Rayshard Brooks was on probation and DUI could have led to prison

EXCLUSIVE: Rayshard Brooks was on probation for four crimes – including cruelty to children – and faced going back to prison if charged with a DUI, when he was found asleep and intoxicated at Wendy’s drive-thru

  • Rayshard Brooks was on probation and faced going back to prison if he was charged with a DUI, DailyMail.com can reveal
  • The 27-year-old was shot and killed by police after he was found asleep at a Wendy’s drive-thru in Atlanta on Friday, June 12  
  • He was compliant with cops but after he failed a field sobriety test and blew 0.108 when breathalyzed, Brooks suddenly resisted when cops tried to cuff him 
  • Brooks was shot twice in the back as he tried to make a break for it   
  • The charges to which Brooks pleaded guilty and for which he was still on probation dated back to August 2014 
  • He was convicted on four counts – False Imprisonment, Simple Battery/Family, Battery Simple and Felony Cruelty/Cruelty to Children
  • Brooks had not been in trouble since 2016 until last December when he went to Ohio without informing his probation officer – but the case was dismissed  

Rayshard Brooks was on probation and faced going back to prison if he was charged with a DUI, DailyMail.com can reveal.

It was the fear of incarceration that likely caused Brooks to panic in the face of imminent arrest and caused him to make a break for it.

Brooks was shot and killed on Friday, June 12 when cops received a 911 call to the Wendy’s at University Avenue in Atlanta. Brooks was drunk and asleep at the wheel of his car and blocking the fast food restaurant’s drive-thru lane.

The 27-year-old father of four was polite and compliant with officers across the 20 minutes during which officers Devin Brosnan, 26, and Garrett Rolfe, 27, questioned him as to how much he had drunk and how he had ended up in the drive-thru.

As the interaction neared its tragic conclusion, Brooks suggested to officers that he could just walk home saying that it wasn’t far.

But after Brooks failed a field sobriety test and blew 0.108 when breathalyzed (0.08 is the legal limit in Georgia), Rolfe who has since been fired, moved to cuff Brooks who suddenly resisted. Both officers were clearly taken by surprise.

As their bodycameras fell to the ground in the scuffle that ensued one shouted to Brooks to ‘stop fighting’ and warned him, ‘You’re going to get tased,’ but the peaceable incident quickly escalated into violence.

Now DailyMail.com has uncovered the fear that could have caused Brooks to panic in the face of imminent arrest and caused him to make a break for it.

Rayshard Brooks was on probation and faced going back to prison if he was charged with a DUI, DailyMail.com can reveal. It was the fear of incarceration that likely caused Brooks to panic in the face of imminent arrest and caused him to make a break for it

Brooks was shot and killed on Friday, June 12 when cops received a 911 call to the Wendy’s at University Avenue in Atlanta. Brooks was drunk and asleep at the wheel of his car and blocking the fast food restaurant’s drive-thru lane. He was polite and compliant with officers across the 20 minutes during which he was questioned on how much he had drunk and how he had ended up in the drive-thru


But after Brooks failed a field sobriety test and blew 0.108 when breathalyzed (0.08 is the legal limit in Georgia), Rolfe who has since been fired, moved to cuff Brooks who suddenly resisted. Both officers were clearly taken by surprise.  He tried to make a break for it and was shot twice in the back  (left and right)

The charges to which Brooks pleaded guilty and for which he was still on probation dated back to August 2014 when he was convicted on four counts – False Imprisonment, Simple Battery/Family, Battery Simple and Felony Cruelty/Cruelty to Children.

He was tried in Clayton County and sentenced to seven years on the first count, with one year in prison and six on probation and 12 months for each of the other three counts, sentences to be served concurrently.

His sentence was revised, and he was sent back to prison for 12 months in July 2016 when he violated the terms of his probation.

Brooks had not been in trouble since that year until last December when he went to Ohio without informing his probation officer and a warrant was issued for his arrest.

That warrant was revoked and the case dismissed when he returned to Georgia on January 6.

According to his wife, Tomika Miller, Brooks was a devoted husband to her and loving father to their three daughters and his stepson.

According to his wife, Tomika Miller, Brooks was a devoted husband to her and loving father to their three daughters (pictured) and his stepson. She last saw her husband at 4pm on Friday when she went home to unwind after the family had gone bowling an outing at which, she said, they ‘had a blast’

 The charges to which Brooks pleaded guilty and for which he was still on probation dated back to August 2014 when he was convicted on four counts – False Imprisonment, Simple Battery/Family, Battery Simple and Felony Cruelty/Cruelty to Children. Brooks had not been in trouble since that year until last December when he went to Ohio without informing his probation officer and a warrant was issued for his arrest

Speaking to CNN, Miller recalled her husband as a happy person who always kept her spirits up and doted on their children.

She has told how Brooks pushed her to be a better person and said of her children: ‘They got him wrapped around their little fingers. 

‘There’s nothing they can’t have even when I’m saying, ”Hey, stop, don’t give them that, they don’t need that”.’

She last saw her husband at 4pm on Friday when she went home to unwind after the family had gone bowling, an outing at which she said, they ‘had a blast.’ 

Now she revealed her one great regret for which she carries a sense of guilt is that she did not stay with Brooks that day.

She said: ‘I know he wanted me to stay with him. I was just so tired that day.’

Brooks’ death has been ruled a homicide by Fulton County Medical Examiner who conducted an autopsy on Sunday, June 14.


Officer Garrett Rolfe (left) was fired from the force after firing the shots that killed Brooks on Friday night, while Officer Devin Bronsan (right), who was also present but did not fire, has been placed on administrative leave

The Wendy’s is pictured after it was set on fire during protests that erupted after the slaying

The Georgia Bureau of Investigations are still investigating the shooting and Fulton County District Attorney Paul Howard is considering bringing charges against officer Rolfe who fired three times with two bullets striking Brooks in the back.

According Howard from what he has seen Rolfe would have a hard time arguing self-defense, despite the fact that Brooks grabbed Brosnan’s taser and turned to deploy the stun gun against Rolfe as he chased him.

Howard has stated that a Taser is not a lethal weapon and that therefore the officers’ lives could not be considered under threat as they had already established that Brooks was otherwise unarmed.

For her part Miller has said that she is not angry with the officer who killed her husband because: ‘God will deal with that.’

She added: ‘I know my husband would never want me to be upset with them or hold that feeling in my heart. He was a very forgiving person.’

Source: Read Full Article