Brosnan is facing two charges of violations of oath and a charge of aggravated assault for allegedly standing on Brooks’ shoulder after he was shot by Rolfe, Fulton County District Attorney Paul Howard Jr. said.
The deadly shooting unfolded on Friday in a Wendy’s parking lot. Brooks, a 27-year-old black man, was running away when he was shot by Rolfe, and at that time, Brooks “did not pose an immediate threat of death or serious physical injury,” Howard said Wednesday.
The police-involved shooting began when officers were called to the parking lot for reports of a man, later identified as Brooks, asleep in his car. Police gave Brooks a Breathalyzer test, which registered a blood-alcohol level of .108%, above the legal limit of .08%.
When officers tried to put him in handcuffs, Brooks struggled, wrestled with both officers on the ground and then grabbed an officer’s stun gun.
Surveillance video showed Brooks running through the parking lot with the officers behind him. At one point, Brooks turned and allegedly shot the stun gun at Rolfe, who drew his weapon and opened fire.
Brooks died from two gunshots to his back, the medical examiner determined.
When the shot was fired, Rolfe made an “excited utterance,” and said, “I got him,” according to Howard.
Attorneys for the officers said Wednesday that Rolfe’s actions were justified under the law.
“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,” the attorneys said. “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.”
Samuel, Brosnan’s attorney, called Brosnan’s behavior “exemplary.”
“Brosnan never pulled out his gun,” Samuel said in a statement Wednesday. “He tried to pull out his taser when Mr. Brooks resisted arrest and fought with both of the officers. Devin was knocked to the ground and his head hit the pavement and he suffered a concussion.”
After the shooting, “Devin tried to stabilize Mr. Brooks. Other officers arrived on the scene in less than one minute from when Devin caught up to where Mr. Brooks had fallen. He removed Mr. Brooks’ shirt and along with the other officer applied first aid, including CPR. Despite a crowd that was yelling, Devin did what he could to save Mr. Brooks.”