The Santa Clara County District Attorney has decided not to pursue charges against 49ers linebacker Ahmad Brooks, who had been accused of beating teammate Lamar Divens repeatedly over the head with a Heineken bottle last month. District attorney Jeff Rosen concluded there was not enough evidence to convict Brooks, a two-year starter with the 49ers.

Nearly three weeks ago, the district attorney's office originally sought - and obtained - a warrant for felony assault with great bodily injury, which carries a maximum sentence of four years. There was conflict in the district attorney's office on whether the warrant should be served, however, and it was decided that more information was needed before a warrant could be served.

According to court records, Brooks, Divens and two rookie defensive teammates - undrafted rookies Lawrence Okoye and Mike Purcell - had been drinking in San Jose on June 8 when they returned to Brooks' home in Brooks' truck. After Divens, who had been driving, jokingly pretended to throw Brooks' keys into the yard, Brooks hit him repeatedly over the head with a beer bottle and punched him in the face, opening a gash that needed to be closed with stitches. Brooks also threatened to retrieve a gun, according to court records.

Brooks, 29, was described in the police report found in the court records as "very drunk." Officers who responded said Divens, 27, did not show any outward signs of being intoxicated. Divens had been serving as the group's driver that night.

Divens initially told police he would press charges but five days later changed his mind, telling police that doing so would be "bad for both of their careers." Divens' decision not to press charges was one of the reasons why there has been disagreement in the District Attorney's office on how to charge Brooks or whether to charge him at all. The invesitiogation also turned up new evidence that showed Brooks may have been acting in self defense, according to the district attorney's office.