Death of Rayshard Brooks

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The death Rayshard Brooks took place on June 12, 2020, Atlanta in the US state of Georgia , as the 27-year-old African American Rayshard Brooks by a police officer was killed with two shots. Brooks had earlier opposed his arrest for drunk driving and fired a police officer with a stolen taser while on the run . The event was comprehensively documented by the body cameras of the two police officers, the surveillance camera of a fast food restaurant and a private cell phone video. The killing received enormous attention due to the close proximity to the George Floyd case and led to protests against police violence and racism, some of which turned into violence. The branch of the fast-food chain Wendy's , in whose parking lot the events were taking place, was set on fire. The two police officers involved in the operation were charged with murder ( Felony Murder ) and grievous bodily harm after the killing of Brooks .

incident

People involved

Rayshard Brooks , 27, was the father of three daughters aged one, two and eight years. Brooks also had a 13-year-old stepson . He worked in a Mexican restaurant. At the time of his death, Brooks had been married to his wife Tomika Miller for eight years. In 2014, Brooks pleaded guilty of being deprived of liberty ("False Imprisonment"), assault against a family member ("Simple Battery / Family"), bodily harm ("Battery Simple") and child abuse ("Cruelty / Cruelty to Children"). The imprisonment was then sanctioned with a prison term of seven years (six of them suspended on probation ) and the other three offenses with suspended sentences of one year each. On the day of his death, Brooks was still on parole and had to face revocation and imprisonment due to the arrest.

Garrett David Rolfe , 27, had been working for the Atlanta Police Department for seven years at the time of the incident. Rolfe was part of the High Intensity Traffic Team DUI task force , whose task is to monitor road users for alcohol and drugs. On January 9, 2020, Rolfe received training on the use of direct coercion , and on April 24, 2020, he had participated in de-escalation training. According to his personal file, possible violations of the rules by Rolfe were checked in twelve cases during his time as a police officer. He was exonerated in nine cases, and in three cases a rule violation was sanctioned with a reprimand. Two of the sanctioned cases involved traffic accidents.

The subject of the third sanctioned case was a car chase in September 2016. Here, Rolfe aimed his service weapon at the vehicle from the passenger seat of a patrol car. This violated a service instruction, according to which suspects may only be targeted if the use of the weapon would also be permissible. Rolfe justified his actions by saying that, given previous experience in such cases, he was concerned that the inmates might be armed. After the two suspects had given up, a firearm was actually seized in the tracked vehicle, a stolen BMW. Rolfe did not fire any shots in the incident. As a consequence, a follow-up training was imposed on him.

In 2015, however, there were no sanctions whatsoever when Rolfe shot 40-year-old African American Jackie Harris. Harris was traveling in a stolen truck. According to the police, he is said to have used this to drive up to officials and to have rammed a patrol car twice . According to his attorney, Harris, who survived the incident, was shot five times. According to him, three of them came from Rolfe's weapon. During the trial of Jackie Harris, presiding judge Doris Downs noted that the police report did not mention the firing of the police officers anywhere. Downs then suspected a cover-up and passed on her suspicions and data on the case to the Georgia Bureau of Investigation (GBI). However, the GBI did not investigate the case itself, but delegated it to the Atlanta police. District Attorney Paul Howard ruled the gunfire justified five years after the events and waived prosecution. The decision was made in February 2020, a few months before the fatal shooting at Rayshard Brooks, because of which District Attorney Howard decided to charge Rolfe.

Devin Brosnan joined the Atlanta Police Department in 2018. There were no disciplinary proceedings against him during his service.

Happening

On June 12, 2020, Rayshard Brooks wanted to visit the Wendy's fast-food restaurant, but fell asleep in his car in the drive-in and blocked it. After Brooks did not respond to the request to move his car, an employee of the fast food restaurant called the police. Police officer Devin Brosnan was then dispatched to the fast food restaurant. Brosnan found Brooks asleep in his car, woke him up and told him to move his car. Here Brosnan smelled alcohol at Brooks. Brosnan then requested assistance from an officer specializing in drunkenness controls. As a result, the police officer Garrett Rolfe from the High Intensity Traffic Team responsible for such tasks went to the parking lot of the fast food restaurant.

Upon arrival, Rolfe asked Brooks about possible alcohol consumption. Brooks was initially cooperative and offered to leave the car and walk home. He admitted having consumed alcohol, but gave unclear information about the type and amount. Rolfe then subjected Brooks to a driving ability test, in which he had Brooks perform various exercises. However, from Rolfe's point of view, Brooks did not pass the test, whereupon he carried out a breath alcohol test on him . The result of the test was 1.08 per mille and thus above the permissible value of 0.8 per mille.

