Former police officer Garrett Rolfe, who fatally shot fleeing Afro-American Rayshard Brooks in the back last week in Atlanta, Georgia, will be charged with murder and assault, officials say.
Garrett Rolfe, who has already been fired, faces 11 charges related to Rayshard Brooks’ death. If convicted, he could face the death penalty.
The other officer at the scene, Devin Brosnan, will testify as a prosecution witness in the case, officials said.
The Rayshard Brooks case comes amid protests over police killings of black Americans.
Lawmakers in Washington are currently debating new police reform laws.
According to officials, this was the ninth time that an Atlanta police officer had been prosecuted for homicide.
They added that it is believed to be the first time a police officer would testify against a member of his own unit, though Devin Brosnan’s lawyer denied his client would be a witness in the case.
President Donald Trump has said he is concerned about the way the case against Garrett Rolfe is being handled.
“I hope he gets a fair shake because police have not been treated fairly in our country,” the president told Fox News.
“You can’t resist a police officer like that,” he added, referring to Rayshard Brooks’ actions during the incident.
Rayshard Brooks, 27, failed a sobriety test on June 12 after he was found asleep inside his car that was blocking a drive-through lane at a Wendy’s restaurant.
After pulling over his vehicle, the father-of-four appeared “slightly impaired, but his behavior during this incident was almost jovial”, Fulton County District Attorney Paul Howard said on June 17.
For over 40 minutes, video shows Rayshard Brooks complying with officers as he consented to a weapons search and provided them with his identification details.
However, as officers tried to handcuff him, Rayshard Brooks began struggling. The footage appears to show Rayshard Brooks punched Garrett Rolfe, grabbed Devin Brosnan’s stun gun and turned back while fleeing to fire it at Garrett Rolfe.
Rayshard Brooks suffered two gunshots to the back that caused organ injuries and blood loss. One police bullet also hit a witness’ vehicle, nearly killing the driver, investigators say.
Prosecutors said Garrett Rolfe said: “I got him.”
For over two minutes after Rayshard Brooks was shot, neither officer provided medical attention as police are required to do, prosecutors said.
Instead, Garrett Rolfe kicked Rayshard Brooks while he was on the ground.
Officer Devin Brosnan – who has already been placed on administrative leave – will be charged with assault for allegedly standing on Rayshard Brooks’ shoulder as he lay dying.