Former officer Devin Brosnan was booked into the Fulton County Jail and is facing three charges, including aggravated assault, in connection with the fatal shooting on June 13. Prosecutors say Brosnan stood on Brooks’ shoulder as he struggled for life.
Fulton District Attorney Paul Howard announced the charges against Brosnan on Wednesday during a press conference. Meanwhile, another former officer for the Atlanta Police Department, Garrett Rolfe, who is the accused shooter, is facing 11 charges including felony murder. Rolfe has until 6 p.m. Thursday to turn himself in.
Brooks was shot Friday night as he attempted to flee Rolfe and Brosnan, who had attempted to arrest Brooks after he failed a sobriety test.
Officers were called to the scene after reports of a man asleep behind the wheel of his car in a Wendy’s drive-thru lane.
Video released by Atlanta police Sunday showed Brooks speaking to officers for more than 30 minutes before he failed a breathalyzer test and police began to handcuff him.
Before fleeing, Brooks allegedly stole a Taser from Brosnan and attempted to fire it in Rolfe's direction as he ran.
Brosnan's attorney, Don Samuel, said in a statement after the charges were announced, that his client's "conduct Friday night was exemplary," and said that Brosnan had suffered a concussion from hitting his head on the pavement during the encounter with Brooks.
"At no time did Devin ever pull out his service weapon. He never had a chance to activate his taser," Samuel said.
Brooks' death comes as protesters around the nation are calling to defund the police and stop the use of excessive force by cops following the death of George Floyd-- an unarmed black man who died in police custody after a former Minneapolis police officer kneeled on his neck for over eight minutes.
"The decision to initiate charges by the Fulton County DA’s office is irrational and obviously based on factors which should have nothing to do with the proper administration of justice. This was not a rush to judgment. This was a rush to misjudgment," Samuel said, according to reports by CBS 46.
Following the announcement of charges, Jason Segura, the president of the International Brotherhood of Police Officers Local 623, told Fox News that Atlanta officers were calling out, quitting or transferring to other jurisdictions.
"A lot is going on," he said. "I can’t confirm the number who have left -- if it’s 10, or if it’s half the force."
He said officers were concerned over a lack of due process -- Rolfe was fired immediately after the shooting, not suspended and then fired after an investigation.
Atlanta Mayor Keisha Lance Bottoms addressed the issue in an appearance on CNN Wednesday night, saying that she didn’t have an exact count of the officers who had called out.
“What I do know is that we do have enough officers to cover us through the night,” she said. “And our streets won’t be any less safe because of the number of officers who called out.”
Fox News' Victor Ruiz contributed to this report.