Was the Shooting of Rayshard Brooks 'Lawful but Awful'?
"All right, you good?" Officer Devin Brosnan inquires after waking Brooks up at 10:42 p.m. He asks Brooks to move his car to a nearby parking space, initially suggesting that he take a nap there. Seven minutes after arriving, Brosnan calls for another officer.
After Rolfe arrives at 10:56 p.m., he consults with Brosnan. Rolfe asks Brooks to get out of the car and asks if he has any weapons. Brooks says he does not and consents to a pat-down. Rolfe performs a seven-minute field sobriety test.
Brooks is "compliant and friendly with the officers throughout this time," the
Times notes. He admits that he has been drinking but says he is not too intoxicated to drive.
Brooks suggests that the officers allow him to lock up his car and walk to his sister's house, which is nearby. "I can just go home," he says.
Rolfe is not keen on that idea. "Why would you walk home?" he asks. "I just don't want to be in violation of anybody," Brooks replies. "Do you think that you would be in violation of something if you were to drive your vehicle?" Rolfe wonders.
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Criminal charges aside, it seems clear that something went horribly wrong the night that Rayshard Brooks fell asleep in his car outside a fast-food restaurant. The incident highlights that fact that every encounter with armed agents of the state has the potential to end tragically, which is a good reason to minimize such encounters, to weigh their risks against their benefits, and to avoid escalation whenever possible.
In this case, the tenor of Brooks' interaction with the officers changed dramatically when the handcuffs came out. Yet his alleged offense is a misdemeanor that is typically handled with sanctions such as fines, probation, community service, and license suspension (although it theoretically can be punished by up to 10 days in jail). It seems like the sort of offense that could be handled by a citation, along with precautions aimed at ensuring that an intoxicated driver does not get back behind the wheel.
Under Georgia law, however, arrests are authorized for most moving violations—not just driving under the influence, but routine offenses like speeding. Such overcriminalization is a standing invitation to hostile encounters that may lead to violence, as happened in this case. The value of enforcing the DUI law, and especially the added value of routinely enforcing it with custodial arrests, cannot possibly justify the loss of a man's life. And while that outcome is far from typical, it is the sort of danger that legislators should consider whenever they authorize police officers to use force.