A former Atlanta officer previously charged in Rayshard Brooks’ fatal shooting is suing the department’s police union over attorneys’ fees he says he was forced to pay out of pocket.
Devin Brosnan, one of two officers cleared in the 27-year-old’s killing, said in a lawsuit Friday that he had to pay $250,000 for legal representation after being charged by former Fulton County District Attorney Paul Howard.
When he joined the local union as a cadet, Brosnan was told the International Brotherhood of Police Officers Local 623 would cover his attorney fees if he was criminally charged for something that occurred in the course of his official duties, according to the complaint filed in Fulton County State Court.
But as Brooks’ fatal shooting sparked mass protests in Atlanta and beyond, and Howard hinted he would bring criminal charges against Brosnan and fellow officer Garrett Rolfe, Brosnan says his calls for a union-funded attorney went unanswered.
The union didn’t respond immediately to a request for comment regarding the lawsuit.
Rolfe, who fired the fatal shots, was charged with 11 counts five days after the shooting, including felony murder. Brosnan was charged with four felonies, including aggravated assault and violating his oath of office.
According to the lawsuit, Rolfe was contacted by an attorney within 24 hours of the shooting and given at least $150,000 to spend on legal counsel, according to the filing. Brosnan on the other hand, said he repeatedly called and texted his union representative but was never contacted by a lawyer.
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In the days leading up to the charges, Brosnan said his address and personal information became public, putting him in “grave danger” and forcing him “to go into hiding in order to safeguard his own life.”
He retained prominent Atlanta defense lawyer Don Samuel for $250,000, according to the filing.
The lawsuit says that in June 2021, about a year after Brooks’ shooting, Brosnan requested repayment for the attorney fees from the national IBPO’s attorneys. His request was denied.
The union did, however, reimburse Rolfe for his attorney fees, according to the filing.
Brooks was shot and killed June 12, 2020, after Rolfe and Brosnan tried to arrest him in the parking lot of a south Atlanta Wendy’s. Brooks had fallen asleep in the restaurant’s drive-thru line, prompting an employee to call 911.
Brooks struggled with the officers as they tried to arrest him on a DUI charge. They fell to the ground and Brosnan hit his head hard enough to cause a concussion.
Brooks then took Brosnan’s Taser and aimed it at Rolfe while running through the parking lot, firing it behind him and missing, investigators said. Rolfe pulled out his gun and fired three rounds at Brooks. A Fulton County Medical Examiner’s Office report from June 14, 2020, said he was struck twice in the back.
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In August 2022, the special prosecutor assigned to case dropped all criminal charges against Brosnan and Rolfe.
“It is my conclusion the use of deadly force was objectively reasonable and that they did not act with criminal intent,” said Pete Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia.
Brosnan is seeking a quarter-million dollars in repayment from the union, along with interest and attorneys’ fees for the lawsuit.
Rolfe is still employed by the Atlanta Police Department, an agency spokesman said Monday. Brosnan’s filing said he was “forced to move out of the state.”
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