Fortunately for Rolfe and Brosnan, multiple videos captured the 40 minutes of interaction between them and Brooks. The cops were making a lawful arrest for DUI and the videos show their valid response to the deadly situation created by Brooks. Yet Atlanta District Attorney Paul Howard ordered both cops arrested and announced 11 charges against Rolfe, including felony murder. Howard filed these charges at a time when he is in danger of losing his reelection bid, and under criminal investigation himself for allegedly using a nonprofit to funnel $140,000 of Atlanta funds to supplement his salary.
Howard should face serious repercussions for irresponsibly bringing these charges.
The charges against Rolfe boil down to whether under Georgia law, the taser is a “deadly weapon.” The answer lies with Howard. Just 10 days before Rolfe’s arrest, Howard announced that he had charged several Atlanta cops with excessive force involving a taser. CNN reported that the taser is referred to as a “deadly weapon” in those arrest reports. At that press conference, Howard stated unequivocally that “under Georgia law, a taser is considered as a deadly weapon.” Apparently, for Howard, it’s not a deadly weapon if it’s used against a cop.
In attempting to justify Rolfe and Brosnan’s arrests, Howard claimed that “Mr. Brooks never displayed any aggressive behavior.” Was that before or after Brooks fought the two officers, grabbed one of their tasers, and then fired it at the other? Howard then claimed that the cops didn’t follow procedure in informing Brooks of the reason for his arrest.