DA refuses to sue Sleeping Dad cops who woke up, shot him in the back, killed him

 One would think that with the heightened tensions between police and also the citizens during the summer of 2020, police would have attempted to tone down their escalation tactics. Sadly, however, one would be wrong. Days after George Floyd was killed, another Negro was killed after he fell asleep within the drive-thru of a Wendy’s restaurant.

Tomika Miller remained hopeful that the officers involved in her husband, Rayshard Brooks’ death would be prosecuted. However, the public prosecutor has decided to depart this world of the case, leaving the family in despair.

“When I received this message on the media, I fell to my knees and that I cried,” Miller said Thursday at a conference.

According to Patch.com:

Newly elected Fulton County public prosecutor Fani Willis announced last week that her office would turn the murder case against Atlanta officer Garrett Rolfe over to the office of Georgia Attorney General Christopher Carr.

Citing concerns that a charge of felony murder — causing death when committing an underlying felony — and related charges filed against Rolfe and fellow officer Devin Brosnan were made by former prosecuting attorney Paul Howard during a heated election, Willis passed the case to the attorney general to either prosecute or give to a different area prosecutor, per the Atlanta Journal-Constitution.

“My predecessor obtained arrest warrants against the subsequent defendants for incidents that occurred during the campaign,” Willis wrote last week in a very letter to Carr that was obtained by the AJC. “I believe his conduct, including using video evidence in campaign television advertisements, may have violated Georgia Bar Rule 3.8(g).”

The death of Brooks, a 27-year-old father from Atlanta has already caused a large backlash within the city and this decision will likely cause further outrage. Amid immediate protests sparked at the time, Atlanta captain Erika Shields resigned her position. The officer, identified as Garrett Rolfe, who shot Brooks within the back twice as he ran away was also fired. the opposite officer involved in the encounter, Devin Brosnan, has been placed on administrative duty.

“There may be a clear distinction between what you'll do and what you ought to do,” Mayor Keisha Lance Bottoms said during a conference at the time. “I don't believe this was a justified use of deadly force.”

Neither can we.

After killing Rayshard, police released the body camera footage the following day. Several bystander cameras and surveillance camera footage was also released. They paint a disturbing picture, showing the last moments of Rayshard’s life.

According to the Georgia Bureau of Investigation, Atlanta police older a call of a person asleep in Wendy’s drive-thru. rather than simply trying to wake Brooks up, some “see something, say something” citizen decided to involve police — which proved to be fatal.

The first body camera video, worn by Brosnan, shows him approach the sleeping father of three in his car around 10:40 p.m. that night.

Brooks is outwardly asleep behind the wheel, and Brosnan knocks on the window to wake him up. The officer opens the door and says to Brooks, “Hey man, you’re parked within the middle of the drive-thru line here.” At first, Brooks doesn't appear to retort.

When he does rouse, Brooks appears disoriented and incoherent. Brosnan asks whether he’s tired then tells Brooks to drag over into a parking spot. Eventually, Brooks moves the vehicle after some more prodding from the officer, who had to wake Brooks a second time.

Brosnan approaches Brooks’ parked vehicle and asks him whether he’s been drinking. Brooks tells the officer he had just one drink. As Brooks searches for his license, Brosnan radios to form several requests for an additional officer to conduct a DUI test.

Brooks appears to be disoriented and doubtless shouldn't are driving. He tells Brosnan that he's “visiting.”

“Who are you visiting?” the officer asks.

“My mother’s gravesite,” Brooks says.

“Oh, I’m sorry to listen to that,” Brosnan says.

When officer Rolfe arrives on the scene, he asks Brooks how he has to be compelled to Wendy’s, but Brooks doesn’t remember being within the drive-thru.

After Rolfe gives Brooks a Breathalyzer, Brooks admits to the officers that he’d been drinking because it had been his daughter’s birthday.

“I think you’ve had an excessive amount of to drink to be driving,” Rolfe says. “Put your hands behind your back.”

At this point, a struggle ensues, and therefore the two officers force Brooks to the bottom. Brooks then grabs the taser from one in all the officer’s hands

“Hands off the f***ing Taser,” one amongst the officers says. “Hands off the Taser.”

Brooks then gets up and starts to exploit after hitting Rolfe within the face.

In the surveillance video released by the GBI, Brooks is seen deed as Rolfe follows him. Rolfe then switches from his taser to his handgun before Brooks turns and points the taser at him, a fatal mistake.

Rolfe fired three shots at Brooks, two of which hit him within the back and killed him.

The body camera footage also captured audio of bystanders yelling at the officers, with one telling them, “Both of your careers are definitely done, because you simply shot a person, for no reason.”

L. Chris Stewart, an attorney for Brooks’ family, said the officers failed to need to shoot Brooks, adding that a Taser isn't a deadly weapon.

“If the officer had been a touch more empathetic and a touch less scared, we probably wouldn’t have a dead client,” Stewart said.

After the news on Thursday, Miller was joined by Georgia State Rep. Erica Thomas and Atlanta council member Antonio Brown who expressed their disappointment with the DA’s decision and asked another prosecutor to require the case.

“As we stand here, we’re inquiring for the town … and therefore the state to support this case visiting a municipality … another county that may truly be ready to give this case a good chance,” Brown said.

Below are several videos of the initial stop and field sobriety test.