(L to R) Rolfe Garrett and Devin Brosnan former police officers charged in the Rayshard Brooks shooting death

Two Atlanta police officers charged in the fatal shooting of Rayshard Brooks have retained legal counsel who are challenging the narrative laid out by Fulton County District Attorney Paul Howard in announcing the prosecutions.

Veteran criminal defense lawyer Don Samuel and partner Amanda Clark Palmer represent Devin Brosnan, the officer who first encountered Brooks asleep in his car in the drive-through line at a south Atlanta Wendy's.

Garrett Rolfe, who fired the fatal shots that struck Brooks in the back as he ran from the two officers with Brosnan's taser, has retained Atlanta attorney Lance LoRusso, a civil litigator who has represented more than 80 law enforcement officers in on-duty shootings and in-custody deaths. Noah Pines, a former DeKalb County prosecutor, and W.H. "Bill" Thomas, a former federal prosecutor and Los Angeles County deputy DA, joined Rolfe's defense team Thursday.

On Wednesday, Howard charged Rolfe with felony murder and multiple counts of aggravated assault, violating his oath of office, and first-degree criminal damage to property. Rolfe was also charged with failing to render medical aid after shooting Brooks. Howard charged Brosnan with aggravated assault, violating his oath of office and failure to render medical aid.

Atlanta police fired Rolfe within 24 hours of Brooks' death. Brosnan was placed on administrative duty and is free on a $50,000 signature bond. Rolfe is being held without bond.

Howard moved quickly to file multiple felony charges against the two officers as the use of excessive force, particularly against black men, has become the driving issue behind mass protests across the nation. The demonstrations were sparked by the May 25 death of George Floyd at the hands of Minneapolis police as bystanders begged for his life. Brooks' death came after Howard charged six Atlanta police earlier this month with multiple felonies in the tasing of two college students caught up in a downtown demonstration.

The lawyers for the two officers' challenged multiple statements Howard made in announcing the charges. "Never in my career have I seen a district attorney act so unethically without regard for his professional obligations in pursuit of re-election," Pines said in a news release.

Howard is seeking his seventh term as DA, but will face a runoff with Fani Willis, his former executive assistant DA.

Pines accused Howard of violating ethics rules that bar him from making "extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused." Pines also accused Howard of acting rashly by announcing charges before the Georgia Bureau of Investigation completed its investigation. The GBI issued a news release Thursday saying Howard did not alert them before filing charges.

Pines contended that Rolfe's actions were justified.

Brooks' sudden decision to struggle with the two officers as Rolfe began handcuffing him "constituted felony obstruction," Pines said. He also said that Brooks punched Rolfe in the face, took Brosnan's taser and tased him, then fled. As he ran, Pines said Rolfe "heard a sound like a gunshot and saw a flash in front of him, and so he did what any officer in that situation would do. He dropped his taser, pulled his gun, and fired it at Mr. Brooks."

Samuel said Howard's decision to charge Brosnan with multiple felonies caught him and Palmer by surprise. Brosnan suffered a concussion during the melee, Samuel said.

Samuel said that Brosnan gave a three-hour interview to senior assistant DA Clint Rucker before he was charged. And he characterized Brosnan's behavior prior to Rolfe's arrival at the Wendy's as "exemplary."

"He was considerate. He was compassionate," Samuel said. When he realized that Brooks was likely intoxicated and radioed for a DUI officer, Rolfe, whom he didn't know, showed up and took charge. Samuel said that when Rolfe decided to handcuff Brooks, he did so without signaling Brosnan, who was overpowered in the ensuing struggle.

When Brooks ran, with Rolfe in pursuit, Brosnan was still lying on the pavement. When Brosnan heard the shots, at first he wasn't sure who fired them and feared they came from a crowd that had gathered, the lawyer said.

Samuel said Howard's claim that Brosnan stood on Brooks' shoulders after he was shot isn't accurate. He said that Brosnan, still groggy from the blow to the head, put his foot briefly on Brooks's upper arm. "He was not assaulting him," he said. "He was not kicking him. He was trying to make sure he can't use that arm to grab some weapon."

Samuel said that before and after the DA's office filed the felony charges against Brosnan, Rucker asked him repeatedly whether Rolfe used excessive force. Samuel said he told the prosecutor, "Devin has no ability to give an opinion that is meaningful. … How many times do you ask people who have a concussion, 'What's your opinion of what happened when you didn't see it?" he said.

Samuel said that while Brosnan cooperated with the DA initially and is scheduled to give an interview to the GBI, "He has not agreed to a plea deal."

He said Howard "was either misinformed or misunderstood the situation" when he announced Brosnan had agreed to be a cooperating witness for the prosecution. "I don't think he was malicious," Samuel said. "He just wasn't accurate. Now my client is either accused of being a snitch, or changing his story. All my guy ever did was tell the truth about everything."

"He is never going to plead guilty, never," Samuel said. "Not with me standing at the podium."