An arrest warrant was issued for a former Atlanta police officer on 11 charges, including murder and assault, related to the murder of African American man Rayshard Brooks in the US city.
Garrett Rolfe could face life without parole or the death penalty, a prosecutor said.
Brooks's fatal encounter with the police came after an employee at a restaurant in Wendy, Atlanta, called the authorities to say that someone had fallen asleep in his car at the restaurant's entrance last Saturday.
The decision to sue came five days after the murder shook a city – and a nation – already agitated by the death of George Floyd under a policeman."knee in Minneapolis at the end of last month.
"Brooks never presented himself as a threat," Fulton County District Attorney Paul L Howard Jr announced on Wednesday, adding that Brooks never showed aggressive behavior.
"After he was shot, for about two minutes and 12 seconds, no medical assistance," said Howard.
He said that during that time, Rolfe kicked Brooks while lying on the floor, fighting for his life.
Rolfe shot Brooks after the 27-year-old black man grabbed a Taser and ran, firing from very far to reach the white policeman, the prosecutor said. In addition, the Taser had already been fired twice, so it was empty and was no longer a threat, Howard said.
Officer Devin Brosnan, who was also on the scene, became a state witness and will testify against Rolfe, Howard said – an unprecedented development in a case against a former police officer. But a lawyer for Brosnan said he did not agree to be a prosecution witness and did not plead guilty to anything.
Brosnan faces three charges, including aggravated assault. Howard said that Brosnan admitted that he was on Brooks' shoulders after he was shot.
Brosnan's lawyer Amanda Clark Palmer said the charges against him were unfounded. She said that Brosnan stayed in the injured man's hand, not on his shoulder, for a short time, seconds, to ensure that Brooks didn't have a gun.
Howard said they recommend that Rolfe not receive bail.
Witnesses and videos
The investigation began at "1:15 am on Saturday," Howard said, "and has continued on all the time ever since."
Howard, Georgia's first elected black prosecutor, said officials had the opportunity to speak to 10 witnesses to the murder. Enhanced surveillance videos were also seen by authorities.
Although there was a 41-minute discussion between Brooks and the police, "Brooks was never told he was under arrest for driving under the influence," said Howard. This is required by the Atlanta Police Department. The officers had established that Brooks was not carrying a gun.
Howard said Brooks "was calm, he was friendly" his "almost jovial" demeanor.
Atlanta police chief Erika Shields resigned after the shooting last weekend.
Brooks's murder prompted Atlanta Mayor Keisha Lance Bottoms to say there was a "clear" need to review the use of force protocols for city police.
Brooks' widow, Tomika Miller, said the revaluations about her last moments were painful.
"I felt everything he felt when he heard it," she said in tears at a news conference, "and it hurt."
L. Chris Stewart, a lawyer for the Brooks family, said he was disappointed in the state of policing in the United States.
"We shouldn't have to celebrate as African Americans when we have a piece of justice like today."
& # 39; I caught it & # 39;
Howard noted that as soon as Brooks was shot, Rolfe said, "I caught him," which the public prosecutor said as an "excited expression" and highly reliable.
A coroner determined that the murder was a homicide, although this is usually for statistical purposes and not for a legal decision.
Rolfe, who is white, was fired and Brosnan, also white, was put on administrative leave.
Atlanta residents took to the streets afterwards and shouted for police in Brooks' case to be charged criminally – at some point on Saturday, blocking traffic on a nearby interstate highway – and the Wendy restaurant caught fire.
The protests after George Floyd's death in Minneapolis in May, which sparked a worldwide movement against racism and police brutality, have been largely peaceful, but at times have become violent.
Requires for police reform they became a rallying cry for the movement.