Transcripts For BBCNEWS BBC News 20200617

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so, we have had an opportunity to review eight video tapes, to atlanta body camp tapes, two atlanta police department —— camp tapes. we have also had an opportunity to review a wendy's surveillance tape. we have also reviewed with many of the videos we had the opportunity to enhance the video so that we could get a better look. the other thing that we have had an opportunity to do is to view some of the physical evidence, the chevrolet trail blazer was a vehicle that was in the line at lease restaurant on the night of the incident and received a shot from the gun. with that in opportunity with the gbi now to that trailblazer. my officers had opportunity to inspect the crime scene. we have conducted a canvas of the area and started our investigation at 1:15am on saturday morning and have been working on this case around the clock since that time. we have spent some time examining the taser evidence in this case and we have actually examined and possessed of the two tasers that we re and possessed of the two tasers that were used. we've also had the opportunity to examine the taser logs that were prepared and also consult with a taser expert from the company that manufactures the tasers. we received a preliminary medical autopsy can we have received a preliminary ballistics report and in reaching our conclusions today we have worked with both the georgia bureau of investigation as well as the atla nta bureau of investigation as well as the atlanta police department. this will be the fourth time that we have asked that arrest warrants are issued in a case before an indictment. this list the other three cases that we were involved with where an arrest warrant was issued prior to indictment. u nfortu nately, issued prior to indictment. unfortunately, this marks the 40th prosecution of police officers for misconduct here in our county and this is the ninth time that we have prosecuted a homicide case committed bya prosecuted a homicide case committed by a police officer. eight of those cases involved black males, and one of those cases involved a black female. in reaching our decision there were some considerations that we considered important. and one of the things that we noted from our evaluation was that mr brooks, on the night of this incident, was calm, he was cordial, and really displayed a cooperative nature. secondly, even though mr brooks was slightly impaired, his demeanour during this incident was almost jovial. also, we noted that he received many instructions from the atla nta received many instructions from the atlanta officers and he was asked many questions. some of the questions he was asked repeatedly, but for 41 minutes and i7 questions he was asked repeatedly, but for 41 minutes and 17 seconds he followed every instruction, he a nswered followed every instruction, he answered the questions. the fourth thing we noted was that mr brooks was never informed that he was under arrest for driving under the influence. and this is a requirement of the atlanta police department when one is charged with a dui committed when one is charged with a dui com m itted atla nta when one is charged with a dui committed atlanta police department public on procedures require that that person is informed immediately that person is informed immediately that they are under arrest. and then he was grabbed from the rear by an officer that made it attempts to physically restrain him after the 41 minute and i7 physically restrain him after the 41 minute and 17 second discussion. we concluded is one of our important considerations that mr brooks never presented himself as a threat. in the very beginning he was peacefully sleeping in his car after he was awakened by the officer he was cooperative and he was directed to move his car to another location. he calmly moved his car. mr brooks was asked whether or not he had a weapon, he indicated that he did not, without any resistance he passed his drivers licence to the officers, and the officers then asked mr brooks whether or not he would consent to a pat—down or a body search, and mr brooks allowed them to search him. and the search yielded no weapon. we found that it was of interest that when the officers patted mr brooks down they noticed there was a bulge in his pa nts. noticed there was a bulge in his pants. they did not pull that item out of his pocket, they took his word that that bulge represented a number of dollar bills. but mr brooks never displayed any aggressive behaviour during the 71 minutes and 17 seconds. now this is another important consideration as we evaluated this case. once he was shot, there was an atlanta policy that was requiring that the officers have to provide timely medical attention to mr brooks or to anyone thatis attention to mr brooks or to anyone that is injured. but after mr brooks was shot, for some period of two minutes and 12 seconds there was no medical attention applied to mr brooks. but when we examine the video tape, and in our discussions with witnesses, what we discovered is during the two minutes and 12 seconds that officer garrett rolfe actually kicked mr brooks while he laid on the ground. while he was there fighting for his life. secondly from the video tape we were able to see that the other officer, officer brosnan, actually stood on mr brooks shoulders he was there struggling for his life. we were able to conclude that based on the way that these officers conducted themselves while mr brooks was lying there, that the demeanour of the officers immediately after the shooting did not reflect any fear or danger of mr brooks, but their actions really reflected other kinds of emotions. so as we are drawing oui’ of emotions. so as we are drawing our legal conclusions in this case, we we re our legal conclusions in this case, we were led by the two foundational cases in this matter, one being tennessee versus garner and when that case points out that when officer is pursuing a fleeing suspect with the officer may not use deadly force to prevent escape u nless deadly force to prevent escape unless the officer has probable cause to believe that the suspect poses an