Rolfe then informed Brooks that the result was too high for participation in traffic. He asked him to put his hands behind his back. When Brooks did this and Rolfe tried to handcuff him, Brooks began to resist. This culminated in a fight in which Brooks and the cops went down and Brooks punched Rolfe. Brooks was threatened in the course of the fight to shoot him with a taser and asked to keep his hands off this. Brooks nevertheless seized the taser from Brosnan, who hit his head on the floor and was disoriented as a result. Brooks managed to shake off the two officers and to escape on foot with the taser.

Policeman Rolfe then followed suit on foot. During this, Brooks turned around, aimed the taser at Rolfe and fired him without hitting. Rolfe then fired three shots at Brooks from his service weapon, which hit Brooks twice in the back. Rolfe then undertook resuscitation on Brooks until the rescue workers arrived.

Brooks later died in the hospital. Devin Brosnan was later hospitalized for injuries from the previous fight and was diagnosed with a concussion.

Reactions

The violent death of Rayshard Brooks drew widespread reactions. The policeman Garrett Rolfe, who fired the fatal shots, was dismissed from duty, his colleague Devin Brosnan suspended. The day after the shooting, Atlanta Police Chief Erika Shields announced her resignation. The Democratic mayor of the city, Keisha Lance Bottoms , evaluated the use of lethal force as unjustified. The police also released recordings from the two officers' body cameras and the video from a surveillance camera at the fast food restaurant.

A short time later, spontaneous demonstrations took place at the scene. On June 13, the fast food restaurant in whose parking lot Brooks was shot was set on fire. Protesters also blocked important streets in the city. The police arrested 36 people as a result.

Rayshard Brooks' family attorney stated after the fatal shots that tasers are considered non-lethal weapons in Georgia and that police use of the firearm was therefore not justified. He also criticized the fact that the two policemen first put on plastic gloves and picked up cartridge cases, which delayed the provision of first aid by them by two minutes and sixteen seconds.

Steven Gayno, the chairman of the local police union, said Rayshard Brooks resisted and posed a threat to his arrest. In police training, it is taught to regard the theft of the taser as a deadly danger, because a police officer could thereby be incapacitated and his service weapon could then be confiscated. The use of firearms was therefore justified. The public prosecutor, on the other hand, who charged Rolfe with murder, justified the charges by saying that the taser, which was empty after the two shots, no longer posed a threat. The Georgia Law Enforcement Organization , an association for the support of police officers, started a fundraising after the fatal shooting to cover the legal costs for the suspected officers and after a short time reached a sum of 250,000 dollars.

Arson and shootings

On June 13, 2020, rioters set fire to the branch of the Wendy's fast-food restaurant, in whose parking lot Rayshard Brooks was shot. Militant activists then set up barricades on nearby University Avenue and patrolled the area with firearms. While African American drivers were allowed to pass the barricades used as checkpoints, white road users were forced to turn back. The police avoided the area. On July 4, 2020, shots were fired from a group of people at a car that wanted to drive between the erected barricades. Eight-year-old African American girl Secoriea Turner was fatally injured after being shot by a total of four shooters. A day later, a 53-year-old man was killed and two other people injured in a shooting in the area.

On July 6, 2020, the police moved into the area around the burned down Wendy's branch and cleared the protest camp there. After a total of 31 people were injured and five killed in gunfights in Atlanta over the weekend, Governor Brian Kemp also declared a state of emergency. The move allows the state of Georgia to mobilize the National Guard and deploy the state police . Kemp announced the dispatch of 1,000 National Guardsmen to Atlanta. These are there to secure state facilities such as the Capitol and the seat of the governor. The aim is to relieve the Georgia State Police of guard duties and enable them to support the Atlanta City Police through patrol activities.

On July 14, 2020, the ruins of the Wendy's branch were demolished.

Prosecution

Prosecution and Imprisonment

On June 17, 2020, was prosecutor of Fulton County known to indict those responsible for the fatal shooting police officer Garrett Rolfe because of a homicide. District Attorney Paul Howard said Rayshard Brooks did not appear to have posed any threat to anyone. It is incomprehensible why the situation escalated to Brooks death. Howard also criticized the police for failing to inform Brooks that he had been arrested for drunk driving. The district attorney also complained that it took more than two minutes for officers to provide first aid. Rolfe even missed a kick to Brooks and Brosnan stood on his shoulder. Because of the latter allegation, the public prosecutor's office is accusing Brosnan of dangerous physical harm.

