ATLANTA — In August, criminal charges including murder were dropped against Atlanta Police Officer Garrett Rolfe connected with the death of Rayshard Brooks in 2020 offering new insight into the incident. Lesser charges were also dropped against Officer Devin Brosnan.
On Wednesday the Prosecuting Attorneys' Council of Georgia which reviewed the case and dropped the charges released the investigation file from the case to 11Alive.
It includes hours of security camera, cell phone, and police body camera videos, along with a long list of audio interviews with witnesses and GBI agents working the case and detailed reports from independent investigators.
Minutes after the shooting, Officer Garrett Rolfe can be heard in the newly released body camera video saying, "He definitely did shoot it at me at least once," as he referenced Brooks holding a taser leading up to the shooting.
PAC Director Pete Skandalakis announced the dropping of the charges back in August and said he determined it was "reasonable" for Rolfe to use deadly force in the shooting of Brooks after he took a taser from Brosnan and gave Rolfe cause to "reasonably believe the suspect possesses a deadly weapon." Skandalakis said under case law a taser can be considered such a weapon.
Rolfe and Brosnan were attempting to arrest Brooks for a suspected DUI in a Wendy's parking lot in June of 2020.
Cell phone video released in its entirety for the first time as part of the file sent to 11Alive shows Brooks on top of the officers as a scuffle plays out. He can be seen grabbing one of their tasers and then attempting to tase them before running away.
Rolfe chases after him as Brooks turned and tried to fire the taser at Rolfe, and then the gunshots are heard on the cell phone clip.
Officers in additional body camera videos released for the first time show officers watching the cell phone clips at the scene of the shooting, with one officer immediately believing the video showed Rolfe's shots were justified.
"Right there. Look. Taser is in his hand," the officer can be heard saying. "That's going to help."
Other officers aren't as sure and can be heard describing how the struggle and shooting played out very quickly. At a later date, Brosnan along with his attorneys met with the GBI as its agents investigated the shooting.
An audio recording of his interview released for the first time is also included in the file. He recalled his body camera falling off during the struggle and afterward he asked several officers to find his camera as he believed it would clear him.
Officers did find his camera in the parking lot.
"'My worst fear you know is like someone steals it and then now...I mean like oh how convenient your body camera is gone now," he said. "I'm like no, but this is going to make sure it covers myself and everyone can see what happened."
There are several audio recordings from GBI agents interviewing witnesses. Most didn't see the shots fired by Rolfe, but did see the moments leading up to the shooting.
"I couldn't barely see because it was happening so fast," one woman said of the shooting.
At least two witnesses were reluctant to hand over cell phone video when asked during interviews with GBI agents. Those individuals didn't want to get involved with the investigation, but eventually did turn over video clips that night or the next day.
"I don't think I'm comfortable sharing that right now," one witness said of his video.
"I can't make you give me the video, but I'm just asking," an agent can be heard telling the man. "Our goal is to figure out every aspect of the case. Not just one video, two videos. If there is 1,000 videos out here that allow us to see it better."
While Brosnan sat down with GBI agents for an interview, Rolfe didn't.
His attorneys sent a letter to the GBI a month after the shooting in response to an interview request. They pointed to the Fulton County District Attorney at the time as the reason for shutting down any potential interview.
"Had Paul Howard waited for the GBI to conduct a thorough investigation of this matter instead of seeking arrest warrants five days after this incident, we would have allowed you to conduct a full interview with Garrett," the letter from attorney Noah Pines reads in part. "But, because Paul Howard decided to arrest Garrett prematurely...we can't agree to an interview."
Rolfe, however, did provide some information to the GBI. He wrote a two-paragraph letter describing the shooting that was attached to Pine's letter. It was released as part of the investigation file. The letter is the first time the public has seen Rolfe describe the shooting in his own words.
Here is what Rolfe wrote:
As I was pursuing Rayshard Brooks, he looked over his shoulder and then raised and pointed his arm at me in a manner consistent with someone pointing a weapon at me. I shouted, “Stop!” As Mr. Brooks’ arm was pointed at me, I saw a flash and heard a bang that was consistent with a weapon being fired at me. I immediately drew my department-issued pistol and returned fire. I fired what I later learned to be three rounds to stop the threat from Mr. Brooks.
I believe such force was necessary to apprehend Mr. Brooks, who was a suspected felon armed with a deadly weapon and/or an object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; to prevent death or great bodily injury to myself and others; and to prevent the commission of a forcible felony. Mr. Brooks also posed an immediate threat of physical violence to me and others, and there was probable cause to believe that Mr. Brooks committed a crime involving the threatened infliction of serious physical harm.