Atlanta DA who charged officer in Brooks shooting might have given defense team all they need

June 18, 2020 / 3K views

The District Attorney, Paul Howard, who is charging officer Garrett Rolfe for shooting Rayshard Brooks previously stated that a taser is considered a deadly weapon under Georgia law. Brooks had fought with officers, stole a taser, ran away from the police, then turned and fired the taster during the chase. He was then shot right after he fired the taser on the cop.

IF, and this is a big IF, a taser IS considered a deadly weapon, then Officer Rolfe can state that he feared for his life as Brooks fired a "deadly weapon" at him. However, that determines on what the actual state law is.

According to another article, the same DA charged six officers for using excessive force, when using a taser on two college students, costing at least two of the officers their job.

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But the attorney for the officers says his clients were charged with aggravated assault which includes assault with a deadly weapon, but that tasers are not listed as a deadly weapon in any state.

As quoted on WSBTV,  "Aggravated assault in Georgia is described as assault “with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.”

The officers’ attorney, Lance Lorusso, says that’s not the case here.

“As a matter of law, a Taser is not a deadly weapon. It’s not listed as a deadly weapon in any state in the United States,” Lorusso said."

Howard is criticized for rushing to prosecute those two officers and also being slammed for charging officers in the Brooks incident - despite Brooks being on security camera video and police body cam video fighting, resisting, running, and eventually trying to shoot an officer with a stolen taser.

Some sources say taser is a non-lethal weapon, but the DA tried saying it was a deadly weapon. So if that's what he says, then he might have given the defense the best information they need.

Upon searching Georgia state laws, I couldn't locate anything that said either way. Maybe you can find something better.

Source: wsbtv

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