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No charges will be filed against 49ers' Brooks

The SportsXchange

San Francisco 49ers linebacker Ahmad Brooks will not face assault charges after an incident involving teammate Lamar Divens in June.

The Santa Clara County District Attorney decided not to pursue the case after it determined there was not enough evidence to gain a conviction. An arrest warrant for Brooks had been filed in error, the district attorney's office said earlier this month.

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

Initial reports indicated that Brooks repeatedly hit Divens with a beer bottle when Divens would give hand over car keys because he thought his teammate was too drunk to drive. Divens sought to press charges immediately afterward but then changed his mind, saying it might hurt their careers. Two other teammates witnessed the altercation.

Procecutors later uncovered evidence that raised doubts about what happened. The investigation raised the possibility that Brooks might have acted in self-defense, that Divens allegedly requested money from Brooks and that the two had previous run-ins.

Brooks, a seven-year NFL veteran, started all 16 regular-season games last year and had 46 tackles, 6.5 sacks and one interceptions for the NFC champion 49ers.

Divens, a defensive tackle, signed with the 49ers in February. He has not played in an NFL game since 2010 with the Baltimore Ravens.
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