One of the two Atlanta police officers charged in the death of Rayshard Brooks has turned himself in, his attorney told NBC News.
Officer Devin Brosnan arrived at the Fulton County Jail, lawyer Don Samuel said Thursday. The district attorney gave Brosnan and now-former officer Garrett Rolfe until 6 p.m. Thursday to surrender. It's not clear if Rolfe has turned himself in.
Brosnan was charged with aggravated assault and violation of oath for his role in the June 12 death of Brooks, who was fatally shot by Rolfe in the parking lot of a Wendy's.
Rolfe faces 11 counts including felony murder, aggravated assault with a deadly weapon, criminal damage to property and violation of oath.
The officers were responding to a 911 call about a man who appeared intoxicated sleeping in his car in the drive-thru of the Wendy's. Brooks, 27, a Black man, was questioned by the officers for more than 25 minutes, body and dash-camera video shows.
The Georgia Bureau of Investigation, which launched an investigation into the shooting, said Brooks failed a field sobriety test and struggled with the officers as they tried to arrest him.
GBI director Vic Reynolds said that during the struggle Brooks was able to get one of the officer's stun guns and that video showed him appearing to run away with the stun gun in his hand.
The father to three daughters and a stepson was shot twice in the back as he ran and died in a hospital following surgery.
District Attorney Paul Howard said at a news conference Wednesday that Brooks "never presented himself as a threat" and appeared "almost jovial." He said Brooks followed every instruction from the officers and was never informed that he was under arrest for driving under the influence.
Howard said that after the shooting, Rolfe said "I got him" and kicked Brooks' body as he lay on the ground. Brosnan stood on the man's shoulders, according to the district attorney.
More than two minutes passed when medical aid was not provided to Brooks.
"When we examined the videotape and in our discussions with witnesses, what we discovered is during the 2 minutes and 12 seconds, Officer Rolfe actually kicked Mr. Brooks while he laid on the ground, while he was there fighting for his life," Howard said. " Secondly, from the videotape, we were able to see that the other officer, Officer Brosnan, actually stood on Mr. Brooks' shoulders while he was there struggling for his life. "
An attorney for Rolfe said in a statement Wednesday that the shooting was justified and that Rolfe feared for his life, as well as the lives of the other people in the parking lot, when he fired his weapon.
Brosnan was placed on administrative leave following the shooting and Rolfe, who faced disciplinary action in the past, was fired by the department.