The felony murder charge against former Atlanta police officer Garrett Rolfe for killing Rayshard Brooks is the opening round of what promises to be a fiercely contested court battle, the Wall Street Journal reports. “It’s not a slam dunk,” said criminologist Geoffrey Alpert of the University of South Carolina, who co-wrote a book about police use of force. “It’s going to be a tough case on both sides.” Rolfe faces 11 charges, including felony murder and five counts of aggravated assault. The charges came less than a week after the fatal shooting of Brooks, a 27-year-old black man, in a Wendy’s parking lot. Devin Brosnan, a second officer at the scene, faces three charges. Rolfe’s lawyer says Brooks “chose to violently attack two uniformed police officers.” The lawyer said Rolfe fired while “fearing for his safety and the safety of the civilians around him.”
Both officers surrendered Thursday. Brosnan was released on a signature bond. Rolfe is being held without bond. Prosecutor Paul Howard said Brooks “never presented himself as a threat” and was fleeing as he was shot. Prosecutors are pursuing an aggressive strategy based on the controversial felony murder rule. In some states, including Georgia and Minnesota, a homicide can be punished as murder if the defendant caused the death in the course of committing felonies. The rule allows prosecutors to avoid having to prove the killing was intentional or premeditated. Minneapolis prosecutors are applying the rule in their case against Derek Chauvin, who held his knee on the neck of George Floyd while he was handcuffed and prone. There have been several cases of police officers wounding or killing suspects who snatched away officers’ Tasers and used them. Few if any of the incidents resulted in criminal charges against the officers.