Criminal attorney comments on charges against teen in shooting of 49er Ricky Pearsall

SAN FRANCISCO — The teen suspect charged with attempted murder, assault and robbery in the shooting of 49er wide receiver Ricky Pearsall on Aug. 31 could be tried as an adult, a local criminal attorney says. 

Ivan Golde told CBS News Bay Area the unnamed 17-year-old from Tracy, California is facing steep penalties, even though he's being held in juvenile court. 

"These charges can carry above 10 years," Golde explains. "There was a gun involved. This child is likely to be charged as an adult. When you commit an adult crime, a sophisticated crime, and you're close to 18 and if this minor has priors this minor will definitely be charged as an adult."

Pearsall sustained a gunshot wound to the chest but is recovering at home after a one-night hospital stay and is expected to make a full recovery. 

The suspect was apprehended by SFPD officers near the scene. Little is known about the teen largely due to legal protections for minors. But Golde said a high-profile crime paired with national pressure to combat crime in San Francisco may have led to a more severe charge from city officials. 

"This case will be an example," Golde said. "Usually there wouldn't be an attempted murder charge. Usually, a robbery and someone is shot it's assault with a deadly weapon not an attempted murder charge. This case is being overcharged."

The suspect, who is expected to be arraigned Wednesday at a youth guidance center in San Francisco. District Attorney Brooke Jenkins would have to file a motion to transfer the suspect to adult court, which would have to be approved by a judge. 

In 2022, Jenkins said her office would not file transfer petitions for juveniles to try them as adults for 16- and 17-year-olds, with the exception of being accused of a heinous crime like attempted murder.

"Attempted murder is one of those charges. But again, it's for consideration we have to look at the facts, we have to look at the minor's history, we have to look at a number of things to determine of whether we think it's appropriate to seek transfer," Jenkins said at a press conference Tuesday.  "I just again don't have all of the information yet to make that determination."

But for now, the case will play out in the juvenile court system, until any requests are filed and granted. 

As serious as the charges are, San Francisco resident Greg Owens said such a young person should not be tried as an adult. 

"To condemn him for the rest of his life, which is a possibility if he's tried as an adult, is detrimental," Owens told CBS News Bay Area. "He can use what he's been through to help others not go through it." 

He said at the end of the day, it's a lose-lose situation, and is keeping Pearsall and the teen in his thoughts. 

"I feel sorry for the player and definitely prayers for the family and the kid as well because 17-years-old that's a decision he'll have to live with for the rest of his life," Owens said.

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