Arrest warrant in 49ers’ beer-bottle brawl set aside
By MIHIR ZAVERI Associated Press July 3, 2013 2:54PM
SAN FRANCISCO — An arrest warrant alleging that San Francisco 49ers linebacker Ahmad Brooks hit a teammate on the head with a beer bottle has been shelved at the request of prosecutors, a court spokesman said Wednesday.
Authorities in San Jose sought the warrant last week to arrest Brooks on suspicion of committing felony assault with a deadly weapon. A judge signed it last Thursday, but the county district attorney’s office asked to have it set aside the next day, Santa Clara Superior Court spokesman Joe Macaluso said.
A call to the district attorney’s office was not immediately returned Wednesday.
According to police, Brooks hit teammate Lamar Divens with the bottle three times and then punched him in the face during an early morning argument on June 8. The alleged attack left Divens with a 3-inch cut on his forehead, according to police statements accompanying the warrant application.
Brooks, Divens, and others had been drinking and went to a bar before returning to Brooks’ house. Divens pretended to throw Brooks’ keys in the grass, though he had actually held onto the keys, prompting the attack, according to the statements.
Investigators were told Brooks was intoxicated and had threatened to get a gun, according to the statements.
Macaluso said requests by prosecutors not to execute arrests warrants are not uncommon.
A person who answered the telephone at a number listed for Brooks referred comment to the 49ers. The team said in an email that it was aware of the situation, but would not comment for now.
Brooks started every regular-season game last season, finishing with 46 tackles, 6.5 sacks, an interception and two forced fumbles.