D.A. Howard just said that they are issuing warrants in the Brooks case. He claims that they have evidence that Rolfe kicked Brooks and Bronsan stood on Brooks after he was shot. As discussed earlier, Howard is applying the Tenn. v. Garner standard and found no justification...

...The new evidence is important and any abuse following the shooting could be the basis of different charges. However, Tenn. v. Garner would be focused on the shooting, not the abuse following the shooting. Bronson is now a state witness and will testify against Rolfe...

...The testimony of Bronson is a game changer because, under the case law in the area, this is a tough case for the prosecution because of the struggle with the officers and the use of the taser by Brooks. Bronson could tip the balance against Rolfe. However, ...

..as a defense attorney, the felony murder charge (which is a death penalty offense) can be challenged as an over-charge. In the Martin case, I believed the prosecutors blundered on an over charge. https://jonathanturley.org/2012/05/18/new-evidence-in-zimmerman-case-undermines-prosecutions-case-on-second-degree-murder-charge/ The difference is that the other charges here ...

...present alternative charges for a jury if they do not agree with the most serious charge of felony murder. The aggravated assault charges come with potentially lengthy sentences and there are ample options for the jury to hand down multiple, overlapping convictions...