So, we have had an opportunity to review eight videotapes, two atlanta bodycam tapes, two atlanta we also had an opportunity to review a surveillance tape from wendys, we also viewed three citizens cellphone videos, with many of the videos we had the opportunity to enhance the videos so that we could get a better look. The other thing that we have had an opportunity to do is, view some of the physical evidence, the chevrolet trail blazer was a vehicle that was in the line at wendys on the night of this incident and it received a shot from officer rolfes gun. We have had an opportunity along with gbi few that trail blazer, my office has had an opportunity to inspect the crime scene, we have conducted a canvas of the area. We started our investigation at about 1 15 a. M. On saturday morning and we have been working on this case around the clock since that time. Go to the next slide. We have spent some time examining the taser evidence in this case. Weve actually examined and possessed the two tasers that were used, we have also had an opportunity to examine the taser logs that are prepared as the tasers are used and we have also consulted with a taser expert from the company that manufactures the tasers. We received a preliminary medical autopsy. Weve received a preliminary ballistics report and in reaching our conclusions today, we have worked with both the Georgia Bureau of investigation as well as the Atlanta Police department. This will be the fourth time that we have asked that arrest warrants issued in the case before an indictment, this lists the other three cases that we were involved where an arrest warrant was issued prior to indictment. Unfortuna unfortunately, this marks the 40th prosecution of Police Officers for misconduct here in our county and this is the ninth time that weve prosecuted a homicide case committed by a Police Officer, eight of those cases involved black males and one of those cases involved a black female. So, in reaching our decision there considerations that we considered important and one of the things that we noted from our evaluation was that mr. Brooks, on the night of this incident, was calm, he was cordial and he really displayed a cooperative nature. Secondly, even though mr. Brooks was slightly impaired, his demeanor during this incident was almost jovial. Also, we noted that he received many instructions from the atlanta officers and he was asked many questions, some of the questions he was asked repeatedly, but for 41 minutes and 17 seconds, he followed their instruction, he answered the questions, the fourth thing we noted is that mr. Brooks was never informed that he was under arrest for driving under the influence. And this is a requirement of the Atlanta Police department when one is charged with dui, the Atlanta Police departments only procedures require that that person is informed immediately that under arrest. Then he was grabbed from the rear by officer rolfe who made an attempt to physical restrain him after the discussion. We concluded and considered it as one of our important considerations that mr. Brooks never presented himself as a threat. At the very beginning he was peacefully sleeping in his car. After he was awakened by the officer he was cooperative and he was directed to move his car to another location he calmly moved his car. Mr. Brooks was asked whether or not he had a weapon. He indicated that he did not. Without any resistance, he passed his drivers license to the officers. And the officers then asked mr. Brooks whether or not he would consent to a patdown or a body search, and mr. Brooks allowed them to search him and the search yielded no weapon. It was interest, they noticed that there was a bulge in mr. Brooks pants, they didnt pull that testimony out of his pocket. They took mr. Brooks word that was bulge represented a number of dollar bills. But mr. Brooks never displayed any aggressive behavior during the 41 minutes and 17 seconds. Now, this is another important consideration that we discovered as we evaluated this case. Once mr. Brooks was shot theres an atlanta policy that requires that the officers have to provide timely medical attention to mr. Brooks or to anyone whos injured. But after mr. Brooks was shot for some period of two minutes and 12 seconds, there was no medical attention applied to mr. Brooks. But when we examined the videotape and in our discussions with witnesses, what we discovered is during the two minutes and 12 seconds that officer rolfe actually kicked mr. Brooks while he laid on the ground. While he was there fighting for his life. Secondly, from the videotape we were able to see that the other officer, officer bronsan actually stood on mr. Brooks shoulders while he was there struggling for his life. We were able to conclude that based on the way that these officers conducted themselves, while mr. Brooks was lying there, that the demeanor of the officers immediately after the shooting did not reflect any fear or danger of mr. Brooks, but their actions really reflected other kinds of emotions. So, as we are drawing our legal conclusion in this case, we were led by the two foundational cases in this matter. One being tennessee versus garner. And what that case points out is that when an officer is pursuing a fleeing suspect, that the officer may not use deadly force to prevent escape unless the officer has probable cause to believe that the suspect poses an immediate threat of death. Or, of serious, physical injury to that officer. The next foundational case that we use in our analysis is graham versus conner, this test is based on upon a reasonable us aer on the scene and not the individual officer, but a reasonable officer on the scene. Weve concluded at the time mr. Brooks was shot that he did not pose an immediate threat of death. Or serious physical injury to the officer or officers. If you would get the photograph. Yeah. This is the first photograph we were able to what this photograph illustrates is the point that officer rolfe at this point was firing that taser. Mr. Brooks was firing a taser as well. I dont know if you can see it cle clearly the taser were actually fired above