San Francisco 49ers linebacker Ahmad Brooks will not face assault charges said the Santa Clara district attorney’s office according to the Associated Press.
Karyn Sinunu, an assistant district attorney, said there was not enough evidence to prove Brooks hit a teammate in the head with a bear bottle on June 8.
Earlier in July, the D.A.’s office said no arrest warrant was provided for Brooks after one was wrongly filed.
According to police, Brooks and defensive tackle Lamar Divens got into an argument that day. Brooks picked up a bottle and hit Divens three times in the head. This was followed by a punch to Divens face. Police statements said the purported assault left the DT with a three-inch gash on his forehead.
Police statements stated the two gentlemen and a few others were drinking. They visited a bar before returning to the linebackers house. At one point, Divens acted as if he threw Brooks keys into the grass, which caused Brooks to start the attack. Law enforcement was told the linebacker was intoxicated and even said he would get a gun.
A memo from the D.A.’s office released Thursday which announced the case’s dismissal said the two teammates had fought in June and May at Brook’s home.
"I have reviewed the memo and agree with its conclusion," said district attorney Jeff Rosen through 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."
Brooks, a seven-year veteran, started every game for the 49ers during the 2012 regular season. He had 46 tackles, 6.5 sacks, two forced fumbles and an interception. In the 49ers post season run to the Super Bowl (where they lost 34-31 to the Baltimore Ravens) he had 7 tackles and one sack.
He was chosen by Cincinnati during the third round of the 2006 supplemental draft. His last five seasons have been with the 49ers.
