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Lawyer – Teen in Pearsall shooting should not be charged with attempted murder
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Lawyer – Teen in Pearsall shooting should not be charged with attempted murder

SAN FRANCISCO — The attorney for a 17-year-old high school student charged in the daytime shooting of San Francisco 49ers rookie receiver Ricky Pearsall said Tuesday that new video evidence supports his theory that the teen should not be charged with attempted murder.

San Francisco Deputy District Attorney Bob Dunlap said after a preliminary hearing in which the teen waived his right to a speedy trial that the evidence he found showed that what happened in Union Square on the afternoon of Aug. 31 was an attempted robbery, not attempted murder.

He said the footage he shared with prosecutors shows there was “quite a prolonged struggle” between the two, with Pearsall gaining the upper hand on the teenager.

“It confirms what I’ve always believed and what my theory has been in this case, which is that this was an attempted robbery and not an attempted murder,” Dunlap said.

Pearsall, 23, was walking alone to his car on Aug. 31 after shopping at upscale stores in Union Square when the suspect saw the NFL player wearing a Rolex watch and other expensive jewelry and tried to rob him at gunpoint, San Francisco police said.

A struggle ensued and both Pearsall and the teen were struck by gunfire from the suspect’s firearm, with the teen reportedly shot in the arm.

The teen, who lives in Tracy, a city about 60 miles east of San Francisco, was arrested about a block from where he allegedly confronted Pearsall.

San Francisco District Attorney Brooke Jenkins last week charged the teen with attempted murder, assault with a semi-automatic weapon and attempted second-degree robbery. Her office later added several weapons-related charges.

Jenkins has not yet decided whether to try the minor as an adult, saying her office needs time to investigate further and, if appropriate, petition the court to transfer the case to adult court. California law prohibits prosecutors from charging a minor as an adult without judicial approval.

The 49ers rookie was shot in the chest at close range, officials said. His mother, Erin Pearsall, posted on social media that the bullet went through the right side of her son’s chest and exited his back without hitting any vital organs.

Pearsall was released from the hospital the next day and was back with the team two days after the attempted robbery.

He attended the team’s season opener Monday night at Levi’s Stadium, where the first responders who helped him after the shooting were honored and received signed jerseys from him.