CHARGES IN GA.
Officer could face death penalty in killing
The white cop who fatally shot Rayshard Brooks outside a Wendy’s in Atlanta – and then kicked the unarmed black man as he lay dying on the ground – was charged Wednesday with felony murder.
Officer Garrett Rolfe, 27, illegally pumped two bullets into Brooks’ back, callously kicked the married dad during his last moments of life and delayed medical aid for more than two minutes, Fulton County District Attorney Paul Howard said during a dramatic press conference.
If convicted of the top count, Rolfe could face life without parole or the death penalty, Howard said.
Brooks, 27, was running with his back to Rolfe when he was shot at a distance of 18 feet, 3 inches away with a spent Taser in his hand, Howard said.
“I got him!” Howard quoted Rolfe as saying after Brooks collapsed on the ground with a bullet that “penetrated his heart.”
Howard said the investigation concluded Rolfe knew the Taser in Brooks’ possession had been fired twice, was out of energy and “presented no danger to him or any other persons” when he opened fire with his 9-mm. Glock.
“I believe a reasonable person would conclude [Brooks] was not an immediate threat at that time,” the prosecutor said.
Rolfe, 27, also was charged with multiple counts of aggravated assault for wildly shooting in the direction of witnesses inside a nearby vehicle, Howard said. One of the shots ended up in the vehicle.
Howard described Brooks as “cooperative” and “jovial” with officers after he was found “peacefully” sleeping in his car outside the Wendy’s on Friday night and subjected to a sobriety test.
“For 41 minutes and 17 seconds, he followed their instructions, he answered the questions,” Howard said. “Mr. Brooks was never informed that he was under arrest for driving under the influence.”
The prosecutor said, “Mr. Brooks never presented himself as a threat” before he was “grabbed by the rear” and a struggle ensued.
Howard said the charging decision was based on ballistics evidence, a preliminary autopsy, body cam video, police dashcam video, Wendy’s surveillance footage, bystander video and the accounts of three witnesses.
The other officer on the scene, Devin Brosnan, was placed on administrative duty after the incident and charged Wednesday with aggravated assault and violations of oath.
In what he called a “remarkable” development, Howard said Brosnan, 26, has become a cooperating witness.
“Within a matter of days, he plans to make a statement regarding the culpability of Officer Rolfe,” Howard said.
Howard said Brosnan stood on Brooks’ shoulder as he struggled for life on the ground and failed to render “timely medical aid.”
The prosecutor said his office was asking that Brosnan and Rolfe surrender themselves for arrest by 6 p.m. Thursday.
“We’re recommending no bond for Officer Rolfe,” Howard said Wednesday. “Because of the severity of that act and following up that act with kicking Mr. Brooks, we’re asking that he not be granted bond.”
Rolfe’s defense team said in a statement Wednesday that he feared for his safety and that of others around him and was justified in shooting Brooks.
Rolfe fired his handgun after he heard a sound “like a gunshot and saw a flash in front of him,” apparently from the Taser.
“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,” Rolfe’s lawyers said.
Brosnan’s attorney said the charges against her client were baseless. Lawyer Amanda Clark Palmer said Brosnan stood on Brooks’ hand, not his shoulder, for a matter of seconds to make sure he did not have a weapon.