ATLANTA (AP) – Prosecutors brought murder charges Wednesday against the white Atlanta police officer who shot Rayshard Brooks in the back, saying that Brooks was not a deadly threat and that the officer kicked the wounded black man and offered no medical treatment for over 2 minutes as he lay dying on the ground.
Brooks was holding a stun gun he had snatched from officers, and he fired it at them during the clash, but he was running away at the time and was 18 feet, 3 inches from Officer Garrett Rolfe when Rolfe started shooting, District Attorney Paul Howard said in announcing the charges.
â€œI got him!â€ the prosecutor quoted Rolfe as saying.
The felony murder charge against Rolfe, 27, carries life in prison or the death penalty, if prosecutors decide to seek it. He was also charged with 10 other offenses punishable by decades behind bars.
The decision to prosecute came less than five days after the killing outside a Wendyâ€™s restaurant rocked a city – and a nation – already roiled by the death of George Floyd under a police officer’s knee in Minneapolis late last month.
â€œWeâ€™ve concluded at the time that Mr. Brooks was shot that he did not pose an immediate threat of death,â€ Howard said.
A second officer, Devin Brosnan, 26, stood on Brooksâ€™ shoulder as he struggled for his life, Howard said. Brosnan was charged with aggravated assault and violating his oath.
The district attorney said Brosnan is cooperating with prosecutors and will testify, saying it was the first time in 40 such cases in which an officer had come forward to do so. But an attorney for Brosnan emphatically denied he had agreed to be a prosecution witness and said he was not pleading guilty to anything.
A lawyer for Brooksâ€™ widow cautioned that the charges were no reason to rejoice.
â€œWe shouldnâ€™t have to celebrate as African Americans when we get a piece of justice like today. We shouldnâ€™t have to celebrate and parade when an officer is held accountable,â€ said attorney L. Chris Stewart.
Brooksâ€™ widow, Tomika Miller, said it was painful to hear the new details of what happened to her husband in his final minutes.
â€œI felt everything that he felt, just by hearing what he went through, and it hurt. It hurt really bad,â€ she said.
The news came on a day of rapid developments involving race and equal justice. Republicans on Capitol Hill unveiled a package of police reform measures. And the movement to get rid of Confederate monuments and other racially offensive symbols reached Americaâ€™s breakfast table, with the maker of Aunt Jemima syrup and pancake mix dropping the 131-year-old brand.
Brooks’ killing Friday night sparked new demonstrations in Georgiaâ€™s capital against police brutality after occasionally turbulent protests over Floydâ€™s death had largely died down. Atlanta Police Chief Erika Shields resigned less than 24 hours after Brooks died, and the Wendyâ€™s restaurant was burned.
Rolfe was fired after the shooting, while Brosnan was placed on desk duty.
Ahead of the district attorneyâ€™s announcement, Rolfeâ€™s lawyers issued a statement saying the officer feared for his safety and that of others around him and was justified in shooting Brooks. Rolfe opened fire after hearing a sound â€œlike a gunshot and saw a flash in front of him,â€ apparently from the Taser.
â€œMr. 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,â€ the lawyers said.
But the district attorney said the Taser that Brooks held had already been fired twice and was thus empty and no longer a threat.
Brosnanâ€™s lawyer, Amanda Clark Palmer, said the charges against the officer were baseless. She said Brosnan stood on the wounded manâ€™s hand, not his shoulder, for a short period of time – seconds – to make sure Brooks did not have a weapon.
About 50 demonstrators were gathered in the parking lot of the restaurant – now a burned shell with â€œRIPâ€ and â€œRayshardâ€ spray-painted on it – as the charges were announced. The news prompted a few raised fists.
Police had been called to the restaurant over complaints of a car blocking the drive-thru lane. An officer found Brooks asleep behind the wheel, and a breath test showed he was intoxicated.
Police bodycam video showed Brooks and officers having a relatively calm and respectful conversation – “almost jovial,â€ according to the district attorney – for more than 40 minutes before things rapidly turned violent when officers tried to handcuff him. Brooks wrestled with officers, grabbed one of their stun guns and fired it at one of them as he ran through the parking lot.
An autopsy found he was shot twice in the back. One shot pierced his heart, the district attorney said. At least one bullet went into a vehicle that was in line at the Wendyâ€™s drive-thru.
After Brooks was shot, he was given no medical attention for over 2 minutes, despite Atlanta Police Department policy that says officers must offer timely help, Howard said.
The district attorney said Rolfe and Brosnan were given until 6 p.m. Thursday to surrender. He said he would request $50,000 bond for Brosnan and no bail for Rolfe.
The charges reflect a potential â€œsea changeâ€ in tolerance for violence by police, said Caren Morrison, a Georgia State University law professor who used to be a federal prosecutor.
Morrison said the view until now has generally been that officers are justified in using deadly force in a case such as this one in which the suspect had a Taser or other weapon that could cause â€œgrievous bodily harm.â€
In the Minneapolis case, Derek Chauvin, the officer who put his knee on Floydâ€™s neck for several minutes as he pleaded he couldnâ€™t breathe, has been charged with murder. Three other officers have been charged with aiding and abetting. All four were fired and could get up to 40 years in prison.
In Washington, meanwhile, Senate Republicans announced the most ambitious GOP police-reform package in years, including an enhanced use-of-force database, restrictions on chokeholds and new commissions to study law enforcement and race.
The bill is not as sweeping as a Democratic proposal set for a House vote next week, but it shows how swiftly the national debate has been transformed since Floydâ€™s death.
A new poll by The Associated Press-NORC Center for Public Affairs Research finds that more Americans today than five years ago believe police brutality is a very serious problem that too often goes undisciplined and unequally targets black Americans.
Elsewhere around the country, the University of Nevada, Las Vegas removed a statue of its â€œHey Reb!â€ mascot outside its alumni center, and Houston officials took down a figure of a Confederate soldier in a downtown park.
As for Quaker Oatsâ€™ decision to drop Aunt Jemima, the characterâ€™s image on packages was changed in recent years to make her look like a modern housewife, but for most of her existence she was a stout, kerchief-wearing black woman who evoked the plantation-era â€œMammyâ€ stereotype.
Associated Press writers Matt Ott in New York; Lisa Mascaro and Jim Mustian in Washington; Sudhin Thanawala in Atlanta; and Russ Bynum in Savannah, Ga., contributed to this report.