Officer who shot Rayshard Brooks charged with murder, aggravated assault, other charges

The Fulton County district attorney has issued arrest warrants in the shooting death of Rayshard Brooks.

DA Paul Howard said he is charging Officer Garrett Rolfe with 11 counts including felony murder and aggravated assault, criminal damage to property and violations to his oath of office.

Officer Devin Brosnan is being charged with aggravated assault and two violations of oath of office.

Howard said the DA’s office was able to interview several witnesses to the shooting as well as 8 videos that recorded the incident.

Those videos included surveillance, body cam and personal cellphone video.

Howard said they have examined the Taser stun guns used in the incident as well as spoken with officials from the company about how they are used.

Howard said following the shooting, the officers failed to render aid to Brooks for 2 minutes and 12 second.

“During that 2 minutes and 12 seconds, Officer Rolfe actually kicked Mr. Brooks as he laid on the ground, while he was there fighting for his life,” Howard said. “Officer Brosnan actually stood on Mr. Brooks shoulder.”

Howard said his office concluded at time of Brooks’ death, he did not pose a threat to the officers. He said Brooks was running away from the officers when Rolfe shot him in the back two times. Howard said Rolfe exclaimed, “I got him,” after shooting Brooks two times.

Brosnan has now become a state witness, and has admitted he was standing on Brooks’ shoulder following his death.

Howard said his office is recommending no bond for Rolfe.

The investigation stems from the weekend police shooting that killed Brooks, who was found sleeping in a car in the drive-thru of a southwest Atlanta Wendy’s.

According to the officers’ body camera footage, one of the officers tried to put Brooks in handcuffs, but Brooks struggled, grabbed one of the officers’ Tasers and ran away.

Brooks then pointed that Taser back at the officers. That’s when the video showed an officer firing three shots at Brooks, killing the 27-year-old father of three.

Since Saturday’s shooting, Howard said he’s reviewing ballistic evidence before he makes a final decision.

The officer who fired the deadly shot, Rolfe, was fired from the Atlanta police department. The other officer, Devin Brosnan, has been placed on administrative duty.

The attorney for Rolfe released the following statement Wednesday prior to the DA’s news conference:

“On June 12, 2020, a Wendy’s employee called 911 to report a man was passed out behind the wheel of his vehicle and blocking traffic in the drive-through. Officer Brosnan responded, and made contact with the driver, Rayshard Brooks. After determining alcohol may have been a contributing factor, he requested Officer Rolfe’s assistance. Officer Rolfe, a member of the High Intensity Traffic Team and the Governor funded HEAT Unit, has specialized training in DUI investigations. He has made at least 300 DUI arrests, and completed the 160-hour Drug Recognition Expert course, graduating as valedictorian. After a thorough investigation, Officer Rolfe determined Mr. Brooks was impaired and driving a vehicle in violation of Georgia law. Officer Rolfe was polite and courteous to Mr. Brooks during the entire encounter. Mr. Brooks was polite and cooperative until Officer Rolfe placed him under arrest.

“Suddenly, without warning or provocation, Mr. Brooks chose to violently attack two uniformed police officers. Officers Brosnan and Rolfe used the least amount of force possible in their attempts to place Mr. Brooks into handcuffs. They attempted to leverage him to the ground while giving him loud, clear verbal commands. In response, Mr. Brooks continued actively resisting lawful efforts to arrest him. He then escalated his resistance by punching Officer Rolfe in the face committing several counts of felony obstruction of an officer. See O.C.G.A. §16-10-24. In an effort to place Mr. Brooks under arrest and stop his assault, Officer Rolfe lawfully deployed his TASER twice, but it had no effect on Mr. Brooks.

Mr. Brooks continued his assault and disarmed Officer Brosnan, stealing his city-issued TASER committing a robbery, another forcible felony under Georgia law. See O.C.G.A. §16-8-40 & O.C.G.A. §16-10-33 . Mr. Brooks, then armed, began running through a crowded parking lot. Mr. Brooks was lawfully under arrest and Officer Rolfe pursued him. Officer Rolfe had deployed his taser and held it steady in hopes the prongs would catch onto Mr. Brooks body and neutralize him. Unfortunately, that didn’t occur.

“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. 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’ back. Officer Rolfe immediately stopped firing when Mr. Brooks fell to the ground since there was no longer an imminent threat towards Officer Rolfe or others. Officer Rolfe gathered himself, and then immediately called for EMS. Officer Rolfe retrieved first-aid supplies and began rendering aid to Mr. Brooks. When Mr. Brooks’ pulse stopped, Officer Rolfe immediately began CPR until EMS relieved him.

“The loss of life in any instance is tragic. However, Officer Rolfe’s actions were justified under O.C.G.A. §17-4-20 and O.C.G.A. §16-3-21. A peace officer may use deadly force to 1. arrest a suspected felon when he reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others, 2. to protect himself and others from a life-threatening injury, and 3. to prevent the commission of a forcible felony. Mr. Brooks violently attacked two officers and disarmed one of them. 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 Georgia Bureau of Investigation will complete an impartial investigation. Mr. Brooks’ family, the citizens of Atlanta, and Officers Rolfe and Brosnan, all desire a fair and thorough investigation including learning why Mr. Brooks suddenly turned violent. Officer Rolfe is well known to the courts and there is no compelling reason to bring any charges against them before the GBI has completed its investigation and published its findings.”

FULL RAYSHARD BROOKS COVERAGE:

• New photos released to find woman accused of starting Wendy’s fire during protests
• ‘They shot him down like a dog.’ Father wants justice in killing of Rayshard Brooks
• Witness describes shooting of Rayshard Brooks, says it was ‘worst possible outcome’
• “How many more protests will it take?” Rayshard Brooks family calls for ‘drastic change’ of police department
• 911 call details moments that led up to killing of Rayshard Brooks'
• Tyler Perry to pay for funeral of Rayshard Brooks
• Autopsy reveals Rayshard Brooks died from two gunshot wounds to the back
• Rayshard Brooks’ wife says police have destroyed her family
• DA to make decision next week about whether to charge officer in Rayshard Brooks death
• $10,000 reward for information on suspects who started Wendy’s fire
• DA says felony murder charge on table in Rayshard Brooks shooting after ‘unreasonable’ escalation
• PHOTOS: Mourners set up memorial to Rayshard Brooks outside Wendy’s
• Rayshard Brooks: APD releases body camera footage from deadly Wendy’s shooting
• Atlanta Police Chief Erika Shields resigns after shooting death of Rayshard Brooks
• Multiple protests held across metro Atlanta Sunday
• Timeline: Here’s how protests unfolded Saturday night
• PHOTOS: Protesters rally after deadly police shooting near Wendy’s
• Video released of moment man was shot, killed by police outside Atlanta Wendy’s

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