Murder and assault charges against two officers involved in the fatal shooting of Rayshard Brooks have been dropped, according to a Georgia prosecutor who says the officers acted reasonably in response to a deadly threat.
“Both acted as reasonable officers would under the facts and circumstances of the events of that night,” special prosecutor Peter Skandalakis said. “Both acted in accordance with well-established law and were justified in the use of force regarding the situation.”
The announcement comes two years after Brooks, a 27-year-old Black man, was shot and killed outside a Wendy’s restaurant after he fought two officers who tried to arrest him for DUI.
Reports say that Brooks overpowered officers Garrett Rolfe and Devin Brosnan in a struggle during the arrest. There were also claims that he took the taser away from Brosnan and fired it at Rolfe.
How it started? Police were responding to reports of a man asleep in his vehicle in a Wendy’s drive-thru lane, according to the GBI. When Bronson arrived, he knocked on the window to wake him up. Brosnan later asked him whether he’d been drinking. Brooks told the officer he had only one drink, body-worn camera shows.
A few minutes later, Rolfe arrived on the scene and used a Breathalyzer on Brooks. Prosecutors noted their interaction was cordial and professional but when Rolfe tried to arrest Brooks, GBI said that he resisted.
The incident was captured on bodycam footage, Wendy’s surveillance video, and witness cellphone video.
Five days after the shooting, then-Fulton County District Attorney Paul Howard announced charges against Rolfe of felony murder, aggravated assault, violations of oath of office and criminal damage to property. Brosnan was charged with aggravated assault and violating his oath.
In the news conference, Tuesday, Skandalakis and former Gwinnett County District Attorney Daniel Porter presented a video of the incident and provided a frame-by-frame analysis of the fatal encounter.
Porter explained Georgia officers are allowed to use deadly force when faced with a deadly weapon, including a Taser, so prosecutors determined the shooting was legal.
The case against the officers has been dropped but Brooks’ estate attorneys L. Chris Stewart and Justin Miller plans to file a civil suit.
“It’s the only place we can get justice,” Stewart said.
Both Miller and Stewart said it was wrong for Brooks to have fought the police but it was also a point when use of force would have been warranted.
“In the heat of the moment, you don’t need to shoot someone in the back who is 19 feet away,” Miller said.” He also shared that Brooks’ family is in tears over this decision.
Georgia NAACP President Gerald Griggs released a statement saying the case should have gone before a grand jury.
“Grand juries and trials exist to ensure that justice is truly blind. Justice wasn’t blind today, and neither were the officers when they approached Rayshard Brooks,” Griggs’ statement read. “A Fulton County Grand Jury should’ve decided the fate of Garrett Rolfe and Devin Brosnan, not two former members of law enforcement.”
According to a statement by the Atlanta Police, Rolfe and Brosnan are still employed. Both officers remain on administrative leave with the Atlanta Police Department and will undergo recertification and training.
