The former police officer from Atlanta who shot and killed Rayshard Brooks on Friday night, June 12, has been charged with murder and aggravated assault and could face the death penalty.

Garrett Rolfe, the officer who fired the lethal shots from his handgun, was accompanied by Officer Devin Brosnan, who is facing three charges, including aggravated assault.Rolfe, who shot and killed Brooks, is facing 11 charges including felony murder, which has the potential to lead to the death penalty.

Former Police Officer Garrett Rolfe. (Screenshot/Fox News)

Brooks, 27, had fallen asleep in his car in the drive-thru lane of fast-food outlet Wendy’s, and police were called to the scene.

After allegedly failing a sobriety test by the officers, he was seen resisting arrest and running off with one of the police Tasers in his hand. He was chased by the two officers, and when he briefly turned to aim the taser at police, Rolfe then shot Brooks twice in the back, and after declaring “I got him,” then kicked him as he lay there.

Fulton County District Attorney Paul L. Howard Jr. said at a news conference on Wednesday, “Mr. Brooks never presented himself as a threat.”

During the announcement, Howard said that Brosnan had agreed to give a statement against Rolfe and become a “state’s witness” — but Brosnan’s attorneys later disputed that claim, reported Fox News.

“He honestly told the DA’s office everything that happened during a lengthy interview yesterday,” attorney Don Samuel told Fox News. “He will continue to tell the DA or the GBI (Georgia Bureau of Investigation), or any other investigator what happened. But, he is absolutely not guilty of any crime and will not plead guilty and has not agreed to be a ‘state’s witness.'”

Lawyers representing Rolfe claimed in a statement that under the circumstances, the force used by Rolfe was permissible. “Officer Rolfe heard a sound like a gunshot and saw a flash in front of him,” they said. “Fearing for his safety, and the safety of the civilians around him, Officer Rolfe dropped his Taser and fired his service weapon.”

Investigators have surveyed video footage from eight videos of the incident including police body and dashcam footage, cellphone video taken by witnesses, and surveillance recordings from Wendy’s.

Howard stated at the news conference, “We’ve concluded, at the time Mr. Brooks was shot, that he did not pose an immediate threat of death or serious physical injury to the officer or officers.”

He added that no medical help was given to Brooks for over two minutes, instead, the officers had kicked and stepped on him. “Officer Rolfe actually kicked Mr. Brooks while he laid on the ground,” Howard said.

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