The Atlanta police officer who was fired after fatally shooting a Black guy in a Wendy's parking lot last year was reinstated by Atlanta's Civil Service Board.
Rayshard Brooks, a 27-year-old husband, father and stepfather, was running away if he had been taken by officer Garrett Rolfe on June 12, Fulton County District Attorney Paul Howard Jr. said at the moment.
Rolfe, a veteran of the department, was fired and charged with felony murder.
Rolfe appealed his firing and Atlanta's Civil Service Board ruled on Wednesday that"due to the City's failure to comply with several provisions of the Code along with the data received during witnesses' testimony [Rolfe] wasn't afforded his right to due procedure."
Lance LoRusso, who represented Rolfe in his appeal, told The Atlanta Journal Constitution that Rolfe will"essentially be on administrative leave pending the outcome of the fees."
The Board noted that Rolfe did not obtain a 10-day note of his termination, which took effect June 14.
According to the town's code,"An employee against whom an adverse action is to be taken shall be given a written notice of proposed adverse actions, signed by the appointing authority or designee, at least ten working days prior to the effective date of the proposed adverse actions."
The Civil Service Board found that the city's actions"were not compliant with the ten days before notice period as required by the Code," as a notice of proposed adverse action and notice of final adverse actions were issued for his union representative on June 13.
LoRusso applauded the ruling.
"We are very pleased at this action and consider it the very first step in the total vindication of Officer Garrett Rolfe," he said in a statement.
L. Chris Stewart and Justin Miller, attorneys for the Brooks family, stated in a press conference Wednesday that the household feels"confusion and disappointment."
"It is unsatisfactory to the family but furthermore significant is the queries we have now. All of us heard the mayor and the former chief of police come before the entire world and announce they were shooting the officers and justice will come," Stewart said. "We find it mind-boggling our elected officials and chief weren't conscious of the appropriate process to firing an officer"
Stewart also said he believed Rolfe will be placed on administrative leave but was"not sure." He even slammed the faulty authorities procedure because an"error that cannot happen."
Miller added:"Today this individual is back to the streets. That hurts. It appears to the household like nobody cares about the life of the loved ones"
Miller explained their next step on behalf of the household would be to figure out whether the city will terminate Rolfe"because that is what should have happened in the first place."
Brooks was murdered on June 12 after a Wendy's employee called police to complain that he had been passed out behind the wheel of a vehicle in the drive-thru lane, according to authorities.
The first officer to arrive at the spectacle, Devin Brosnan, knocked on Brooks' window but couldn't wake him up. Body camera movie showed Brosnan opening the door and shaking Brooks awake.
Rolfe reacted to the scene when Brosnan radioed a dispatcher stating he had a DUI-certified officer.
When officers attempted to place Brooks in handcuffs, Brooks fought wrestled with officers on the floor, then grabbed Brosnan's stun gun.
Surveillance video of the episode showed Brooks running through the parking lot since the officers chased after him. While fleeing, Brooks allegedly taken the stun gun at Rolfe, who drew his weapon and opened fire. Brooks died from two gunshots into his spine, the medical examiner determined.
Brooks' death was two weeks after the police killing of George Floyd in Minneapolis, which sparked national protests, including in Atlanta.
