.

    Their is such thing as media spin, and having it spun your way doesn’t change the fact that the niners are sniveling, rude, bigots, sexists, and criminals as ANY OTHER TEAM.

    ——————————

    Wow. You spend a lot of time and energy hating the Niners. Wow.

  19. oilman989 says: Jul 18, 2013 8:23 PM

    A lump on the head. A threat of firearms. Two witnesses. The case cannot be proved beyond a reasonable doubt.

    Somewhere in between Niners’ brass made a phone call.

  20. mgpet says: Jul 18, 2013 8:30 PM

    The Niners and Cowboys are neck and neck in the “Classiest Organization in the NFC” race, it seems.

  21. sourdoughsam says: Jul 18, 2013 8:30 PM

    “To file criminal charges when we do not believe we will obtain a conviction is wrong.”

    … If only the prosecutors in the Zimmerman case maintained that sense of responsibility.

    BTW, I’m very disappointed to see members of my favorite team get in a drunken mess like this. Brooks had come a long way since “Frank the Tank” during his tenure with the team. I really hope he learned to stay away from the booze because he’s an incredible talent.

  22. jayniner says: Jul 18, 2013 8:31 PM

    BOOM! Called this a week ago:

    jayniner says:
    Jul 13, 2013 7:27 PM
    Law enforcement is under no obligation to file charges against Brooks considering Divens decided not to press charges.

  23. brendendilley says: Jul 18, 2013 8:44 PM

    So you’re saying the DA in Cali did a good job and realized you don’t waste precious tax payer money trying cases that you KNOW you’re going to lose. I feel like there is a lesson here for other parts of the country??? Hmm….

  24. offthelows says: Jul 18, 2013 8:46 PM

    Wow, player a assault and subsequent extortion can’t help foster a cohesive locker room

  25. nou04 says: Jul 18, 2013 8:48 PM

    Good for Brookes for taking a stand and trying to help. I am glad that he did not get charged and I hope Goodell leaves him alone too.

    The methods allegedly, were maybe unorthodox and violent but it was to help him and possibly anyone else that could have been hurt by him driving drunk.

  26. blackmagic7 says: Jul 18, 2013 8:51 PM

    If dude feels a need to “go and get [his] gun,” and there are prior altercations, why do I have a sinking feeling that this ain’t over yet?

  27. razzmatazzcomics says: Jul 18, 2013 8:59 PM

    Maybe the authorities should wait a couple of weeks, and then search the side of the highways for any extra evidence. Ya never know.

  28. themackstrong says: Jul 18, 2013 9:25 PM

    49ers and their players are a joke.

  29. dtmoney72 says: Jul 18, 2013 9:30 PM

    Aldon didnt get stabbed at a bar, he got stabbed at his own house, too many uninformed 49er haters.

  30. citizenstrange says: Jul 18, 2013 9:31 PM

    Well, by all means if the task is too difficult just quit. Justice schmustice right?

  31. hawkstradamus says: Jul 18, 2013 9:47 PM

    Great locker room chemistry right there. This team is going places.

  32. mikesmajormojo says: Jul 18, 2013 9:48 PM

    Uh… Divens… probably time to update your resume.

  33. iced107 says: Jul 18, 2013 9:55 PM

    If only Justin Smith would have been there to hold him…

  34. natijim235 says: Jul 18, 2013 10:02 PM

    guy is a jagoff – he’ll mess up again

  35. forty9asty says: Jul 18, 2013 10:27 PM

    I agree that although the DA has decided not to press charges, the team should hand out some punishment. I’m thinking BOTH players should be suspended one game. I wonder if this is the same DA that has charged Marshawn Lynch with a DUI but apparently won’t prosecute him until he gets injured or retires…

  36. sonoco says: Jul 18, 2013 11:14 PM

    allidoiswin55

    Nice speech … yawn.

  37. trollhammer20 says: Jul 19, 2013 12:20 AM

    In other news, the Santa Clara County Prosecutor’s Office received an upgrade from a bloc of seats in the end zone to a fifty yard line luxury skybox at the new stadium.

    And now, the weather…

  38. greenmeattruck says: Jul 19, 2013 1:33 AM

    So, this will go down the same road as when Michael Irvin stabbed an unidentified O-Lineman in the neck in the lockeroom (allegedly)?

    Great strategy, Rodger, keep it all on lockdown if you can, and if the undeniable truth gets out, suspend them, thereby retaining the “halo” worn by the NFL!

  39. texaned80 says: Jul 19, 2013 1:38 AM

    Wow, MURDER is really the only thing these guys cant get away with. Wait…. Im not so sure about that either.

  40. hjworton46 says: Jul 19, 2013 1:53 AM

    If Mr. Brooks has any conscience and/or clear idea of right and wrong, he’ll come out and publicly apologise for his actions. DUI is a huge deal, as is assault. These are not things that can be swept away just because Pro Footballers do ‘em. Shame on both Brooks and the Niners if they say and do nothing here.

  41. joetoronto says: Jul 19, 2013 3:54 AM

    mgpet says:
    Jul 18, 2013 8:30 PM
    The Niners and Cowboys are neck and neck in the “Classiest Organization in the NFC” race, it seems.
    ***************************************************
    No team comes close to the Bungals, none.

  42. daburgher says: Jul 19, 2013 6:40 AM

    Could you imagine the outrage if it woud have been a white player assaulting a black player… Smh

  43. souldogdave says: Jul 19, 2013 6:50 AM

    Funny how they drop the charges on the 49er who is obviously guilty, but they prosecute the Raider rook for defending himself in a bar. Must be nice to have friends in high places.

  44. chrisk61 says: Jul 19, 2013 6:59 AM

    niners seem to be coming undone a bit. wonder if harbaugh is starting to lose control of the team. will be interesting to see if they maintain their standing as a deep playoff team. what happens in their div ? does seattle unseat them ? does upstart st louis pass them too ? i predict niners take a step back but still make playoffs as wildcard. but the downward slide has begun…

  45. ColtsWinColtsWin!! says: Jul 19, 2013 9:44 AM

    What a rotten bunch of players the 9ers have. Shame Shame Shame!

  46. ranger764 says: Jul 19, 2013 10:17 AM

    Fire up the PFT lynch mob. Let all the self righteous readers out to say what a piece of trash and how stupid all of these guys are. Because normal people just don’t make mistakes. Maybe it’s that we just don’t hear about it because it’s not front page news. I’m so tired of the “Stay Classy” comments. Just because some of these players make mistakes, doesn’t mean the organization stinks (except Cincy). Think about it, you pay grown men lots of money to play a violent game on the field and then expect them to be choir boys off the field, doesn’t really add up now, does it?

  47. trollhammer20 says: Jul 19, 2013 1:47 PM

    Not really, ranger.

    It’s just what when an incident arises where someone is smashed in the head with a bottle, some people kind of expect the smashee to face some form of justice….or, if the smasher was also involved in the fight in some malicious way, that perhaps both parties might face some type of justice.

    Can guarantee that if this happens to someone who isn’t some kind of big-shot that it’s very likely charges of some kind are getting filed. But, it’s different if you have money, throw a little around and people stop complaining, which is likely what happened here.

  48. japadacktle49 says: Jul 19, 2013 4:39 PM

    Colts Win Colts Win yippie!

  49. bighurt228 says: Jul 19, 2013 4:46 PM

    Typically boys will be boys stuff…….gotta love the modern version of Goodells NFL……really makes you wonder why we sit and watch this stuff on a Sunday.

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