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'We're heartbroken, confused' | Attorneys for Rayshard Brooks' family says case should have gone to jury trial

Special prosecutor: Officers "acted within the scope of their duties."

ATLANTA — Attorneys for Rayshard Brooks' family are echoing statements from the community saying the police shooting case surrounding the death of the then 27-year-old should have gone in front of a jury.

Special prosecutor Pete Skandalakis determined Tuesday that the Atlanta Police Department officers involved in Rayshard Brooks' death used "reasonable" force and announced he was dropping the charges against them. Attorneys for Brooks' family held a news conference at 5 p.m. to share their sentiments around the decision.

"It's not about the finding," Attorney Chris Stewart said. "It's about the process."

Skandalakis said earlier in the day that law enforcement "acted within the scope of their duties" when Officer Garrett Rolfe and Officer Devin Brosnan tried to arrest Brooks in the parking lot of a Wendy's in June 2020. Brooks was killed by Rolfe at the fast-food chain that once stood at 125 University Ave SW.

RELATED: Rayshard Brooks murder case timeline | All that's happened since a police shooting that shook Atlanta

The incident started as a traffic stop on June 12, 2020. Officers were called to a suspected DUI over complaints of a man asleep at the wheel near the Wendy's drive-thru line. Brooks had run from Rolfe after grabbing his taser and discharging it back toward the officer, authorities said. During Brooks' attempted arrest, Rolfe fired a shot which resulted in the 27-year-old's death.

"The entire world has seen one finding from a district attorney - pictures, exhibits, breakdowns of videos - finding guilt, finding them at fault. Then today, we watch as a world, as a community, another district attorney or prosecutor finding (a) totally different result from the same facts," Stewart said. "And all of you can understand no matter what you look like how that's confusing."

The legal team went as far as to play a snippet of Skandalakis' news conference from Stewart's phone, calling it a fueling factor to their bewilderment. 

"What the special prosecutor confirmed today is that it was not a deadly weapon when he (Brooks) was killed," Stewart said, speaking of the Taser that was deployed. "But they decided to use lethal force while a man was running away."

RELATED: Charges dropped against Atlanta officers in shooting of Rayshard Brooks; prosecutor says they 'committed no crimes'

During his news conference, Stewart acknowledged that Brooks got into an altercation with the APD officer denouncing the action. 

"No person in this country should fight with police officers," Stewart said. "So was it wrong? Yes. But did he have to take his life? No." 

Recognizing the intense investigation this one altercation launched, Stewart said the complicated matter should not result in further confusion but a reason to put it before the people.

"All we're asking is that the community resolve these issues when it's a close call," he said. "Letting the people decide."

Stewart said that's what Brooks' family expected - but they'll never get that closure.

"So we're heartbroken, confused - but not angry," Stewart said, adding he will continue their fight in civil court despite their criminal case coming to a close.

During their news conference, Stewart and his colleague Justin Miller called for the community to avoid unrest. Despite Skandalakis' claim it was not a racial element, Miller emphasized there is a racial element to the case - but there will be no resolution, calling it a "travesty of justice."

"This isn't a time for unrest," Stewart added. "Unrest won't fix it."

Brooks' widow Tomika Miller was not present during the news conference but Miller spoke on her behalf, adding that she was invited to the special prosecutor's announcement an hour before he took to the podium. He said she did not deserve to learn the news the way the public did and she chose not to attend.

Brooks' widow is pursuing her civil suit against the officers and the city. She, along with activists, is pushing for the former site of the Wendy's to be turned into a peace center in Brooks' honor.

   

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