Devin Brosnan turned himself in Thursday morning. He received a bond, signed his paperwork and headed home. However, Garrett Rolfe, who is charged with felony murder, turned himself in Thursday afternoon and remains in jail.
Wednesday, D.A. Paul Howard described Brooks' interaction with the two officers.
"Mr. Brooks never presented himself as a threat," he said. "Mr. Brooks never displayed any aggressive behavior during the 41 minutes and 17 seconds," he said.
Attorney Lance LoRusso of the LoRusso Law Firm is now representing former officer Rolfe. The attorney released a statement describing his client's and Brosnan's attempt to arrest Brooks.
He said Brooks "escalated his resistance by punching Officer Rolfe in the face."
The statement also added that "Officer Rolfe lawfully deployed his taser twice, but it had no effect on Mr. Brooks."
"Mr. Brooks continued his assault and disarmed Officer Brosnan, stealing his city-issued taser," the statement reads.
Amanda Clark Palmer is one of he attorneys representing Brosnan.
"Our client Devin was actually injured in that struggle," she said. "He smacked his head very hard on the pavement. He was later diagnosed with a concussion. He had injuries and a burn to his hand from the taser we believe Mr. Brooks fired at him."
LoRusso also wrote that when escaping, Brooks reached back with his arm extended and Rolfe "heard a sound like a gunshot and saw a flash in front of him." The statement said he feared for his safety and fired his service weapon "at the only portion of Mr. Brooks that presented to him - Mr. Brooks’ back."
However, the district attorney said Brooks only had a taser.
"He was some eighteen feet, three inches away, his back was turned. I believe a reasonable person would conclude he wasn't an immediate threat at that time," he said.
After he was shot and on the ground, the district attorney's office argues Rolfe kicked Brooks and then Brosnan stood on Brooks' shoulder.
"This is a photograph of Mr. Brosnan who you can see to the right and at the time of the photograph he is standing on the body of of Mr. Brooks," he said.
Brosnan's second attorney, Don Samuel told 11Alive on Thursday, they are not denying that his client stood on Brooks, but said context is needed. He also said a charge of aggravated assault is an overreach.
"He puts his foot down on his arm just to make sure that he can't grab a weapon. It is like six seconds," he said. "Then he realizes he has been shot, he doesn't have a weapon and he takes his foot off his arm."
Rolfe's attorney, LoRusso, has only been releasing statements so far by e-mail, so 11Alive has been unable to ask about the claim his client kicked Brooks after being shot.
A statement sent on LoRusso's behalf Thursday evening said "he is confident that when all of the evidence is heard, Officer Rolfe will be vindicated."