UPDATE: Police officer in Rayshard Brooks shooting charged with murder

DA Paul Howard

Former Atlanta police officer Garrett Rolfe has been charged with felony murder, aggravated assault and nine other charges in the shooting and killing of Rayshard Brooks, 27.

In explosive evidence revealed by Fulton County District Attorney Paul Howard, it was revealed that Rolfe uttered “I got him” after shooting Brooks twice in the back and then kicked his prone body. The second officer involved, Devin Brosnan, then stood on Brooks’ shoulders as he fought for his life. It was more than two minutes before either officer attempted to give required medical aid to Brooks.

Brosnan has turned state’s witness and will testify against Rolfe in the case. However, after Howard’s press conference. Brosnan’s attorney, Don Samuel, told the AJC that “it’s absolutely untrue” that his client agreed to be a witness, denying that his client admitted guilt or did anything wrong.

Both men have been ordered to turn themselves in by 6 p.m. on June 18. Howard recommended a $50,000 bond for Brosnan, who has also been charged with aggravated assault, while no bail is recommended for Rolfe.

Howard said his office had reviewed officer body cameras, dashboard cameras, surveillance from the Wendy’s, and cell phone videos from witnesses. In addition, three witnesses inside a car, which was struck by one of the officer bullets, gave eyewitness statements.

Rolfe and Brosnan

Police were called to the Wendy’s at 125 University Ave. on the night of June 12 after a complaint was made that a man was asleep in his car and blocking the drive-thru window lane.

“Mr. Brooks was calm, cordial, and displayed a cooperative nature,” Howard said. “He was slightly impaired and his demeanor was almost jovial, but he followed the officers’ instructions.”

Howard said Brooks was never informed he was under arrest for DUI, which is required by the Atlanta Police Department procedures.

Rayshard Brooks

“Mr. Brooks never presented himself as a threat,” Howard said. “He was peacefully sleeping in his car until awakened by officer, then calmly moved his car when asked. He consented to a search and no weapons were found.”

Howard said the Taser that Brooks took from one of the officers and fired as he ran also posed no threat since it had been fired twice already.

“APD procedure prohibits firing a taser at a fleeing suspect,” Howard said. “If procedure  prohibits officers from firing a taser when someone is running away, certainly they can’t fire a handgun at someone who is running away.”

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