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Phil Matier: Release Of Suspect In Dodgers Fan Fatal Stabbing Splits Law Enforcement

SAN FRANCISCO (KCBS) - The investigation into the fatal stabbing of a Dodgers fan near AT&T park last week has prompted a divide between police and the district attorney's office in San Francisco.

All finger-pointing, however, is behind the scenes. So while it's not public at all, it's impossible to go into the Hall of Justice and get into an elevator or walk down a hallway without somebody taking one side or the other.

Some police are think that District Attorney Gascon have let Michael Montgomery, 21, of Lodi get away with murder in the fatal stabbing of Jonathan Denver, 21. The district attorney's office, however, think that police dropped an un-winnable case on them.

Phil Matier: Fatal Stabbing Of Dodger Fan Splits Law Enforcement

Denver was fatally stabbed when he and his companions, including his father and brother, got into it on the street with Montgomery and three friends from Lodi who were nightclubbing in the South of Market. There is general agreement that the fighting started when the groups started trash-talking each other's teams.

Montgomery, the Giant fan who has admitted his actions, fled the scene, threw away the knife and claims it was self-defense.

Police know it started with a fist fight and ended up with a knife; there is something there— they think—that is against the law.

So what level of proof is there? Is it beyond reasonable that it wasn't self-defense? Gascon doesn't think so, even if he might think the Montgomery is responsible somehow.

Whatever the case, everyone's out there trying to find independent witnesses because everybody on both sides has different stories. In addition to that, everyone was drinking—how would that go over in court?

The police are checking video from nearby businesses and they are even interview homeless people who may have been witnesses.

I'm not sure they are ever going to get a clear answer.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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