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Attorney: Officer Brosnan Never Agreed To Testify Against Partner In Rayshard Brooks Shooting

Atlanta, GA – An attorney for Atlanta Police Officer Devin Brosnan told reporters on Wednesday that his client has not agreed to be a state’s witness against another officer despite what Fulton County District Attorney Paul Howard said at the press conference announcing charges.

Both the Atlanta Journal-Constitution and WXIA reported the Don Samuel, a criminal defense attorney representing Officer Brosnan, said that the officer has not agreed to testify against former Atlanta Police Officer Garrett Rolfe.

Rolfe has been charged with seven felonies, including murder, in connection with the shooting of 27-year-old Rayshard Brooks at a Wendy’s on June 12.

Samuel also told reporters that his client has not agreed to plead guilty to any of the charges against him.

The Georgia Bureau of Investigation (GBI) also released a statement on their official Facebook page shortly after the district attorney’s press conference concluded that also contradicted with what Howard had told reporters about acting in concert with the state investigative agency.

“The Georgia Bureau of Investigation was requested by the Atlanta Police Department on Friday night, June 12th, to investigate an officer involved shooting at the Wendy’s Restaurant on University Avenue,” the post read. “We are in the process of conducting this investigation. Although we have made significant progress in the case, we have not completed our work.”

“Our goal in every officer involved shooting case we are requested to review, is to complete a thorough, impartial investigation before we submit the file to the respective District Attorney’s Office,” the statement continued.

“The GBI was not aware of today’s press conference before it was conducted,” the agency wrote. “We were not consulted on the charges filed by the District Attorney. Despite today’s occurrence, the GBI will complete its mission of completing an impartial and thorough investigation of this incident and we will submit the file, once completed, to the Fulton County District Attorney’s Office.”

At the press conference on Wednesday afternoon, Howard also announced three felony charges against Officer Brosnan including aggravated assault, but announced that Officer Brosnan had become a state’s witness and was prepared to testify against former Officer Rolfe.

The district attorney said Officer Brosnan was “one of the first police officers to actually indicate he is willing to testify against someone in his own department.”

Both men have been asked to turn themselves in before 6 p.m. on Thursday, and Howard said he would recommend that Officer Brosnan be released on a signature bond.

The district attorney said he would ask that Rolfe be held without bond.

Howard said investigators from the Atlanta police and the GBI had assisted in the review of eight videos, two police bodycams, two vehicle dashcams, Wendy’s surveillance video, and three cell phone videos, in addition to interviewing numerous witnesses who were at the scene.

The district attorney said they investigated the Tasers and talked to the company who manufactured them, and determined Rolfe knew that the Taser Brooks had stolen had already been fired twice when he shot Brooks, meaning that he knew that Brooks was no longer a threat to him when he shot him.

“We have also concluded that the Taser in Brooks’ possession had been fired twice meaning it couldn’t be fired again and presented no threat to the officers,” he said.

Howard said “Mr. Brooks was calm, he was cordial” and “almost jovial” and that for 41 minutes and 17 seconds he followed instructions.

He said that neither Rolfe nor Officer Brosnan informed Brooks that he was under arrest for driving under the influence before they tried to arrest him, in violation of department procedure.

Bodycam shows at the time of arrest, Officer Rolfe told Brooks, “I think you’ve had too much to drink to be driving, so put your hands behind your back for me.” That’s when Brooks started to fight the officers.

“We concluded and considered it as one of our important consideration that Mr. Brooks never presented himself as a threat,” Howard said.

Brooks “never displayed any aggressive behavior during the first 41 min and 17 seconds,” he said.

The district attorney said that officers violated department policy and violated their oath of office when they failed to provide timely medical attention to Brooks after he was shot.

It is not a crime to violate department policy.

Howard said videos showed the officers waited two minutes and 10 seconds before they rendered aid, and during that time “Officer Rolfe actually kicked Mr. Brooks while he was lying on the ground fighting for his life.”

“Officer Brosnan actually stood on Mr. Brooks shoulder while he was there struggling for his life,” the district attorney told reporters.

He said the demeanor of the officers after Brooks was shot reflected “other kinds of emotion.”

“We have concluded that at the time Mr. Brooks was shot. He did not pose any immediate threat to the officer or officer,” Howard said.

Howard said he had warrants for 11 charges against Rolfe, including felony murder, aggravated assault with a deadly weapon, multiple counts of aggravated assault (including against people sitting in other vehicles struck by gunfire), criminal damage, and seven violations of his oath of office.

Officer Brosnan is facing three felony charges including aggravated assault with a deadly weapon, he said.

Howard said that Officer Brosnan had said through his attorney that he was “plans to make a statement against Officer Rolfe;” however, he hadn’t been in the right psychological place to do so, yet.

The district attorney lauded Officer Brosnan’s decision to “break the wall of silence” and testify against a former fellow officer.

However, Officer Brosnan’s attorney asserted that was not true shortly after Howard made the announcement.

The statement from the GBI further undermined the credibility of the statements made by the district attorney at the charging press conference.

Written by
Sandy Malone

Managing Editor - Twitter/@SandyMalone_ - Prior to joining The Police Tribune, Sandy wrote the Politics.Net column for the Wall Street Journal and was managing editor of Campaigns & Elections magazine. More recently, she was an internationally-syndicated columnist for Conde Nast (BRIDES), The Huffington Post, and Monsters and Critics. Sandy is married to a retired police captain and former SWAT commander.

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Written by Sandy Malone


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