immediate threat of death. orof poses an immediate threat of death. or of serious physical injury to that officer. the next foundational case that we use in our analysis which says that this tests based upona which says that this tests based upon a reasonable officer on the scene and not the individual officer, but a reasonable officer on the scene. we have concluded, at the time, mr brooks was shot that he did not pose an immediate threat of death or serious physical injury to the officer or officers. if you would get the photograph... yes, the tape. this is the first photograph that we we re this is the first photograph that we were able to... get it straight. what this photograph illustrates is the point that officer rolfe at this point was firing the taser, and this is mr brooks who was firing a taser as well, but i don't know if you can see it clearly, the prongs for the taser were actually fired above officer rolfe popped ‘s head. of the key to also look at the position of officer rolfe and mr brooks, that they are here next to this red automobile. if we look at the next photograph... if we look at the next photograph we will see that the positions of both parties may change, mr brooks has moved away from his original position and we estimate the distance is probably about 12 feet, and officer rolfe has moved about ten feet from the position and what is our exhibit number one. the second video or second is still shows the very incidents that the shot was fired into the back of mr brooks. we have also calculated the distance that they are parted at that time was 18 feet three inches at the time that this shot was fired. so based upon that information we have concluded that mr brooks was running away at the time that the shot was fired. mr brooks was shot twice in the back. one of the shots was a centre shot to the back that penetrated his heart and it was done bya nine penetrated his heart and it was done by a nine mm glock. one of the things we relied upon in our conclusion was something that is called under the law, or referred to as an excited utterance, and that's when someone makes an immediate statement, and because it is made without the ability to consult with counsel or to think about it, under the law and excited utterance is considered as highly reliable. at the time that the shot was fired, the time that the shot was fired, the utterance made by officer rolfe was i got him. that was the statement that was made at the time. we also noted that officer rolfe was firing a taser at mr brooks. the city of atlanta's s op prohibits officers from firing tasers at someone that was running away. the city of atlantis says you cannot even fire a taser at someone that is running away, so you certainly cannot fire a gun, a hand gun at someone that is running away. so in addition to ourfindings someone that is running away. so in addition to our findings as many of you already know, the police department concluded that officer rolfe's actions were excessive and in violation it's of apd‘s s op and i believe that's 11.1, and after their analysis that the actions were excessive he was fired. we also have included that rolfe was aware that the taser in brooks possession was fired twice come at once is fired twice it presented no danger to him 01’ twice it presented no danger to him or to twice it presented no danger to him orto any twice it presented no danger to him or to any other persons. now we have had something quite remarkable in this case and involves the testimony of the other officer, devon brosnan. because officer brosnan has now become a states witness. he has decided to testify on behalf of the state in this case. what he has said to us, that's within a matter of days, he plans to make a statement regarding culpability of officer rolfe. but he indicated that he is not psychologically willing to give that statement today. officer brosnan, however, has admitted that he was in fact standing on mr brooks body. immediately after the shooting. so these are the charges that we have had filed today, signed by one of our superior courtjudges. these are the 11 charges against officer rolfe, the first charge its felony murder. this is a death that is asa felony murder. this is a death that is as a result of an underlying felony, and in this case the underlying felony is aggravated assault with a deadly weapon. in the possible sentence for a felony murder conviction would be life without parole, or the death penalty. now, he is also charged by, in the arrest warrant, with aggravated assault with a deadly weapon. and this is a counter charging him for the shooting of mr brooks, and the possible sentence for aggravated assault is one to 20 yea rs. for aggravated assault is one to 20 years. the second aggravated assault account is for the shooting towards her in the direction of melvin eva ns. her in the direction of melvin evans. mr evans was the person who was seated in the car, do we have the picture? and if you would point out this automobile is the place that mr evans and his two companions were driving, and a shot was fired and i believe we also got a photo of a shot who ended up in the vehicle. so with count for against officer rolfe, it charges them with aggravated assault for firing the weapon in the direction of danielle killian's was in the passenger side in the front seat of the car. next slide. count five and aggravated assault charge, and this was a charge for shooting towards or in the direction of michael perkins, mr perkins was seated in the rear of this same vehicle at that time. there is a charge for criminal damage for shooting into that vehicle. also officer rolfe is charged with seven violations of office, each one of those carries a one to five sentence. these are violations of his oath of office for the city of atlanta. arresting mr brooks for the dui without immediately informing him of the arrest, shooting a taser at mr brooks while he was running away, which is, again a violation of atla nta's own s which is, again a violation of atlanta's own s op. thirdly, excessive force when shooting a firearm at mr brooks and number four is the failure to render timely medical aid. those of the four violations. the other is