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Report: 49ers LB Ahmad Brooks won't be charged with assault

By John Breech | CBSSports.com

Ahmad Brooks reportedly won't be charged with assault following an incident in June where he allegedly struck a teammate with a beer bottle. (USATSI)
Ahmad Brooks reportedly won't be charged with assault following an incident in June. (USATSI)

San Francisco linebacker Ahmad Brooks will not be charged with assault following a June incident for allegedly striking teammate Lamar Divens with a beer bottle, according to the Sacramento Bee.

The Santa Clara County district attorney's office cited new evidence in making the decision not to charge Brooks.

The new evidence included Divens allegedly demanding $1 million from Brooks, according to the Bee. The DA's office also found out that this wasn't the first incident between Divens and Brooks. The two men were also involved in an incident in May that led to a two-inch gash on Brooks' leg.

"I have reviewed the memo and agree with its conclusion," DA Jeff Rosen said in a statement. "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."

Almost three weeks ago, a warrant for Brooks' arrest was filed -- but not served. 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 with a Heineken bottle, then began cursing before allegedly asking, "Do I need to get my [expletive deleted] gun?"

The resolution in the case comes less than a week before the 49ers are set to begin training camp. San Francisco's veterans are scheduled to report next Wednesday.

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