Teen suspect in Ricky Pearsall shooting "very sorry," defense attorney says after 1st court appearance

Carlos Castañeda Carlos Castañeda | 09-05 08:14

The 17-year-old suspect in the shooting of San Francisco 49ers rookie wide receiver Ricky Pearsall made his first court appearance Wednesday afternoon.

The unidentified suspect appeared at a hearing at the city's Juvenile Justice Center where the judge will determine whether or not to charge him as an adult.

During his arraignment, the teenager stared straight ahead and did not turn to acknowledge his parents who were in attendance.

Remarks from defense attorney

Following the hearing, Deputy Public Defender Bob Dunlap told reporters outside of court that his client, a high school senior, had no prior criminal record and was remorseful over the incident. 

"He's very sorry, genuinely, that this did happen, as is his family, said Dunlap. "And I can say that on their behalf as well as my own behalf, that our thoughts go out to the Pearsall family and Mr. Pearsall himself."

Dunlap did not have an immediate response to the allegations against his client.

"Well, you know, it's really too soon to tell for me because I don't have all the evidence yet," Dunlap said. "I've just seen a police report. I have seen the video, of which I'm sure there's a lot of, and I'm very anxious to see it because I think it will shed a lot of light on the actual shooting portion of the incident."

The resident of Tracy, about 60 miles east of San Francisco in San Joaquin County, faces charges of attempted murder with an enhanced allegation of discharging a firearm, assault with a semiautomatic firearm, and attempted second-degree robbery. Other charges include carrying a loaded firearm, having a concealed firearm, being a minor with a handgun, and damage to personal property.

Pearsall is recovering after being shot in the chest on Saturday in San Francisco's Union Square. The 49ers' top pick in the 2024 NFL Draft was shot as he struggled with a gunman who tried to rob him, according to police. Cellphone footage showed first responders gingerly walking Pearsall to an ambulance. Pearsall's mother said on social media that a single bullet entered through the right side of his chest and exited out of his back, missing vital organs.

During the struggle with Pearsall, the suspect was also shot with his own gun. Dunlap said the bullet passed through his left arm but escaped major injury.

Possible adult charges for teenage suspect

On Tuesday, San Francisco District Attorney Brooke Jenkins said police were investigating aspects of the teenager's background that could change the disposition of the charge that would lead to the teen's case being transferred to adult court.

Following Wednesday's hearing, Dunlap said he didn't think transferring the case to adult court was warranted.

"Well, I'm certainly hoping that they don't do that. I think that my client certainly should be treated as a juvenile. He is a juvenile," said Dunlap. "It's very rare for transfer to occur. This is obviously a serious case, a shooting. In the normal course of events, this would not warrant transfer. I hope it doesn't in this case.

"I'll say this, too. I saw District Attorney Brooke Jenkins' press conference yesterday where she said the status of the victim shouldn't determine the outcome of that decision, and I give her a lot of credit for saying that. Obviously, there's a lot of pressure from the media, national media, the way it's being spun in different arenas, for her to make that sort of a decision. But the only reason you're here talking to me is because Mr. Pearsall is a 49er, let's be honest about that, but that status alone shouldn't dictate that outcome."

Legal experts said a transfer from juvenile to adult court all depends on the case, including whether the juvenile has any criminal history.

"You have a person that committed an egregious offense. And we think because this person committed this adult-like offense, that they should be tried as an adult," Cal State East Bay criminal justice professor Dr. Lisa Hill told CBS News Bay Area. "But behavior does not imply that a person is mature enough to be transferred to the adult system."

The maximum age for juvenile court is 25 years old. Hill said the judge and probation department would have to consider several factors.

"The big question is whether or not this person, by the expiration of the juvenile court, can be rehabilitated," sa.  Yes, it's a serious offense but how can we this is a juvenile, how can we save this person? What resources do the juvenile court have at their disposal?" she said.

A probation officer recommended the teen be transferred to San Joaquin County, where he is facing an unrelated pending matter that was not disclosed. However, Judge Roger Chan said the suspect would remain in custody in San Francisco.

His next court appearance was scheduled for Tuesday at 1:30 p.m 

Pearsall back with the team

Pearsall returned to the team's facilities in Santa Clara on Tuesday, less than 72 hours after the shooting. General manager John Lynch told reporters Pearsall's recovery was "nothing short of miraculous" and that the team expects him to play this season. Pearsall will miss at least the first four games of the regular season after being placed on a non-football injury reserved list.

"He's going to need that time physically. He's going to need that time emotionally, mentally, and we made that decision," said Lynch. "When we drafted Ricky, we did it for the long term, and Ricky's going to be a fantastic player here."

Lynch told reporters it was "by the grace of God" that Pearsall was back with the team so quickly.

Sooji Nam contributed to this report.

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