for kicking mr brooks from possible sentence for kicking mr brooks is one to 20 yea rs. we have kicking mr brooks is one to 20 years. we have a photograph of this. and these are the charges for officer brosnan, and they are a total of three charges, and the first charge is for aggravated assault. and this is for standing or stepping on mr brooks shoulder. in the possible sentence for this crime is one to 20 years, and this is a photograph of officer brosnan, who you can see to the right. and at the time of the photograph he is standing on the body of mr brooks. and as i indicated earlier in our conversations with officer brosnan he has admitted that he stood on the body of mr brooks. he said he believes that he was standing on mr brooks arm, but that is what the photograph shows. we have also charged him with, additionally, to violations of oath. one is for the standing on the shoulder. that is an unauthorised weaponless control technique which the city of atlanta prohibits, and the second violation of oath is for the failure to render timely medical aid or to mr brooks. so the arrest warrants have already been signed. we are asking officer rolfe and officer brosnan to surrender themselves by 6pm tomorrow. because officer brosnan is now becoming a cooperating witness for the state, we are asking the court to grant a bond of $50,000 and to allow officer brosnan to sign that bond. as i indicated that he would become one of the first police officers to actually indicate that he is willing to testify against someone in his own department. as for officer rolfe... you are watching bbc news as we bring you the breaking news from this court room in atlanta. we havejust found out that the former atlanta police officer garrett rolfe has been charged with the murder of the 27—year—old african—american rays ha rd 27—year—old african—american rayshard brooks who died onjune the 12th in atlanta. the former police officer rolfe will face 11 charges including murder, and his colleague who was present at the scene, devon brosnan, we understand has now become a state witness in this case. that is the breaking news coming to you from atlanta that a murder charge has been filed against the former police officer. more on that too,. also had another piece of breaking news to bring you. this comes from oxford university. the governing body of an oxford university college has voted in favour of removing a statue of 19th century colonialist cecil rhodes from its facade. we will have more on both of those breaking news stories. stay with us. hello. it's been a volatile weather day, again the atmosphere releasing its energy in the form of thunderstorms. the other thing, of course, is that misty low cloud which has been with us for several days for some parts of the northeast coast of england and scotland. it will continue for the rest of the week, as will the thunderstorms t yhe torrential downpours with the hail and locally squally winds leading to some flash flooding. this is just how active the atmosphere has been during the evening so far. those storms starting to push further northwards, and rains coming off the north sea. so as the showers and thunderstorms ease away, we will find that persistant rain coming into eastern england and the low cloud returning to many central and eastern parts of both england and scotland, so it's going to be a warm night, a murky night for many. a little cooler in the glens of scotland. but it will be quite a misty start with some fog on thursday morning. now, that will burn back to the north sea coast eventually, away from the lowlands as well. eventually, we will see more sunshine coming out and fewer showers than today in scotland and northern ireland, but our rain is pushing westwards, so towards northern ireland in southern scotland through the latter part of the afternoon. and to the south of it as it clears away, the sun comes out, the ingredients there again for some slow—moving showers and thunderstorms across england and wales. with a lot of rain falling in a short space of time and some locally squally winds, so the spray and standing water on the faster routes will make for some pretty nasty driving conditions and there could be some local flash flooding too. but it is warm and muggy for most of us, it will feel quite warm though in that sunshine across northwestern parts of scotland. then through thursday evening and overnight, that rain continues across parts of scotland and into northern ireland. elsewhere, the mist, low cloud returns. again, we are not changing the air, so it will feel quite warm as we head into friday morning. again, friday is another day of sunny spells, best of which will be in the morning when the mist and low cloud clears away, the fog as well. by then, the showers will develop with time. like large and quite active slow—moving showers again initially in western areas, but developing more widely further east. it will feel still quite muggy. it mayjust freshen up a little bit further west, and that's because we've got atlantic low pressures coming in for the weekend. with them, some fresher air but some wet and windy weather. as ever, there is more on the website, which is where you will find the warnings as well. hello, welcome to outside source. atlanta's top prosecutor issues arrest warrants for the police officers involved in the fatal shooting of rayshard brooks. with murder. this is the scene live we will have more reaction. mr brooks never presented himself as a threat. more bombshells from john bolton. the former national security adviser claims that president trump openly courted china's support for his re—election bid. the governing body of an oxford university college votes to remove a statue of 19th century colonialist cecil rhodes from its facade. and something to cheer up football fans, the english premier league has restarted, 100 days after the last match. welcome. in the past few minutes white police officer garrett rolfe has been charged with the murder of rayshaun brooks african american man who was shot twice in the back. his district attorney. his district attorney. mr brooks never presented himself as a threat.

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