Rayshard Brooks WAS told he was under arrest, attorneys claim

Rayshard Brooks WAS told he was under arrest before he was shot dead after struggle with police, charged cop’s attorneys claim contradicting Atlanta DA

  • Lawyers for fired cop Garrett Rolfe are disputing District Attorney Paul Howard’s statements in regards the officer’s charges
  • On June 12 Rolfe shot black man Rayshard Brooks twice in the back in an Atlanta Wendy’s drive-thru after they got into a confrontation 
  • Last week Howard announced 11 charges against Rolfe including felony murder 
  • Howard said that Rolfe never told Brooks he was under arrest
  • In a Monday statement the lawyers said Rolfe did tell him he was under arrest 

Attorneys for ex-police officer Garrett Rolfe are defending his name and disputing the District Attorney’s account that he never told Rayshard Brooks he was under arrest before he killed. 

Fulton County District Attorney Paul Howard said white cop Garrett Rolfe never told Brooks he was under arrest for driving under the influence before they got into a scuffle that resulted in Brooks being fatally shot.

Lawyers Noah H. Pines and Bill Thomas are refuting that statement saying Rolfe did alert Brooks that he was under arrest.

‘While we are waiting for the GBI (Georgia Bureau of Investigation) to finish its investigation, there are certain allegations made by Paul Howard that are simply not supported by the fats,’ they said in a statement Monday, according to CNN. 

Lawyers for fired cop Garrett Rolfe are disputing District Attorney Paul Howard's (above) statements in regards the officer's charges.

Lawyers for fired cop Garrett Rolfe (left) are disputing District Attorney Paul Howard’s (right) statements in regards the officer’s charges. Last week he was hit with 11 charges including felony murder for the killing for Rayshared Brooks at a Wendy’s drive-thru in Atlanta on June 12

Cops responded to a call about a person sleeming behind the wheel at a Wendy's drive-thru and found 27-year-old Rayshard Brooks (above) in the car

Cops responded to a call about a person sleeming behind the wheel at a Wendy’s drive-thru and found 27-year-old Rayshard Brooks (above) in the car

Speaking on the arrest they said: ‘It is clear from the video that Officer Rolfe told Mr. Brooks, “I think you’ve had too much to be driving. Put your hands behind your back.”‘

‘Clearly this statement is sufficient to inform Mr. Brooks that he is under arrest.’

Pines and Thomas also disputed Howard on statues regarding use of force, statements about whether a Taser is a deadly weapon, and details of the struggle over the Taser between Brooks and the cops. 

On June 12 Officer Rolfe and officer Devin Brosnan responded to a Wendy’s drive-thru lane following a call about someone asleep behind the wheel.

They woke Brooks up and suspected he had been drinking. They had him complete a Breathalyzer test, which he failed. Police tried to handcuff him and a struggle ensued.

Pictured: Police body cam footage from the arrest of Rayshard Brooks on June 12, 2020. Brooks was being arrested on suspicion of driving under the influence

Pictured: Police body cam footage from the arrest of Rayshard Brooks on June 12, 2020. Brooks was being arrested on suspicion of driving under the influence

Brooks grabbed one of the officers Tasers and ran off and the officers pursued on foot. During the chase Brooks turned and pointed the taser at an officer, prompting Rolfe to shoot him twice in the back. 

Last week Rolfe was hit with 11 charges, including felony murder.

Howard also raised charges against Brosnan, who faces an aggravate assault charge for standing on Brooks in the parking lot.

Brooks’ case is just the latest in a string of devastating police killings of black people in the US.

Fired officer Garrett Rolfe was booked on felony murder and assorted other charges on Thursday afternoon

Devin Brosnan, who was present but did not fire shots, is seen in a mugshot on Thursday

Fired officer Garrett Rolfe (left in mugshot) was booked on felony murder and assorted other charges on June 18. Devin Brosnan, who was present but did not fire shots, is seen in a mugshot on Thursday

Protests have unfolded for a month now following the police killing of George Floyd in Minneapolis on May 25.

On Sunday US Rep. Doug Collins called for an independent prosecutor to handle the case, calling the charges against the two officers political.

Howard has denied that his office filed the charges for political gain.

Following Brooks’ killing in Atlanta, Police Chief Erika Shiels stepped down from office.