The former Atlanta police officer who fatally shot Rayshard Brooks after a DUI stop Friday has been charged with felony murder and other offenses, the prosecutor announced Wednesday, less than a week after the 27-year-old black man’s killing set off a new wave of protests against racism and police brutality in the city.
Fulton County District Attorney Paul Howard announced 11 charges against Garrett Rolfe, including aggravated assault with a deadly weapon and violations of his oath of office. He called Brooks’ss killing unjustified, saying he posed no threat to Rolfe’s life during the encounter.
“Mr. Brooks on the night of this incident was calm, he was cordial and really displayed a cooperative nature,” Howard said at an afternoon news conference in downtown Atlanta, adding that Brooks “followed every instruction” the officers gave during their 41-minute encounter. “Mr. Brooks never presented himself as a threat.”
The law firm disputed that characterization in a statement released after that news conference, saying Brooks “chose to violently attack two uniformed police officers” when Rolfe tried to handcuff him, resisting arrest and stealing a taser.
“When Mr. Brooks turned and pointed an object at Officer Rolfe, any officer would have reasonably believed that he intended to disarm, disable, or seriously injure him,” the LoRusso Law Firm stated, justifying Rolfe’s decision to shoot.
A lawyer for officer Devin Brosnan, who was on the scene with Rolfe, disputed the prosecutor’s claim that Brosnan had agreed to become a cooperating witness for the state. Brosnan is charged with aggravated assault and violations of his oath of office, according to Howard.
“He is not a cooperating witness. He has not agreed to be a witness. He has not agreed to plead guilty,” attorney Don Samuel said in an email.
The district attorney said he had issued warrants in the case and asked the officers to surrender themselves by 6 p.m. Thursday. He is recommending no bond for Rolfe and a $50,000 bail for Brosnan.
“This is not the finish line. This is the starting point,” said Justin Miller, an attorney for Brooks’ss family, in an evening news conference. “We appreciate and we commend the DA’s office for charging these officers appropriately. But that’s just step one. Step two is convictions on all charges. And then after that, we have to find a way to make things right for the Brooks family.”
The district attorney’s announcement follows five days of rallies and marches demanding accountability from the officers in a city already galvanized by the nationwide movement to reform law enforcement. Weeks of demonstrations sparked by the killing of George Floyd – who was handcuffed and held down by Minneapolis police officers for nearly nine minutes before he died – have intensified pressure on public officials to hold officers liable for misconduct.
Rolfe was fired from the Atlanta Police Department after fatally shooting Brooks and Brosnan has been pulled off street patrols.
The officers had been dispatched to respond to a complaint about a man parked and asleep in the drive-through of a Wendy’s on the south side of Atlanta. Video showed Brooks cooperating as officers administered a sobriety test, after which Rolfe said, “I think you’ve had too much to drink to be driving.”, A scuffle broke out when officers tried to handcuff Brooks, who grabbed an officer’s taser. As he ran away, Brooks aimed the taser at Rolfe, who opened fire, hitting him in the back.
Howard said video shows Rolfe kicking Brooks as he lay on the asphalt dying, and Brosnan standing on Brooks’ss shoulders. He said the officers did not provide Brooks medical attention for more than two minutes after he fell to the ground.
“The demeanor of the officers immediately after the shooting did not reflect any fear or danger of Mr. Brooks,” Howard said.
The LoRusso Law Firm gave a different interpretation of the events, saying Rolfe had reason to fear Brooks after he took Brosnan’s taser.
“Instead of merely trying to escape, Mr. Brooks reached back with his arm extended and pointed an object at Officer Rolfe. Officer Rolfe heard a sound like a gunshot and saw a flash in front of him,” the firm said. “Fearing for his safety, and the safety of the civilians around him, Officer Rolfe dropped his taser and fired his service weapon at the only portion of Mr. Brooks that presented to him – Mr. Brooks’s back. Officer Rolfe immediately stopped firing when Mr. Brooks fell to the ground since there was no longer an imminent threat toward Officer Rolfe or others.”
