Rolfe was charged with felony murder, aggravated assault with a deadly weapon, aggravated assault and violation of oath. Brosnan was also charged with aggravated assault for standing on Brooks’ body after he was shot, as well as two counts of violation of oath for standing on Brooks’ body and failing to give timely medical aid. Brosnan was placed on administrative duty after the shooting.
“We concluded and considered it as one of our important considerations that Mr. Brooks never presented himself as a threat,” District Attorney Paul Howard said on Wednesday, describing Brooks as calm and cordial.
Brooks died on Friday after Rolfe shot him twice in the back following a struggle in the parking lot of the Wendy’s.
A Wendy’s employee called the police on Brooks because he was asleep in his car in the drive-through line. Brooks spoke with the officers for a little more than 40 minutes without incident, but when Rolfe tried to handcuff Brooks and arrest him for drunken driving, a scuffle ensued. Brooks grabbed a Taser and ran away from the officers. Rolfe then shot and killed Brooks.
If convicted of felony murder, Rolfe could face a life sentence without parole, or the death penalty.
Rolfe is also charged with shooting toward a bystander in a car in the parking lot and criminal damage to property after a bullet hit the car.
Rolfe also faces violation-of-oath charges for not informing Brooks of his cause of arrest, shooting a Taser at Brooks as he was fleeing, using excessive force when shooting Brooks, and failing to administer medical aid to Brooks after he was shot. The district attorney also charged Rolfe with aggravated assault for kicking Brooks after he was shot.