A man reported to Atlanta police for sleeping in a car blocking the drive-thru lane of a fast food restaurant was shot and killed in a late-night struggle after he failed a field sobriety test and resisted arrest, Georgia authorities said on Saturday.
The Georgia Bureau of Investigation (GBI) said it was asked by the Atlanta police department to investigate the shooting of 27-year-old Rayshard Brooks, which happened at a Wendy’s restaurant late on Friday.
Brooks was African American. His death comes at a time of heightened tension over police brutality and calls for reforms across the US following the 25 May killing of George Floyd in Minneapolis. Atlanta was among cities where large crowds of protesters took to the streets.
A crowd gathered on Saturday outside the restaurant where Brooks was shot. Gerald Griggs, an attorney and a vice president of the Atlanta chapter of the National Association for the Advancement of Colored People, estimated there were 150 people protesting.
“The people are upset,” Griggs said. “They want to know why their dear brother Rayshard Brooks was shot and killed when he was merely asleep on the passenger side and not doing anything.”
Even though Brooks struggled with officers, Griggs said, “they could have used nonlethal force to take him down.”
A relative of Brooks, Decatur Redd, spoke to reporters and the crowd.
“I’ve watched this on the internet, from the whole George Floyd situation to us coming together like we’re doing and this whole thing landed on my doorstep with my little cousin,” he said.
“We’ve been watching this happen for so many years, with young black boys around the country just dying in vain – I just don’t want that to continue and keep happening like that.”
Redd added that he was shocked the incident had happened in Atlanta.
“I didn’t think it would hit right here, man. I thought this city was better than that. They’ve got to answer. Somebody’s gotta say something. We need to at least know that the city is with us.”
In a statement, Fulton county district attorney Paul Howard said his office was not waiting for the GBI to finish its investigation.
“My office has already launched an intense, independent investigation of the incident,” Howard said, adding that members of his staff “were on scene shortly after the shooting, and we have been in investigative sessions ever since to identify all of the facts and circumstances surrounding this incident.”
Stacey Abrams, a Georgia Democrat who gained national prominence running for governor in 2018 and is reportedly a contender to be Joe Biden’s presidential running mate, tweeted of the shooting that “sleeping in a drive-thru must not end in death”.
“The killing of #RayshardBrooks in Atlanta last night demands we severely restrict the use of deadly force,” Abrams said. “Yes, investigations must be called for but so too should accountability.”
The GBI said its agents were reviewing video taken by witnesses. The agency also posted to Twitter a plea for witnesses to come forward, saying some at the scene “chose not to be interviewed by GBI agents”.
Officers were responding to a complaint of a man in a vehicle parked in the drive-thru who was asleep, causing customers to drive around the vehicle. After Brooks failed a field sobriety test, the officers attempted to place him into custody, the GBI said. He resisted and a struggle ensued, leading the officer to deploy a Taser.
“Ultimately, when the officer used a Taser, it was ineffective for the suspect,” Atlanta deputy police chief Timothy Peek told reporters at the scene on Friday night. “It did not stop the aggression of the fight. And so the suspect was able to take the officer’s Taser from him.”
Peek said a second officer also attempted to use a Taser on the struggling man, “but it didn’t work against the suspect as well.”
The GBI said in statement it was investigating reports “that the male subject was shot by an officer in the struggle over the Taser”.
Brooks was transported to a local hospital where he died after surgery, the GBI said. One officer was treated for an injury and discharged.
The officers involved in the shooting were not identified.
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