A civil service board has reinstated an Atlanta cop fired after he shot and killed a Black man who failed a sobriety test and ran from police last year outside of a Wendy’s fast food restaurant. Officer Garrett Rolfe not only shot Rayshard Brooks on June 12, 2020, but one of the cops on the scene then stood on Brooks’ shoulder. Both of the officers waited two minutes and 12 seconds before calling for help, Fulton County District Attorney Paul Howard said last year when he announced criminal charges against the officers. Atlanta’s Civil Service Board based its decision to reinstate Rolfe on provisions in the city’s code, according to an order 11 Alive obtained.
"Due to the City's failure to comply with several provisions of the Code and the information received during witnesses' testimony, the Board concludes the Appellant was not afforded his right to due process," the board ordered on Wednesday. "Therefore, the Board GRANTS the Appeal of Garrett Rolfe and revokes his dismissal as an employee of the APD."
Rolfe, who let's not forget is charged with murder and 10 other counts, won't actually be allowed to return to work in a traditional capacity, his attorney Lance LoRusso told The Atlanta Journal-Constitution. “He’d essentially be on administrative leave pending the outcome of the charges against them,” LoRusso said.
Rolfe was also charged with aggravated assault, criminal damage to property, and violating his oath of office, Howard said. Officer Devin Brosnan, who was also involved in the incident, is being charged with aggravated assault and two counts of violating his oath of office. “During that 2 minutes and 12 seconds, Officer Rolfe actually kicked Mr. Brooks as he laid on the ground, while he was there fighting for his life,” Howard said.
Public outrage about Brooks’ death reached a boiling point within 24 hours of the shooting, when demonstrators set the Wendy’s building on fire and protests shut down a portion of the nearby Downtown Connector.
Atlanta Mayor Keisha Lance Bottoms detailed how the shooting unfolded at a news conference last June. “Officers were called in response to Mr. Brooks falling asleep in his car while in the drive-thru line at a local Wendys,” she said. “After a series of questions and administering a field sobriety test, officers attempted to arrest Mr. Brooks.” He, however, “tussled” with them and ran away having taken one of the officer’s Tasers, Bottoms said. Brooks then turned over his shoulder and appeared to fire the Taser at the officer, Bottoms said.
“While there may be debate as to whether this was an appropriate use of deadly force, I firmly believe that there is a clear distinction between what you can do and what you should do,” the mayor said. “I do not believe that this was a justified use of deadly force and have called for the immediate termination of the officer.”
Warning: This video may be triggering for some viewers.
YouTube Video
In an unrelated incident, two other Atlanta police officers, Mark Gardner and Ivory Streeter, were also reinstated after they were fired for shocking two college students with Tasers during protests last summer in downtown Atlanta. They face aggravated assault and simple battery charges, The Atlanta Journal-Constitution reported. Atlanta Police Chief Erika Shields resigned following the back-to-back terminations, saying in a leaked email Channel 2 Action News obtained that she was blindsided by criminal charges.
In the email, Shields wrote:
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RELATED: As Rayshard Brooks was 'fighting for his life,' Atlanta cops kicked him and stood on his shoulder
"Due to the City's failure to comply with several provisions of the Code and the information received during witnesses' testimony, the Board concludes the Appellant was not afforded his right to due process," the board ordered on Wednesday. "Therefore, the Board GRANTS the Appeal of Garrett Rolfe and revokes his dismissal as an employee of the APD."
Rolfe, who let's not forget is charged with murder and 10 other counts, won't actually be allowed to return to work in a traditional capacity, his attorney Lance LoRusso told The Atlanta Journal-Constitution. “He’d essentially be on administrative leave pending the outcome of the charges against them,” LoRusso said.
Rolfe was also charged with aggravated assault, criminal damage to property, and violating his oath of office, Howard said. Officer Devin Brosnan, who was also involved in the incident, is being charged with aggravated assault and two counts of violating his oath of office. “During that 2 minutes and 12 seconds, Officer Rolfe actually kicked Mr. Brooks as he laid on the ground, while he was there fighting for his life,” Howard said.
Public outrage about Brooks’ death reached a boiling point within 24 hours of the shooting, when demonstrators set the Wendy’s building on fire and protests shut down a portion of the nearby Downtown Connector.
Atlanta Mayor Keisha Lance Bottoms detailed how the shooting unfolded at a news conference last June. “Officers were called in response to Mr. Brooks falling asleep in his car while in the drive-thru line at a local Wendys,” she said. “After a series of questions and administering a field sobriety test, officers attempted to arrest Mr. Brooks.” He, however, “tussled” with them and ran away having taken one of the officer’s Tasers, Bottoms said. Brooks then turned over his shoulder and appeared to fire the Taser at the officer, Bottoms said.
“While there may be debate as to whether this was an appropriate use of deadly force, I firmly believe that there is a clear distinction between what you can do and what you should do,” the mayor said. “I do not believe that this was a justified use of deadly force and have called for the immediate termination of the officer.”
Warning: This video may be triggering for some viewers.
YouTube Video
In an unrelated incident, two other Atlanta police officers, Mark Gardner and Ivory Streeter, were also reinstated after they were fired for shocking two college students with Tasers during protests last summer in downtown Atlanta. They face aggravated assault and simple battery charges, The Atlanta Journal-Constitution reported. Atlanta Police Chief Erika Shields resigned following the back-to-back terminations, saying in a leaked email Channel 2 Action News obtained that she was blindsided by criminal charges.
In the email, Shields wrote:
RELATED: Fired Atlanta officer who shot Rayshard Brooks twice in the back to be charged with felony murder
RELATED: Atlanta ex-officer charged with Rayshard Brooks’ murder granted bail and sent home to his family
RELATED: As Rayshard Brooks was 'fighting for his life,' Atlanta cops kicked him and stood on his shoulder