officer rolfes head. Also look at the position of officer rolfe and mr. Brooks, they are here next to this red automobile. If we look at the next photograph if we look at the next photograph, well see the positions of both parties, theyve changed, mr. Brooks has now moved away from his original position and we estimate the distance is probably about 12 feet androlfe has moved about ten feet from the position which is our exhibit number 1. The second video or second still shows the very instance that the shot was fired into the back of mr. Brooks. And we have also calculated the distance and the distance that they record to alt that time was 18 feet, 3 inches at the time this shot was fired. So, based upon that information, we have concluded that mr. Brooks was running away at the time that the shot was fired. Mr. Brooks was shot twice in the back. One of the shots was a center shot to the back. That penetrated his heart. It was done by a 9millimeter glock. One of the things that we also relied upon in our conclusion something thats called under the law, referred to an excited utterance. Thats when someone makes an immediate statement and because its made without the ability to consult with counsel or think about it under the law, excited utterance is considered highly reliable. At the time the shot was fired, the utterance made by officer rolfe was, i got him. That was the statement that was made at that time. We also noted that officer rolfe was firing a taser at mr. Brooks, the city of atlantas sop prohibit officers from firing tasers at someone whos running away. The city of atlanta said you cant even fire a taser at someone whos running away so you certainly cant fire a gun, a handgun, at someone whos running away. So in addition to our findings, as many of you already know, the atlanta mayor, Keisha Bottoms and the Police Department concluded that officer rolfes actions were excessive and in violation of s. O. P. , 4. 1. 1. After their analysis that the actions were excessive, officer rolfe was fired. We have also concluded that rolfe was aware that the taser in brooks possession that it was fired twice. And once its fired twice it presented no danger to him or to any other persons. Now, we have had quite something remarkable happen. It involves the testimony of the other officer, devin bronsan. Because officer bronsan has now become a states witness, he has decided to testify on behalf of the state in this case. What he has said to us, within a matter of days, he plans to make a statement regarding the culpability of officer rolfe but he indicated that hes not psychologically willing to give that statement today. Officer bronsan, however, has admitted that he was in fact standing on mr. Brooks body. Immediately after the shoot. Shooting. These are the charges that we have had filed today. Signed by one of our superior court. The charges against officer rolfe, first charge is felony murder. The death as a result of an underlying felony, in this case, aggravated assault with a Deadly Weapon. The possible sentence for a felony murder conviction would be life, life without parole or the death penalty. Now, hes also charged in the arrest warrant with ingaggravat assault with a Deadly Weapon. And this is count charging him for the shooting of mr. Brooks. And a possible sentence for aggravated assault is 20 years. The second of the third aggravated assault account is for the shooting towards oregon in the direction of mr. Evans, mr. Evans was the person who was seated in the car if we have the picture. And if you would point out this automobile is the place that mr. Evans and his two companions were driving and the shot was fired. I ibelieve we also got a photo f the shot that ended up in the vehicle. I think you got it. Stand it up. And so, with count four in the passenger side of the front seat of the car, next slide. Count five, aggravated assault charge and this was a charge for shooting towards or in the direction of michael perkins, mr. Perkins was seated in the rear of this same vehicle at that time. Officer rolfe is also charged with seven violations, one to five sentences. These are violations of his oath of office, arresting mr. Brooks for the dui without immediately informing him of the arrest. Shooting a taser at mr. Brooks while he was running which again is a violation of atlantas own s. O. P. Thoroughly Excessive Force when shooting a firearm at mr. Brooks. And number four is the failure to render timely medical aid. Those are the four violations of oath. The eighth is for kicking mr. Brooks and the possible sentence for kicking mr. Brooks is from 1 to 20 years. And we actually have a photograph of the and these are the charges for officer brosnan and there are a total of three charges and the first charge is for aggravated assault and this is for standing or the possible sentence for this crime is 1 to 20 years and this is a photograph of officer brosnan, who you can see to the right and at the time of the photograph, he is standing on the body of mr. Brooks. And as ive indicated earlier in our conversations with mr. With officer brosnan, he has admitted that he stood on the body of mr. Brooks. He says that he believes that he was standing on mr. Brooks arm but that is what the photograph shows. Weve also charged him with additionally two violations of oath. One is for the standing on the shoulder. That is an unauthorized, weaponless control technique, which the city of atlanta prohibits and the second violation of oath was for the failure to render timely medical aid to mr. Brooks. We are asking officer rolfe and officer bresnan to surrender themselves by 6 00 p. M. Tomorrow because officer brosnan is now becoming a cooperating witness for the state, we are asking the court to grant a bond of 50,000 and to allow mr. Officer brosnan to sign that bond. As i indicated that he would become one of the first Police Officers to actually indicate that he is willing to testify against someone in his own department. As for officer rolfe, the person who fired the two bullets, we are ask iing we are recommending no bond for officer rolfe. If he is given a bond, that would