June 12, Photo from a screen grab taken from body camera video provided by the Atlanta Police Department. Rayshard Brooks speaks with Officer Garrett Rolfe in the parking lot of a Wendy's restaurant in Atlanta. AP Photo: Atlanta Police Department

Eight videos and three witnesses who could have been shot themselves factored into the decision for charging an Atlanta police officer with murder and other crimes for the fatal shooting of 27-year-old Rayshard Brooks at a Wendy's restaurant in Atlanta the night of June 12, Fulton County District Attorney Paul Howard said.

"Mr. Brooks was calm, cordial and cooperative," Howard said at a news conference Wednesday during which he went over the video evidence. "His demeanor was almost jovial."

The interaction with two police officers went on for 41 minutes and 17 seconds, during which "Mr. Brooks never presented himself as a threat," Howard said. "Mr. Brooks never exhibited any aggressive behavior for 41 minutes and 17 seconds."

Police had been called because Brooks fell asleep in his car while waiting in the drive-through line. After being awakened, Brooks followed the officer's instructions to move his car to a parking space and step out. Asked if he had a weapon, he said no, but he submitted to a pat-down body search anyway and followed a series of commands for a sobriety test, Howard said.

But Brooks tried to break free when an officer approached him from behind to cuff his hands. Howard said the officer never informed Brooks that he was under arrest for DUI, as required by police department standard operating procedure. Brooks had run 18 feet away when he was shot twice in the back, one of those shots piercing his heart. The taser Brooks had taken away from one of the officers was inoperative because it had already been fired twice, Howard said.

Howard issued a warrant for the arrest of now-former police officer Garrett Rolfe for felony murder, which could carry a life sentence or the death penalty, along with other charges. The underlying felony is aggravated assault. Howard said he is also charging Rolfe with violations of Atlanta Police Department standards, including the requirement to provide immediate medical aid after a shooting — which Howard said was not done for more than two minutes.

The LoRusso Law Firm in Atlanta issued a statement Wednesday defending Rolfe and saying that although any loss of life is tragic, his actions were justified under Georgia law.

The statement from the firm led by Lance LoRusso looked to the Georgia Bureau of Investigation to complete an "impartial investigation."  

"A peace officer may use deadly force to 1. arrest a suspected felon when he reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others, 2. to protect himself and others from a life-threatening injury, and 3. to prevent the commission of a forcible felony," the LoRusso firm said. "Mr. Brooks violently attacked two officers and disarmed one of them. When Mr. Brooks turned and pointed an object at Officer Rolfe, any officer would have reasonably believed that he intended to disarm, disable, or seriously injure him."

Howard said he is charging the other officer on the scene, Devin Brosnan, with aggravated assault for standing on Brooks' body after he was shot. The DA also said Brosnan had agreed to provide a statement and testify for the state against Rolfe.

But Brosnan's attorney, Don Samuel of Garland, Samuel & Loeb, said Wednesday that is not correct. Samuel is defending Brosnan along with Amanda Clark Palmer of the same firm.

"Officer Brosnan has not agreed to testify. He has not agreed to plead guilty. He honestly told the DA's office everything that happened during a lengthy interview yesterday. He will continue to tell the DA or the GBI, or any other investigator what happened. But he is absolutely not guilty of any crime and will not plead guilty and has not agreed to be a 'state's witness,'" Samuel said in an email.

"Devin Brosnan's conduct Friday night was exemplary. He treated Mr. Brooks throughout his encounter with him with respect and with dignity and with a concern for his—Mr. Brooks'— safety as well as the safety of the community," Samuel said. "There is not a shred of evidence, not even a hint, that his encounter with Mr. Brooks was other than a textbook example of how a police officer should treat somebody who appears to be inebriated and is driving a vehicle. Mr. Brosnan never pulled out his gun. He tried to pull out his taser when Mr. Brooks resisted arrest and fought with both of the officers. Devin was knocked to the ground and his head hit the pavement and he suffered a concussion. He has bruises on his arms and legs and the concussion that leaves no doubt about what occurred. Mr. Brooks took Devin's taser from him and fled. Devin was lying on the ground. At no time did Devin ever pull out his service weapon. He never had a chance to activate his taser."

Samuel also disputed the DA's account of Brosnan's actions after the shooting. "Devin ran up to the location where Mr. Brooks had fallen. Despite having a concussion, Devin tried to stabilize Mr. Brooks," Samuel said. "Other officers arrived on the scene in less than one minute from when Devin caught up to where Mr. Brooks had fallen. He removed Mr. Brooks' shirt and along with the other officer applied first aid, including CPR. Despite a crowd that was yelling, Devin did what he could to save Mr. Brooks. And for that, the district attorney is charging Devin with a crime."

The DA said that immediately after shooting Brooks, Rolfe can be heard in the video saying, "I got him." Howard said one of the videos shows Rolfe kicking Brooks as he lay dying.

Atlanta civil rights attorney L. Chris Stewart, who is representing the Books family, said they were shaken by Howard's revelations at the news conference—"that you would kick another human being after you put two bullets into him."

But Stewart called the charges courageous. "It's a heartbreaking attempt to redefine justice for officers going forward," Stewart said.

Also speaking at the news conference with Howard was Atlanta attorney Shean Williams of the Cochran Firm.

"I want to thank Paul Howard. He is one of the few prosecutors who are willing to go on the line to even investigate something like this," Williams said.

Williams represents three witnesses from Memphis, Tennessee, who were in their car at the Wendy's where Brooks was shot. The third shot the officer fired at Brooks went into their car instead—"almost killing them," Williams said.

"I hope and pray," Williams said, "that we don't have to have any more press conferences like this."