Samuel, officer Brosnan’s attorney, called his client’s actions on Friday night “exemplary,” and said the decision to bring charges was “irrational and obviously based on factors which should have nothing to do with the proper administration of justice.” He said Brosnan never pulled out his gun and only pulled out a Taser – never activating it – when Brooks “resisted arrest and fought with both of the officers.” He said Brosnan was knocked to the ground, hit his head on the pavement and suffered a concussion and bruises to his arms and legs.
“Shame on the District Attorney for this abuse of his charging power. Shame on the District Attorney for not honoring his oath to uphold the constitution. Shame on the District Attorney for this rush to misjudgment,” Samuel said.
The state of Georgia was already on edge before Brooks’ss death. Protests began earlier this year when video emerged in May showing the death of 25-year-old Ahmaud Arbery, a black jogger who was chased down by two white men and shot. Though the incident occurred in February, authorities took more than two months to bring charges against the men, and did so only after the video was publicized. Protests expanded to Atlanta, some turning violent, after Floyd’s death ignited demonstrations worldwide last month.
Brooks’ss death set off a new round of protests over the weekend. The Wendy’s where he was shot was set on fire and thousands marched through the streets Monday, culminating with a rally at the state’s capitol.
A crowd of about 40 people gathered outside the charred remains of the fast-food restaurant Wednesday when the district attorney announced charges against the officers.
“F— the murder charge, we need capital murder charge,” one young woman holding a megaphone shouted after a man relayed the charges to the group. “Why we rejoicing?”
A woman from the Southern Christian Leadership Council who held the megaphone next took a more upbeat tone as she stressed 11 counts against the officer.
“Justice can be served today,” she declared. Few cheers erupted from the crowd.
Atlanta police chief Erika Shields resigned Saturday, and Atlanta Mayor Keisha Lance Bottoms announced Monday a series of administrative orders targeting police policies, such as requiring officers to use de-escalation techniques before using deadly force and mandating police to intervene when their colleagues use unreasonable force.
Brooks’ss family has called for broad police reform and a criminal conviction for the officer involved, noting the incident is one of many deaths of black men at police hands roiling the nation.
Chris Stewart, another attorney for the Brooks family, said in Wednesday’s news conference they were not celebrating the charges against the officers.
“Was this justice today? Not yet,” Stewart said. “Maybe one day this country will get it right with policing and we’ll all come together.”
When a reporter asked for Tomika Miller’s reaction to the revelation that an officer had kicked her husband after he was shot, she broke down.
“I was very hurt,” she said, her voice breaking, as an attorney rested his hand on her arm. “I don’t know what I would have done if I saw that for myself. But I felt everything for myself just by hearing what he went through. And it hurt. It hurt really bad.”
Stewart quickly ended the news conference. Brooks’ss widow walked out of the law firm office crying and wiping tears from her cheek.
(c) 2020, The Washington Post · Derek Hawkins, Matt Zapotosky, Fenit Nirappil
{Matzav.com}
WHO CAN BLAME POLICE OFFICERS NOW FOR CHOOSING TO PLAY SAFE AND BACK OFF FROM CONFRONTAION? ANARCHY IS WINNING.
Anyone who watches the video sees that this man was strong enough to throw two officers off of him and steal their taser in the process. He actually turned around and tried to taser the officer. Who is going to want to be a police officer any more? Defend yourself from a drunken criminal and be charged with MURDER. Very scary
This is ridiculous. I agree that these 2 cops should be fired – NOT because they killed a violent person who resisted arrest, stole a weapon, and fired it at the officers – but because they allowed a perpetrator to bring them down and steal one of their weapons. Incompetence at its worst.
BUT, by shooting at a cop, Rayshard Brooks forfeited his life.
Yehuda, you sound like a groisse macho with little to back up your big mouth.
This is insane. AMerica is literally allowing blm to use terrorism tactics to get what they want. Who in the world would agree, in today’s climate, to become a cop, when shooting a guy about to tase you can get you the death penalty?????