be done by one of our superior court judges, but because of the severity of his act and then following up that act with kicking mr. Brooks, we are asking that he not be granted a bond. I do want to ask mr. Sean williams mr. Williams represents melvin, who was driving the vehicle from memphis. I have already apologized to mr. Evans on behalf of the people of Fulton County and the city of atlanta. He was only down here for a short while and its really unfortunate that he was his vehicle was fired upon that night. Thank you, mr. Howard. I first want to on behalf of all three of my clients who not only witnessed this horrific and tragic killing of this young man, i want to officer the condolences from them to the Rayshard Brooks family, and particularly his daughter. It has been very difficult for each one of my clients, because they witnessed it. And they, themselves, have a lot of emotion on what they saw and what they was a part of, unvoluntarily. I want to thank paul howard, personally, and commend him. Ive been doing these type of cases across this nation and mr. Howard is one of the few prosecutors who will go on the line to investigate Something Like this, as serious as this, and to do it in a way that i believe makes this city proud, as im a resident of this great city. And as he said, with greatness comes responsibility. The city of atlanta is a great city. And i wanted to apologize to my clients themselves that they came from memphis and witnessed this. Theyre not going to give statements here today, but i will confirm to you that they have met with the Georgia Bureau of investigation, provided them statements as well as information to support what you saw presented today by paul howard. It confirms that at no time was mr. Brooks ever a threat to anyone, including the officers in that wendys parking lot. My clients statements confirm that mr. Brooks was running, his back was turned, and was never a threat to anybody. The only threat that arose is when the officer pulled out a gun. Two of those bullets entered mr. Rayshard brooks body, killing them. One of those bullets entered my clients vehicle, almost killing them. We could be here talking about four murders. And for that, my clients have suffered a lot, but nothing compared to what this family has. And with that said, my clients are here to join the fight of justice, to provide any assistance to this family, as well as to the Fulton CountyDistrict Attorneys office, as well as the gbi. And they look forward to an opportunity where they have justice is served. And i want you to know that they were fearful for their lives. That bullet came very close to them and mr. Brooks body lay less than ten feet from their vehicle. And keep in mind, this was in a crowd wendys drivethrough parking lot. And when you take the actions of reasonableness, as mr. Howard said, reasonableness never has a Deadly Weapon being fired when you have innocent bystanders like my client standing there. All of those things, as well as the fact that mr. Brooks was not a threat to any officer that night should have gone into play. But it didnt. And i hope and pray that with this action by Fulton CountyDistrict Attorneys office, as well as the actions by mayor bottoms and the task force, that we dont have to have anymore press conferences like this anytime soon. Thank you, mr. Howard. I appreciate you. And ladies and gentlemen, mrs. Miller, who is the wife of Rayshard Brooks is here today a are. I think her stewart, is going to speak in her instead. Im chris stewart. Tameka isnt in a position to speak right now. She wasnt aware of all of this information, just like we were not aware, just like i believe the nation was not aware of all of this that the shot happened after the deployment of the taser, when he started running again, that you would kick another human being after you just put two bullets in his back. But even in dark times like this, you have to try to see the light. And the positivity of this situation is the courageousness of officer brosnan to step forward and say what happened was wrong. It is officers like that who change policing. And i know hell probably catch all kinds of problems and hate and things like that, but if the courageousness of those type of officers that we love and support is the courageousness of District Attorneys that are going to do their job. And we were willing to accept whatever the findings were. But thats why people elect you. Do your job. Thats why you become a Police Officer. Do whats right. So its not day of joy watching the charges and whats going to happen to this officer, because it shouldnt happen. So its heartbreaking, but it is an attempt to redefine justice. Because like i said before, we dont have any idea what it is anymore in this world. And this is what justice is going to start looking like, officers stepping forward to stop other officers, coming forward and helping, trying to get a family who now has their father gone justice, then we support it. And thank everybody out there who is supporting this family and trying to change the world of policing for the better for everybod everybody. All right. I am going to try to take a few questions. I wanted to i promised miss miller that i would get a chance to spend a little time with her before they had to leave. It is a very unfortunate situation for her, and so ill take a few questions at this time. Could you elaborate, please, on this being the first time a Law Enforcement officer here in atlanta has decided to come forward and say they will indeed speak against a partner in the department, sir . We have as i indicated earlier, weve had about 40 of these cases that weve prosecuted and i dont remember a circumstance where weve had an officer, particularly in a case this important, to step forward and to say that they would cooperate with the state. So we are really appreciative of officer brosnan. Hopefully, that will mean that this matter can be resolved in a much quicker manner, but we certainly appreciate his courage in standing up and taking that step. For reelection. [ inaudible question ] whats your response . I dont think i understood your questi