Atlanta Police officer Devin Brosnan

ATLANTA, Ga. (CBS46) -- The attorney for Atlanta Officer Devin Brosnan says his client has not agreed to be the state's witness in the Rayshard Brooks' death case.

Speaking with CNN, Attorney Don Samuel said, "Officer Brosnan has not agreed to testify. He has not agreed to plead guilty. He honestly told the DA’s office everything that happened during a lengthy interview yesterday. He will continue to tell the DA or the GBI, or any other investigator what happened. But he is absolutely not guilty of any crime and will not plead guilty and has not agreed to be a ‘state’s witness.’”

During a Wednesday press conference, Fulton District Attorney Paul Howard announced 11 charges had been filed against former APD officer Garrett Rolfe, and 3 had been filed against Bronsan in connection to the fatal June 13 shooting.

"The decision to initiate charges by the Fulton County DA’s office is irrational and obviously based on factors which should have nothing to do with the proper administration of justice. This was not a rush to judgment. This was a rush to misjudgment," said Samuel.

Brosnan's charges include aggravated assault, whereas Rolfe is charged with felony murder.

In released statement, Samuels adds:

"Devin Brosnan’s conduct Friday night was exemplary. He treated Mr. Brooks throughout his encounter with him with respect and with dignity and with a concern for his – Mr. Brooks’ – safety as well as the safety of the community. There is not a shred of evidence, not even a hint, that his encounter with Mr. Brooks was other than a textbook example of how a police officer should treat somebody who appears to be inebriated and is driving a vehicle.

Mr. Brosnan never pulled out his gun. He tried to pull out his taser when Mr. Brooks resisted arrest and fought with both of the officers. Devin was knocked to the ground and his head hit the pavement and he suffered a concussion. He has bruises on his arms and legs and the concussion that leaves no doubt about what occurred. Mr. Brooks took Devin’s taser from him and fled. Devin was lying on the ground.

At not time did Devin ever pull out his service weapon. He never had a chance to activate his taser.

After the shooting, Devin ran up to the location where Mr. Brooks had fallen. Despite having a concussion, Devin tried to stabilize Mr. Brooks. Other officers arrived on the scene in less than one minute from when Devin caught up to where Mr. Brooks had fallen. He removed Mr. Brooks’ shirt and along with the other officer applied first aid, including CPR. Despite a crowd that was yelling, Devin did what he could to save Mr. Brooks.

And for that, the District Attorney is charging Devin with a crime.

Devin Brosnan met with the assistant district attorney and his investigator yesterday and answered all of their questions.

Shame on the District Attorney for this abuse of his charging power. Shame on the District Attorney for not honoring his oath to uphold the constitution. Shame on the District Attorney for this rush to misjudgment."

Copyright 2020 WGCL-TV (Meredith Corporation). All rights reserved.


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