Atlanta cop fired in shooting death of Rayshard Brooks could face murder charge, DA says

The Atlanta police officer who fatally shot Rayshard Brooks in a Wendy’s parking lot has been fired — and could face a murder charge, prosecutors say.

Garrett Rolfe, on the force since 2013, was fired, and his partner, Devin Bronsan, was placed on administrative duty early Sunday, hours after Police Chief Erika Shields resigned.

Brooks was killed by two gunshot wounds to the back, the Fulton County Medical Examiner ruled Sunday. The manner of death was ruled a homicide, CBS in Atlanta reports.

Brooks, 27, was killed Friday night during a struggle with the pair, who were dispatched after a Wendy’s customer reported that a man was sleeping in his car in the drive-through.

Body cam footage from the Atlanta Police Department shows Rayshard Brooks speaking with Officer Garrett Rolfe in the parking lot of a Wendy's restaurant late Friday. (Atlanta Police Department/)

After Brooks failed a sobriety test, the cops tried to place him in custody, but he resisted arrest.

“[V]ideos indicate that during a physical struggle with officers, Brooks obtained one of the officer’s Tasers and began to flee from the scene," the Georgia Bureau of Investigation said in a statement.

"Officers pursued Brooks on foot and during the chase, Brooks turned and pointed the Taser at the officer. The officer fired his weapon, striking Brooks.”

Body cam video of the fatal arrest shows Brooks being chased by an officer, then turning around and seeming to aim something at the cop before falling to the ground.

Brooks was taken to the hospital, where he died, according to the Georgia Bureau of Investigation.

Fulton County District Attorney Paul Howard condemned Brooks’ death and told CNN the fired cop could face charges of murder, felony murder or involuntary manslaughter.

“[Brooks] did not seem to present any kind of threat to anyone, and so the fact that it would escalate to his death just seems unreasonable,” Howard told the news outlet Sunday.

“It just seems like this is not the kind of conversation and incident that should have led to someone’s death.”

Before taking a preliminary breath test, Brooks told officers he’d had 1½ margaritas that night. Then as the cops tried to handcuff Brooks, he appeared to struggle, with one officer telling him to “stop fighting.”

“This situation is tragically classic,” Cornell William Brooks, the former president of the NAACP, told CNN. “This video, this police homicide occurs in the wake of Ahmaud Arbery, occurs in the wake of Philando Castile, George Floyd, Tamir Rice, Breonna Taylor and so many others.”

Rayshard Brooks’ death stirred massive protests in Atlanta on Saturday. The Wendy’s where Brooks was killed was set ablaze, and at least 36 people were arrested during protests, according to police.

The Wendy's where Brooks was killed was set on fire during protests Saturday. (Ben Gray/)

Atlanta Mayor Keisha Lance Bottoms announced the resignation of the police chief during a news conference Saturday.

“While there may be debate as to whether this was an appropriate use of deadly force, I firmly believe that there is a clear distinction between what you can do and what you should do,” she said. “I do not believe that this was a justified use of deadly force.”

Chris Stewart, an attorney for Brooks’ family, called for Rolfe to be charged.

“You can’t have it both ways in law enforcement,” Stewart told The Associated Press. “You can’t say a Taser is a nonlethal weapon but when an African-American grabs it and runs with it, now it’s some kind of deadly, lethal weapon that calls for you to unload on somebody.”