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.