Former APD officer Rolfe turns himself in on murder charge, DA not seeking death penalty
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ATLANTA, Ga. (WGCL) — Former Atlanta Police Officer Garrett Rolfe turned himself into the Fulton County Jail Thursday afternoon on multiple charges including murder for his alleged role in the death of Rayshard Brooks.
Though by 9 p.m. CBS46 confirmed Rolfe had been transferred to Gwinnett County Jail.
Fulton County District Attorney Paul Howard revealed the 11 charges Rolfe would face during a press conference on Wednesday. The charges Rolfe faces in the death of Brooks include:
Felony murder
Violation of Oath by Public Officer
Criminal Damage to Property in the 1st Degree
Aggravated Assault with a deadly weapon X 4 counts
Violation of Oath by Public Office x 2 counts
Aggravated Assault
While speaking with CNN’s Wolf Blitzer on Thursday, Howard said despite criticism of the charges and possible sentencing, “I think it’s clear that we’re not asking for the death penalty. We simply cited that because statutorily, that is one of the possible sentences, but we’re not seeking the death penalty. I don’t think anyone rationally expected that we would ask for the death penalty in this case.”
Former officer Devin Brosnan, Rolfe’s partner, also faces three charges including aggravated assault. Brosnan turned himself in earlier Thursday morning.
Rolfe’s attorney, Lance J. LoRusso, says he is “confident that when all of the evidence is heard, Officer Rolfe will be vindicated.”
Howard said Wednesday Brosnan has become a State witness and would testify against Rolfe, however that has now been disputed by Brosnan’s attorney.
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 Police body cam, two dash cam tapes, a witness surveillance tape and three citizens cell phone videos.
Howard 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. There was another important consideration in the decision on charges. “Mr. Brooks never presented himself as a threat,” Howard said.
Additionally, Howard pointed out Atlanta Police 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, the DA said.
“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.'”
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