Police said they tried to take Brooks into custody after he failed a sobriety test, which led to a struggle between Brooks and the officers. Police claimed that Brooks, while allegedly resisting, grabbed an officer's Taser and ran off with it.

Footage capturing the scene from the restaurant's parking lot showed that Brooks turned around and appeared to point the stun gun at Rolfe before being shot.

An ambulance transferred Brooks to a local hospital, where he died after undergoing surgery.

Brooks was shot twice in the back and died from organ damage and blood loss from the wounds, the Fulton County Medical Examiner's Office said earlier this week.

"The city of Atlanta SOP (Standard Operating Procedure), in fact, prohibit officers from firing tasers at someone who is running away. So the city of Atlanta says you could not even fire a taser at someone who is running away. So you certainly can't fire a gun, a handgun at someone who is running away," Howard said on Wednesday.

L. Chris Stewart, an attorney for Brooks' family, said that the incident is "heartbreaking."

"It's not a day of joy watching the charges and what's gonna happened to this officer because it shouldn't happen," Stewart said.