Atlanta Cop Who Killed Rayshard Brooks Charged With Felony Murder

Officer Garrett Rolfe shot and killed 27-year-old Brooks on June 12 in a Wendy’s parking lot before uttering the words, “I got him,” the local district attorney said. If convicted, he faces life in prison without parole or the death penalty.

Rayshard Brooks and Former Atlanta Police Officer Garrett Rolfe, Courtesy of Stewart Trial Attorneys and ATLANTA PD via Reuters
Rayshard Brooks and Former Atlanta Police Officer Garrett Rolfe, Courtesy of Stewart Trial Attorneys and ATLANTA PD via Reuters

Former Atlanta Police Officer Garrett Rolfe has been charged with felony murder and several counts of aggravated assault with a deadly weapon in the killing of 27-year-old father Rayshard Brooks. Fulton County District Attorney Paul Howard announced the charges at a Wednesday press conference in Atlanta. 

Rolfe, a white officer, shot and killed Brooks on June 12 in a Wendy’s parking lot and was fired after footage of the incident gained national attention. Officer Devin Brosnan, who first responded to a call that Brooks was asleep in his car while parked in the drive-thru, was placed on administrative duty. He has also been charged with aggravated assault. 

Prosecutors reviewed eight videos of the encounter, including footage from two police body cameras, two police car dash cameras, a Wendy’s surveillance camera, and three cell phone videos from witnesses. Howard confirmed on Wednesday that Brooks was running away when Rolfe shot him, and that Rolfe then said, “I got him.” 

Rolfe faces 11 charges, including felony murder, felony aggravated assault with a deadly weapon, and violation of oath of office. If convicted of felony murder, Rolfe faces life in prison without parole or the death penalty. Several of Rolfe’s aggravated assault charges are also related to him firing at another car at the scene with at least three people inside. 

Howard described Brooks as being calm and cordial during the June 12 encounter, and that even though he was “slightly impaired,” Brooks’ “demeanor was almost jovial.” Howard added that Brooks was never informed he was under arrest for driving under the influence, did not present himself as a threat, did not have a weapon, and that “for 41 minutes he followed every instruction, answered the questions.”

Howard said that Brooks did not get medical attention for more than two minutes. While Brooks was on the ground after being shot, video showed that Rolfe kicked Brooks, and Brosnan stood on his shoulders, Howard said. Brosnan also later admitted to standing on Brooks’ shoulders while he was on the ground, and Brosnan will make a “statement of culpability of Officer Rolfe” as a witness for the state, Howard said.

One of Brosnan's lawyers, Amanda R. Clark, disputed the DA, telling local news outlet WXIA on Wednesday night that Brosnan spoke to "the assistant district attorney and an investigator," but that an agreement for Brosnan to act as a state witness "is not in place." 

Arrest warrants were issued for both officers, and the DA asked them to turn themselves in. Attorney Don Samuel told NBC News on Thursday that Brosnan turned himself in at the Fulton County Jail, and county booking records show he was released later the same day. Howard recommended that Brosnan be granted a $50,000 bond given his cooperation, but recommended Rolfe be held without bond.

The incident began when Brosnan received a call about Brooks sleeping in his parked car. When Brosnan arrived, he asked Brooks to move his car before requesting another officer, according to the Georgia Bureau Of Investigation (GBI). Rolfe then arrived on the scene, questioned Brooks, and gave him a sobriety test. 

According to the GBI, Brooks failed the sobriety test. Footage then showed Rolfe beginning to handcuff Brooks before he had a “physical struggle” with the officers.

Brooks then took a Taser from Brosnan, the GBI said, adding that Brooks began to flee. When the officers chased him, Brooks turned and pointed the Taser toward Rolfe.

While the GBI said Rolfe fired shots after Brooks pointed the Taser toward him, the local county medical examiner ruled Brooks’ death a homicide on Monday, citing two gunshot wounds on his back. Additionally, Howard said Wednesday that Brooks fired the Taser twice, which renders the Taser unusable, and Rolfe knew that the Taser was no longer a threat.

Howard said the charges against Brosnan and Rolfe mark the county’s 40th prosecution of officers for misconduct, and the ninth prosecution for homicide by an officer, including eight which “involved Black males, and one was a Black female."

After Brooks was killed, Atlanta Mayor Keisha Lance Bottoms announced Atlanta Police Chief Erika Shields’ resignation. In response to Rolfe’s actions, Bottoms also said, "I do not believe that this was a justified use of deadly force."

The night following Brooks’ killing, protesters took to the streets in Atlanta, peacefully blocking highways and building a makeshift memorial to Brooks at the Wendy’s where he was killed. Also on the night of June 13, two suspected arsonists set fire to the fast food restaurant, and authorities are still looking to identify them. Some demonstrators took video footage of the incident, and police reportedly believe the suspects are both women.

The weekend’s protests were part of ongoing demonstrations in Atlanta and cities across the country, as protesters demand an end to police brutality in the wake of the death of George Floyd.

The family’s lawyer set up a GoFundMe to support Brooks’ family.

Correction: An earlier version of this article stated Brosnan will be granted a $50,000 bond, but Howard is recommending that, and a judge must approve it. This information has been updated.