Rayshard Brooks Killing: Fired Cop Charged With Murder, Other Officer Charged With Aggravated Assault

Rayshard Brooks was "calm" and "cordial" when police talked with him for 41 minutes, prosecutor says.

A capital murder charge has been filed against an Atlanta police officer who shot and killed Rayshard Brooks. Another officer, who will testify against him, has been charged with aggravated assault, Fulton County District Attorney Paul Howard announced Wednesday.

The charges come after widespread outrage over the shooting death Saturday of 27-year-old Brooks, who had fallen asleep in the drive-thru lane of a Wendy's fast food franchise.

Garrett Rolfe, who was fired after the killing, faces 11 counts, including aggravated assault, felony murder and various charges of violating police procedures. If convicted, he could face the death penalty, Howard said.

Devin Brosnan, who was the first officer on the scene, was charged with aggravated assault for allegedly standing on Brooks' shoulder as he lay on the pavement "fighting for his life," Howard said.

Brosnan will testify against Rolfe as a witness for the prosecution, Howard said.

Neither officer provided "timely" medical treatment for Rolfe after he was shot twice, the prosecutor said. Instead, Rolfe kicked Brooks as he lay prone on the asphalt, Howard said. 

Brooks, who spoke with police for 41 minutes and 17 seconds before running away, was "calm" and "cordial," body cam footage showed, Howard said. Though "slightly impaired," Brooks displayed a "cooperative nature," the prosecutor said.

The officers earlier said Brooks resisted arrest for DUI, grabbed an officer's Taser and fired at them, before Rolfe fired two rounds at Brooks.

But the prosecutor said the non-lethal Taser did not constitute an "imminent threat" to the officers' lives and that the shooting violated department procedures for firing a duty weapon

Also, Howard said, Brooks was never informed that he was under arrest for DUI, and only struggled with the officers when they tried to put him in handcuffs.

Chris Stewart, an attorney for Brooks' family, praised Brosnan for his decision to testify.

"Even in dark times like this, you have to try and see the light, and the positivity of this situation is the courageousness of Officer Brosnan to step forward and say what happened was wrong," Stewart said.

"It is officers like that who change policing. I know he'll probably catch all kind of problems and hate. That's why you become a police officer: Do what's right," the lawyer said.

An autopsy determined Brooks died from being shot twice in the back. After Rolfe was fired, Brosnan was put on administrative leave.

Both officers were given until 6 p.m. Thursday to surrender to authorities. There was no immediate comment from them.