Police officers cleared in fatal shooting of Rayshard Brooks in US state of Georgia

By Darren Lyn

HOUSTON, Texas (AA) - The police officers involved in the fatal shooting of Rayshard Brooks more than two years ago in Atlanta in the US state of Georgia had the charges against them dropped Tuesday.

The special prosecutor's office announced that they would not pursue the case against officers Garrett Rolfe and Devin Brosnan. Rolfe shot and killed the 27-year-old Black man in a Wendy's parking lot on June 12, 2020.

“Based on the facts and circumstances confronting Officer Rolfe and Officer Brosnan in this case, it is my conclusion the use of deadly force was objectively reasonable and that they did not act with criminal intent,” said Pete Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia, at a news conference after the decision was handed down.

Brooks fell asleep in the drive-thru lane at the Wendy's the night he was killed.

When Rolfe and Brosnan responded to the scene, Brooks struggled with them, grabbed one of the officers’ tasers and fled, firing it at Rolfe as he ran. Rolfe then fired his gun three times at Brooks, hitting him twice in the back.

Body camera video showed the entire scene leading to Brooks’ death.

Rolfe was subsequently charged with 11 crimes, including felony murder and aggravated assault. Brosnan was charged with aggravated assault and two counts of violation of oath of office.

Skandalakis said the department brought in outside experts to break down the video of the shooting frame-by-frame, which ultimately led to the charges being dropped.

Prosecutors said Georgia officers are allowed to use deadly force if the suspect possesses a deadly weapon and when the officer believes the suspect poses an immediate threat to officers or others.

“You look at the totality of the circumstances. What did the officer know in that time, in that moment, in that split second,” said Skandalakis.

The shooting set off protests at the Wendy's restaurant, which was burned to the ground the following day.

The Black community expressed outrage at what they perceived as a racially motivated killing.

Rolfe and Brosnan are white.

“We’re heartbroken, confused, but not angry," said Brooks' family attorney L. Chris Stewart at a news conference. “We already knew what the decision was going to be."

Atlanta Mayor Andre Dickens released a statement saying he supported the special prosecutor's decision to drop the charges against the officers but added that his “heart continues to ache for the family of Rayshard Brooks."

“Over the last two years, our country has been engaged in important discussions about policing in America," said Dickens. "We must maintain our commitment to the work of creating safe communities through collaboration between police and the people they serve."

Prosecutors also emphasized that the case against Rolfe and Brosnan was not about race, pointing out that Brooks' death was different than both the George Floyd and Ahmaud Arbery killings.

“This case of Devin Brosnan and Garrett Rolfe is not like the George Floyd case,” said Skandalakis. “This is not a case in which an officer was kneeling on a prone suspect for nine minutes. It’s nothing like that. Nor is it like the Ahmaud Arbery case, where armed citizens were chasing a person down through a neighborhood."

The Atlanta Police Department (APD) announced that both Rolfe and Brosnan were still employed by the agency and are both on administrative duty.

“We have faith in the criminal justice system, and we respect the special prosecutor’s decision in this case,” the APD said in a statement. “Both officers will undergo Georgia (Peace Officer Standards and Training Council) recertification and training."

Atlanta City Councilman Antonio Lewis issued a statement saying he disagreed with the decision.

“Seeing the charges dismissed truly pains me. Rayshard Brooks was asleep at the wheel in a drive-thru line. That’s all,” said Lewis. “I understand the need for accountability, but he didn’t have to lose his life."

"This shooting happened in my district, and the community still feels the hurt and the devastation from it," he continued. "We must continue to work toward keeping our neighborhoods safe, but we also must hold police accountable.”