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Santa Clara District Attorney considering charging Ahmad Brooks with assault

The Santa Clara District Attorney's office is considering pressing charges against 49ers linebacker Ahmad Brooks for assault. We look at some of the details from the arrest warrant application, via the San Jose Mercury News.


Just when we thought things were quiet, something has happened. The San Jose Mercury News is reporting the Santa Clara District Attorney's office is considering whether to seek a warrant for the arrest of 49ers linebacker Ahmad Brooks on assault charges. The Merc is reporting Brooks got in a fight with teammate Lamar Divens, hit him in the head three times with a beer bottle, and then punched him in the face.

The details are sketchy at this point, and things seem rather bizarre. The Merc is reporting Divens initially wanted to press charges, but subsequently changed his mind. The Merc apparently got a copy of the arrest warrant application and provided a host of details from it.

The general gist of it based on that article is that Brooks, Divens and other 49ers players were at someone's house. They left for downtown San Jose to drink some more, before leaving for Brooks' house. Brooks was too intoxicated to drive and at one point Divens was not going to give him his keys back.

Divens pretended to chuck them onto the grass and then started to hand them to him.

Brooks then allegedly clocked Divens in the head with a beer bottle. Brooks allegedly began cursing and then struck him in the head again. Brooks allegedly asked Divens, "Do I need to get my (expletive deleted) gun?" and struck him again. Prosecutors also allege in the warrant that Brooks also punched Divens.

The police were called and took a report but there were no arrests. The police were in touch with Divens a few days later, but Divens said he and Brooks were discussing it and hopefully would reach a resolution. Divens called two days later and said he wanted to drop the charges. The warrant application included this comment: "[Divens] said this would be bad for both of their careers and that he just wanted to keep playing and that they had resolved it."

I have a few ideas what "resolved it" could mean, but we don't have any further details to clarify that end of things. The information was turned over to the DAs office for review, and it sounds like they were ready to issue a warrant for his arrest on felony assault charges. However, apparently some members of the DAs office view the case as a wobbler, which is a case that could reasonably pursued as a misdemeanor instead of a felony.

The whole situation is odd. We'll keep an eye on this and see how the situation resolves itself.