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Defendant's lawyer hopes video of “prolonged struggle” can refute attempted murder charge [Video]

Defendant's lawyer hopes video of “prolonged struggle” can refute attempted murder charge [Video]

The defendant in the Ricky Pearsall case is charged with three felonies, the most serious of which is attempted murder. His attorney hopes a video of the incident will help fight that charge.

San Francisco Public Defender Robert Dunlap told reporters Tuesday that his investigator found new surveillance footage of the Aug. 31 incident in which his 17-year-old client is accused of shooting the San Francisco 49ers rookie while trying to rob him.

From The Athletic:

“It was a pretty long struggle between Mr. Pearsall and my client,” Dunlap said, describing this surveillance video. “They were really fighting back and forth on the sidewalk. As you can imagine, Mr. Pearsall has the upper hand. He does a sort of – I don't know if you've wrestled before or not – a nice hip throw, throws my client to the ground and lands on top of him.”

” … I find [the video] supports the assumption that this was an attempted robbery and not an attempted murder.”

Pearsall brings a 6'3″, 180 pound frame to a fight, and of course the athleticism of an NFL player. Whatever the outcome, it ended with both Pearsall and the defendant suffering gunshot wounds.

Pearsall was shot in the chest, but fortunately the wound was reportedly through and did not damage any vital organs. He was released from the hospital after a day and was able to report to the Niners' practice four days later.

Meanwhile, the suspect was shot again in the forearm.

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

The defendant in the Ricky Pearsall case faces attempted murder charges. (David Gonzales-Imagn Images) (USA TODAY Sports via Reuters Connect / Reuters)

Dunlap also reportedly denied a Daily Mail report claiming the defendant had “brandished a gun at his high school just a week earlier.” Although another incident involving the defendant was reported in his hometown, Dunlap said that did not match the Mail's report:

“The Daily Mail report was false,” Dunlap said. “My client did not have a gun at school. It is a hoax.”

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

A juvenile justice trial would mean that the defendant could only be imprisoned until the age of 25.

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