It was a sad day for a great city.
More than two years after Rayshard Brooks was killed following a violent struggle with two Atlanta police officers, a special prosecutor announced Tuesday that criminal charges in the case would be dismissed.
“The decision is the right one based on law and facts,” Pete Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia, said in announcing that charges would be dropped against officers Garrett Rolfe and Devin Brosnan in Brooks’ death in June 2020.
Based on the points of fact presented during a lengthy press conference, it’s reasonable to conclude that the decision was the correct one – legally.
It comes a year after Skandalakis was appointed to the case by Georgia’s Attorney General. During that time, forensic experts conducted a frame-by-frame analysis of multiple videos showing parts of the incident that were recorded by the officers’ body cameras, restaurant security cameras and even cellphone video from bystanders.
Yet, none of that diminishes the pit in the stomach that many people still feel about this case.
We hope that sentiment can pave a path forward for our city and its police department – a route where officers who routinely face great risks in an increasingly violent world are better trained to handle such incidents and respected by all in the communities they serve.
Maybe, just maybe we can all hope, the next time police face a similar situation the result will be different – one that helps protect the public and enforces the law without imposing fatal consequences.
We recognize achieving this is difficult in a society so divided. There are those whose support of the police is unwavering. And there are others whose distrust of law enforcement is just as deep, and often of long standing historically.
But we have to keep trying.
That feeling of unease over this case – and Tuesday’s decision – could provide a starting point.
Much as the special prosecutors spoke of judging matters objectively in the Brooks case, it does not seem unreasonable to question whether a just-the-facts finding of no criminal liability equates to good policing on that night. Some believe the facts of the case should have made their way to a grand jury of citizens to decide about potential criminal charges.
Those in law enforcement speak of use-of-force incidents that are “lawful but awful,” meaning that the broad benefit of the doubt extended to police officers in such cases does not always mean that their actions were not questionable – or worse.
A few days after Brooks was killed while fleeing after firing an officer’s TASER at another officer, then-Mayor Keisha Lance Bottoms said: “While there may be debate as to whether this was an appropriate use of deadly force, I firmly believe that there is a clear distinction between what you can do and what you should do.”
At a time when distrust is dangerously high between police and many citizens, particularly in the Black community, the former mayor’s point should not be dismissed in a rush to put this fatal incident behind us.
The frustratingly stubborn broader problem is still with us – and still a risk to our society. As such, dismissing charges in the Brooks case does not mean we can overlook a backdrop of other police uses of force elsewhere that have made household names of those killed – and sent a few cops to prison for their actions.
As the special prosecutors said Tuesday, this case was different.
But it has to be considered in the overall tenor of these times.
Names such as George Floyd and Breonna Taylor were on the minds of many when Brooks was killed.
Violent protests erupted after Brooks died. The Wendy’s restaurant where the incident occurred was destroyed by arsonists. Criminals commandeered nearby streets at gunpoint. An 8-year-old girl was later killed by gunfire near the troubled site. Then-Atlanta Police Chief Erika Shields resigned one day after Brooks’ death. A former district attorney hastily filed the felony charges that are now to be dropped.
Taken together, this formidable combination of tragic events makes finding a productive path forward dauntingly hard.
But we have no choice if Atlanta is going to live up to its Latin motto which, translated, means “rising again.”
Atlanta Mayor Andre Dickens did offer some encouraging insights Tuesday into a possible path to a better place. In a press release issued after the special prosecutors’ announcement, Dickens said, “Over the last two years, our country has been engaged in important discussions about policing in America. We must maintain our commitment to the work of creating safe communities through collaboration between police and the people they serve.
He went on to say, “In Atlanta, we hold ourselves to the highest standards. Through engagement with community advocates, the Atlanta City Council, the Atlanta Police Department and others, we have listened and moved forward proactively with significant reforms. The Department has reviewed its standard operating procedures and enhanced training on how to deescalate confrontations. We are continually investing in training to ensure our officers make up the most qualified and proficient force in the country.”
“As Mayor, I remain committed to building the bonds of trust between our residents and the public safety personnel who serve us.”
At this point, at this time, when too many people are fearful of criminals currently running amok – and too many law-abiding others are equally afraid of the police, given what they’ve seen or lived – it’s imperative that Atlanta – and America – do better going forward.
We have no other feasible choice.
The Editorial Board.
