On June 8, 49ers linebacker Ahmad Brooks allegedly struck his teammate, nose tackle Lamar Divens, three times in the head with a beer bottle before punching him in the face in an argument over car keys outside Brooks' San Jose, Calif., home, according to court documents (via MercuryNews.com).
Now a warrant for Brooks' arrest has been put on hold while the Santa Clara County District Attorney's Office debates whether to charge Brooks with a misdemeanor, a felony, or to not charge him at all.
According to the warrant application, two other unidentified members of the 49ers witnessed the attack, and one gave a recorded statement to police. According to the witness, Divens drove Brooks home because Brooks was too intoxicated to drive. When Brooks asked for his keys, Divens pretended to throw them in the grass before he started to hand them to Brooks. It was then that Brooks allegedly hit Divens in the head, then began cursing before allegedly asking, "Do I need to get my (expletive deleted) gun?"
More details via MercuryNews.com:
Buoyed by the taped eyewitness statement -- and by Brooks' prior record -- prosecutors who routinely handle battery and assault cases submitted an application Thursday to Judge Sharon Chatman seeking an arrest warrant on a felony assault with great bodily injury charge. It carries a maximum sentence of four years behind bars.
A day later, after the judge signed the warrant, higher ranking officials in the DA's office took the rare step of intervening and notified the court at 4:30 p.m. Friday to hold it, a court spokesman said. Sources said some members of [District Attorney Jeff] Rosen's administration view the case as a wobbler -- meaning it could be pursued as a misdemeanor instead of a felony -- and others want to drop it entirely.
Divens, who initially wanted to press charges, has told police that he and Brooks were nearing a resolution. Two days after the incident, Divens phoned a San Jose officer to say he wanted to "drop it."
"He said this would be bad for both of their careers and that he just wanted to keep playing and that they had resolved it," the officer said, according to the documents.
Brooks, who signed a six-year, $44.5-million contract extension with the 49ers, is no stranger to off-field troubles. In 2008, while a member of the Bengals, he was accused of punching a woman in the face. According to media reports, he accepted mediation on those charges. Brooks was also dismissed from the University of Virginia football team at the end of the 2005 season for an unspecified off-field incident.
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