Ricky Pearsall Shooting Suspect's Lawyer Argues For Lesser Charges: ‘Attempted Robbery, Not Attempted Murder’

The 17-year-old suspect accused of shooting San Francisco 49ers rookie Ricky Pearsall during a botched robbery was formally charged with attempted murder last week. But his attorney believes new video evidence supports a lesser charge.

San Francisco Deputy Public Defender Bob Dunlap said video footage of the Aug. 31 incident shows "it was a rather extended struggle" between his client and Pearsall. The evidence, in his opinion, proves that the charges should be lessened.

"It supports what's always been my belief and theory in this case, that this is an attempted robbery, not an attempted murder," Dunlap said.

Teen Who Shot Ricky Pearsall Is Remorseful, According To His Lawyer

The would-be-thief targeted Pearsall for his Rolex watch while he was walking in San Francisco's Union Square on his way to a signing event, according to reports. Both Pearsall and the 17-year-old from Tracy, Calif., suffered gunshot wounds during the struggle, which happened in broad daylight. Pearsall was shot in the chest and the bullet exited through his back, while the suspect was shot in the arm.

San Francisco District Attorney Brooke Jenkins charged the suspect last week with attempted murder, assault with a semiautomatic weapon and attempted second-degree robbery. The DA's office later added several gun-related charges. 

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

Dunlap said that he hopes the case won't warrant a transfer and that his client is "very sorry."

"He’s genuinely very sorry that this did happen, as is his family, and I can say on their behalf, as well as on my own behalf, our thoughts go out to the Pearsall family and Mr. Pearsall himself," Dunlap told reporters after a pre-trial hearing. "So, there is genuine, genuine remorse in that regard. He is a young boy."

As for Pearsall, he was released from the hospital the day after the shooting and returned to the 49ers' facility two days after the incident. He was placed on the NFI list, which means he'll miss at least the first four weeks of the season.