Napa County District Attorney Gary Lieberstein announced this afternoon that his office has completed its review of the extensive and excellent investigation by the Napa Police Department, including police reports, medical records, interviews of several witnesses present at the time of the incident in question, as well as multiple statements by the alleged victim, Randy Hanson. District Attorney Lieberstein stated, "We have concluded that the facts and evidence developed do not warrant criminal charges be brought against Tom Cable in regards to an incident which occurred on August 5, 2009 in a hotel room at the Oakland Raiders’ training camp in Napa."
In order to better appreciate the time and process involved in reviewing this matter, it is important to understand the duties of the District Attorney in determining whether or not to file criminal charges. The central job of a prosecutor is to seek justice. Prosecutors are ethically required not to prosecute cases when they believe that it is unlikely that a jury would reach a verdict of guilty beyond a reasonable doubt based on the evidence and facts known to them, and/or that it would not be in the interests of justice to bring such charges. It is the conclusion of this office, therefore, that we do not believe a jury would convict Mr. Cable of any offenses beyond a reasonable doubt.
In applying the above standards, a review of the most credible evidence and likely testimony at trial would establish that there were no blows or punches thrown at or near Randy Hanson, nor were any verbal threats made by Tom Cable towards Mr. Hanson. Based on our review, it appears that during a discussion amongst coaches and Mr. Cable regarding Mr. Hanson’s future with the Oakland Raiders, Mr. Cable became angry and rushed toward Mr. Hanson. At that juncture, one of the other coaches in the room stepped in between the two and Mr. Cable bumped into him, which in turn caused that coach to bump into Mr. Hanson’s chair in which he was leaning back, with his feet upon the table. As a result of the force, Mr. Hanson fell over, at which time he most likely fractured his jaw. This conclusion is supported by the statements of independent witnesses present in the room, including and especially the coach who bumped into Mr. Hanson’s chair. The same witnesses did state that after Mr. Hanson was on the ground, Mr. Cable grabbed him by the shirt . The witnesses also made it clear, however, that at no time during this incident did Mr. Cable strike Mr. Hanson.