Tuesday, November 5, 2024

Ricky Pearsall shooting: Defendant’s lawyer hopes video of ‘extended struggle’ can nullify attempted murder charge

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The defendant in the Ricky Pearsall shooting faces three criminal charges, the most serious of which is attempted murder. His lawyer is hoping a video of the incident will help on that charge.

San Francisco public defender Robert Dunlap told reporters Tuesday that his investigator has unearthed new surveillance footage of the incident on Aug. 31, in which his 17-year-old client is accused of shooting the San Francisco 49ers rookie while attempting to rob him.

From The Athletic:

“It was a rather extended struggle between Mr. Pearsall and my client,” Dunlap said, describing this security footage. “They were really fighting back and forth on the sidewalk. As you might imagine, Mr. Pearsall gets the best of it. He does kind of — I don’t know if you’ve ever wrestled or not — a nice hip toss and throws my client to the ground and ends up on top of him.

“… I think (the video) supports that this is an attempted robbery and not an attempted murder.”

In a struggle, Pearsall brings a 6-foot-3, 189-pound frame and, obviously, the athleticism of an NFL player. However it went down, it ended with both Pearsall and the defendant receiving gunshot wounds.

Pearsall was shot in the chest, but fortunately the wound was reportedly a through-and-through that didn’t hurt any vital organs. He was released from the hospital after one day and was able to make an appearance at Niners practice four days after that.

The suspect, meanwhile, was shot in the forearm in another through-and-through.

Sep 9, 2024; Santa Clara, California, USA;  San Francisco 49ers wide receiver Ricky Pearsall (14) enters the field before a game against the New York Jets at Levi's Stadium. Mandatory Credit: David Gonzales-Imagn Images

The defendant in the Ricky Pearsall shooting is facing an attempted murder charge. (David Gonzales-Imagn Images)

Dunlap also reportedly denied a Daily Mail report that claimed the defendant “brandished a gun at his high school just one week before.” While another incident involving the defendant in his hometown has been reported, the Dunlap said it wasn’t what the Mail reported:

“The report in the Daily Mail was false,” Dunlap said. “My client did not have a gun at school. It’s a false report.”

In the hearing Tuesday, the defendant reportedly waived his right to a speedy trial. He will remain in custody until at least his next hearing scheduled for Sept. 26. Dunlap told reporters he hopes a decision on pursuing the case in juvenile or adult court will be made.

Being tried in the juvenile system would mean the defendant could only be imprisoned until the age of 25.

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