Video tells the tale: Rayshard Brooks was gently told to drive out of the Wendy’s take-out line and into a parking place. If he had done that it probably would’ve ended there. But Brooks was so bombed he couldn’t even manage that. And then he freaked when they decided to cuff him.
From “Look At The Facts in the Rayshard Brooks Case — The George Floyd Killing Was Different“, a 6.18.21 USA Today op-ed by Michael J. Stern, a member of USA Today‘s Board of Contributors and a federal prosecutor for 25 years in Detroit and Los Angeles.
Subhead: “There is no shortage of police misconduct due to racism. But claiming it where it may not exist weakens the righteous cause of stamping it out.
“That a man died [outside an Atlanta Wendy’s] is tragic. But the protests, celebrity outcry and general media capitulation that equates Brooks’ death with that of George Floyd, and countless other African Americans who were murdered at the hands of flagrant police misconduct, is wrong.
“In a headline reminiscent of the National Enquirer, the Los Angeles Times ran an editorial [on Tuesday, 6.16] that was titled ‘Atlanta police killed a Black man for being drunk at Wendy’s.’ No — Mr. Brooks was not killed for being drunk.
“Rayshard Brooks was killed after resisting arrest, attacking two police officers, taking an officer’s Taser and shooting it at a police officer. The decision by the Times’ editorial board to intentionally omit this last fact is damning proof of its effort to create a narrative that serves a social agenda, despite evidence that supports a contrary conclusion.
“Atlanta’s district attorney, Paul Howard, announced felony murder charges Wednesday against the officer who shot Brooks.
“American Bar Association rules prohibit prosecutors from making pretrial statements that could influence public perception and prejudice an accused’s ability to get a fair trial. Howard violated this rule by making a lengthy presentation of evidence that supported his position and ignored key facts that did not. Judges, prosecutors and defense attorneys typically refer to Howard’s impropriety as trying the case in the press.
“A new and disturbing allegation presented by the district attorney is that the officer kicked Brooks after he was shot. Though acts after an event can be considered reflective of an earlier intent, the pivotal actions in this case will focus on what happened in the seconds before the shooting.
“In Georgia, an officer is entitled to use deadly force when he reasonably believes his life is in danger or he’s at risk of receiving a serious physical injury. When this case goes to trial, the jurors will be instructed that they must consider the context of Brooks attacking the officer, grabbing the Taser and shooting the Taser at the officer. This analysis includes the possibility that if Brooks hit the officer with the stolen Taser, he could grab the officer’s gun and shoot him.