Arrest warrants were issued against both Garret Rolfe and Devin Brosnan at the request of the prosecutor . Both then surrendered to the authorities. Brosnan was released on bail for $ 50,000. Garrett Rolfe was given bail of $ 500,000 some time later. Other conditions imposed on him were the wearing of an electronic ankle cuff, curfew, surrender of his passport, non-possession of firearms and avoidance of contact with police officers, witnesses and relatives of the victim. Rolfe was released from prison on July 1, 2020.

Defense attorney statements

Garrett Rolfe's defense lawyer said in a statement that Rolfe heard a shot and saw lightning in front of him. As a result, Rolfe feared for his safety and the safety of others present and fired shots at Rayshard Brooks with his service weapon. Rolfe then immediately requested medical assistance and provided first aid. The prosecution's allegation that he kicked Brooks does not apply. Devin Brosnan's defense team denied that he was on Brooks' shoulder. Rather, Brosnan initially did not know who had shot and held Brooks' arm down with his foot for less than ten seconds so that he could not reach for a weapon. Brosnan should never have been charged.

Requests

On July 20, 2020, the accused ex-police officer Garrett Rolfe's lawyers petitioned the Fulton County Prosecutor's Office to dismiss the case. District Attorney Paul Howard has repeatedly made inflammatory comments about Rolfe, made contradicting statements about the lethality of tasers, and is himself the target of an investigation by the Georgia Bureau of Investigation . The defense attorneys accused Howard of systematically trying to deprive Rolfe of a fair trial and an impartial jury.

