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Former APD officer faces 11 charges including felony murder, 2nd officer also charged

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    ATLANTA, GA (WGCL) — Fulton County District Attorney Paul Howard during a press conference on Wednesday announced multiple charges, including felony murder and aggravated assault, in the Rayshard Brooks case.

Howard said the DA’s office spoke with three of the witnesses in the case, conducted interviews with seven other witnesses and reviewed eight videos — two from Atlanta body cam, two dash cam tapes, a witness surveillance tape and three citizens cell phone videos.

He explained in reaching the decision to charge the officers, there were some important considerations. “One of the things that we noted from our evaluation is that Mr. Brooks on the night of this incident was calm, he was cordial and really displayed a cooperative nature,” Howard said.

He also noted that even though Brooks was impaired, his demeanor during the incident was “almost jovial.” Howard said Brooks received many instructions from the officers and was asked many questions, some repeatedly.

“But for 41 minutes and 17 seconds he followed their instructions. He answered the questions,” Howard said.

Brooks was never informed he was under arrest for driving under the influence, Howard said. “When one is charged with DUI, the Atlanta Police Department’s own procedures require that that person is informed immediately that they are under arrest.”

There was another important consideration in the decision on charges. “Mr. Brooks never presented himself as a threat,” Howard said.

In addition, Atlanta policy requires that officers must offer timely medical attention to the person who is injured. But for two minutes and 12 seconds the officers failed to render aid.

“What we discovered is during the two minutes and 12 seconds, Officer Rolfe actually kicked Mr. Brooks while he laid on the ground there fighting for his life,” Howard said. He added that the other officer stood on Brooks’ shoulder.

The officers’ demeanor after the shooting did not reflect any fear or danger, Howard said. “At the time that the shot was fired, the utterance made by officer Rolfe was ‘I got him.'”

Former APD officer Garrett Rolfe faces 11 charges including felony murder and aggravated assault. Officer Devin Brosnan faces three charges including aggravated assault.

Howard said Officer Brosnan has become a State witness and will testify against his former partner, Garrett Rolfe.

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