Individual evidence

  1. ^ Former Atlanta cop charged with felony murder in Rayshard Brooks' death , The Atlanta Journal-Constitution (Online) June 17, 2020, accessed July 20, 2020
  2. ↑ Who was Rayshard Brooks? Atlanta Journal Constitution, June 14, 2020, accessed June 15, 2020 .
  3. ↑ Who is Rayshard Brooks, 27-year-old black man killed by Atlanta police? CBS News, June 15, 2020, accessed June 16, 2020 .
  4. ↑ EXCLUSIVE: Rayshard Brooks was on probation for four crimes - including cruelty to children - and faced going back to prison if charged with a DUI, when he was found asleep and intoxicated at Wendy's drive-thru. Daily Mail, June 17, 2020, accessed June 18, 2020 .
  5. ^ Atlanta cop Garrett Rolfe who fatally shot Rayshard Brooks was fired within 24 hours. New York Post, June 14, 2020, accessed June 15, 2020 .
  6. ↑ Body cam footage of Rayshard Brooks' death shows calm, then chaos. Atlanta Journal Constitution, June 14, 2020, accessed June 17, 2020 .
  7. ^ A b Zachary Hansen: Ex-cop who shot, killed Rayshard Brooks was previously reprimanded for use of force. Atlanta Journal Constitution, June 15, 2020, accessed June 17, 2020 .
  8. ↑ Brittany Shammas: Atlanta police cited ex-offiver over firearm. Arkansas Democrat Gazette, June 23, 2020, accessed June 22, 2020 .
  9. ^ Christian Boone, Bill Rankin: Ex-cop charged in Rayshard Brooks case involved in earlier shooting. Atlanta Journal Constitution, June 19, 2020, accessed June 20, 2020 .
  10. ↑ a b c Bill Rankin: EXCLUSIVE: Atlanta cop charged in Brooks case: 'the truth will come out'. Atlanta Journal Constitution, June 22, 2020, accessed July 6, 2020 .
  11. ↑ a b Body cam footage of Rayshard Brooks' death shows calm, then chaos. Atlanta Journal Constitution, June 14, 2020, accessed June 15, 2020 .
  12. ↑ DA criticizes Atlanta police killing of Rayshard Brooks and says charges could come this week. CNN, June 14, 2020, accessed June 15, 2020 .
  13. ↑ a b How Rayshard Brooks Was Fatally Shot by the Atlanta Police. New York Times, June 14, 2020, accessed June 15, 2020 .
  14. ↑ a b Atlanta officer who fatally shot Rayshard Brooks has been terminated. CNN, June 14, 2020, accessed June 15, 2020 .
  15. ↑ Hubert Wetzel: Shocking pattern. Süddeutsche Zeitung, June 15, 2020, accessed on June 15, 2020 .
  16. ↑ Full police bodycam footage of Rayshard Brooks Shooting in Atlanta, Georgia. June 16, 2020, accessed on June 18, 2020 .
  17. ↑ a b Autopsy report says Rayshard Brooks was shot twice in the back, lists manner of death as homicide. CNN, June 15, 2020, accessed June 15, 2020 .
  18. ↑ Atlanta police officer involved in fatal shooting of Rayshard Brooks fired as protests grow. NBC News, June 13, 2020, accessed June 15, 2020 .
  19. ↑ "Mr. Brooks keep breathing. Keep breathing for me." Fired officer who shot Rayshard Brooks dead begged the father-of-ur to stay alive as he desperately administered CPR, bodycam footage reveals In: dailymail.co.uk , June 17, 2020, accessed June 18, 2020
  20. ↑ Rayshard Brooks death: Atlanta police officer fired; police chief steps down. USA Today, June 14, 2020, accessed June 15, 2020 .
  21. ↑ 36 arrested, Wendy's burned after protests over Atlanta police shooting. Atlanta Journal Constitution, June 15, 2020, accessed June 15, 2020 .
  22. ↑ Shot from behind. Die Zeit, June 14, 2020, accessed June 15, 2020 .
  23. ^ Arrest warrants issued for the officers facing charges in the death of Rayshard Brooks. CNN, June 18, 2020, accessed June 18, 2020 .
  24. ↑ [ https://www.wsbtv.com/news/local/da-paul-howard-expected-make-announcement-possible-charges-rayshard-brooks-shooting/EZ5T5RIXTRHO3O5LYBX6W3VN5U/ WSB-TV Atlanta - 11 charges, including murder , for officer who shot Rayshard Brooks; 2nd officer also charged] from June 17, 2020, accessed July 24, 2020
  25. ↑ $ 250K raised for officer charged with murder of Rayshard Brooks. WSB TV, June 18, 2020, accessed on June 20, 2020 (English).
  26. ↑ Bill Torpy: OPINION: Went to the torched Atlanta Wendy's and got guns with that. Atlanta Journal Constitution, June 24, 2020, accessed July 6, 2020 .
  27. ^ Asia Simone Burns: Suspect in Secoriea Turner's death to remain in jail. Atlanta Journal Constitution, July 16, 2020, accessed July 17, 2020 .
  28. ↑ J. Scott Trubey, Joshua Sharpe, Asia Simone Burns: Atlanta Mayor Bottoms calls on violence to stop after 8-year-old's death. Atlanta Journal Constitution, July 5, 2020, accessed July 6, 2020 .
  29. ^ Police respond to 2nd deadly shooting in 24 hours near burned Wendy's. WSB TV, July 5, 2020, accessed on July 6, 2020 (English).
  30. ^ Joshua Sharpe, Jeremy Redmon: Tensions high as campers evicted from Atlanta Wendy's after child death. Atlanta Journal Constitution, July 6, 2020, accessed July 7, 2020 .
  31. ^ Governor declares State of Emergency, authorizes 1,000 National Guard troops to Atlanta. WSB TV, July 6, 2020, accessed on July 7, 2020 (English).
  32. ^ Ray Sanchez: Wendy's demolished at site of Rayshard Brooks shooting in Atlanta - CNN. In: edition.cnn.com. July 14, 2020, accessed August 7, 2020 .
  33. ^ Ex-Atlanta Police officer who killed Rayshard Brooks charged with felony murder. CNN, June 18, 2020, accessed June 18, 2020 .
  34. ↑ a b Ex-Atlanta cop Rolfe faces murder charges, possible death penalty, in Rayshard Brooks case. New York Post, June 17, 2020, accessed June 18, 2020 .
  35. ↑ BREAKING: Ex-officer charged with murder in Rayshard Brooks' death turns himself in. Atlanta Journal Constitution, June 18, 2020, accessed on June 18, 2020 .
  36. ↑ Kate Brumback: Ex-Atlanta officer who killed Rayshard Brooks granted bond. The Hour, June 30, 2020, accessed June 30, 2020 .
  37. ↑ Pamela Kirkland, Angela Barajas: Former Atlanta police officer who shot Rayshard Brooks is released from jail. CNN, July 1, 2020, accessed July 1, 2020 .
  38. ^ A b Attorneys For Former Atlanta Officer Charged In Rayshard Brooks' Slaying Want Prosecutor Removed. Wabe, July 20, 2020, accessed on July 28, 2020 .
  39. ^ Christian Boone: Attorney for Garrett Rolfe seeks Fulton DA's recusal. Atlanta Journal Constitution, July 21, 2020, accessed July 28, 2020 .