Bongino blasts DA over murder charge in Rayshard Brooks shooting: 'What they did was outrageous'

The Fulton County, Ga. district attorney's decision to bring a murder charge against one of the police officers involved in the shooting of 27-year-old Rayshard Brooks was "outrageous," former New York police officer and Secret Service agent Dan Bongino asserted Thursday.

In an interview on the "Brian Kilmeade Show"  with host Brian Kilmeade, Bongino accused District Attorney Paul Howard Jr. of having "significant problems of his own."

"You know, ethics investigations, serious allegations there. Now, that's entirely relevant to what happened in this case. This was a man who had to be elected who couldn't even win his own election in a run-off. He got 41 percent of the vote," Bongino stated. "[This] obviously begs the question: was this politically motivated? I mean, Brian, is this not fair game?"

JUDGE NAPOLITANO ON RAYSHARD BROOKS CASE: MURDER CHARGE AGAINST ATLANTA OFFICER IS 'CATASTROPHIC MISTAKE'

Brooks, a father of four, was shot and killed almost a week ago outside a Wendy’s restaurant where he’d apparently fallen asleep in his car in the drive-thru lane. He allegedly failed a field sobriety test -- and ultimately was seen wrestling with the officers and running with one of their Tasers leading up to the shooting.

In a Tuesday news conference, Howard explained that investigators had reviewed at least eight videos of the incident, including police body and dashcam images as well as Wendy's surveillance footage and cellphone recordings taken by witnesses at the scene.

"We've concluded, at the time Mr. Brooks was shot, that he did not pose an immediate threat of death or serious physical injury to the officer or officers," he told reporters.

This screen grab taken from body camera video provided by the Atlanta Police Department shows Rayshard Brooks speaking with Officer Garrett Rolfe in the parking lot of a Wendy's restaurant, late Friday, June 12, 2020, in Atlanta. Rolfe has been fired following the fatal shooting of Brooks and a second officer has been placed on administrative duty. (Atlanta Police Department via AP)

Eleven charges were brought against former Atlanta police officer Garrett Rolfe, 27, including a felony murder charge -- which could potentially lead to the death penalty.

In a statement, lawyers for Rolfe argued that their client used permissible force under the circumstances.

A second officer involved, Devin Brosnan -- whose attorneys said had suffered a concussion when Brooks knocked him to the ground -- is facing three charges, including aggravated assault. According to Howard, Brosnan had agreed to give a statement against Rolfe and become a "state's witness" -- but Brosnan's attorneys later disputed that claim.

Just before 5:30 p.m. Wednesday, the Georgia Bureau of Investigation revealed via Twitter they were never consulted on the charges filed by the DA. In a Facebook post later in the day, they wrote that they were still in the process of conducting an impartial investigation and "have not completed [their] work."

"They've drawn absolutely no investigative conclusions whatsoever about this incident. Again, albeit tragic with Mr. Brooks. But, no conclusions whatsoever," Bongino said. "Do you understand how unprecedented that is?

"So, now you're telling me if you're a police officer and you're engaged in a use of force incident in the course of your job...that results in the death of a subject that before an investigation's even concluded and, might I add has barely started, that you are subject to imprisonment without bail and charges that could result in the death penalty?" he asked.

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"I mean, even to the most radical leftist listening to your show right now, they're quietly acknowledging and shaking their heads...that what I'm saying on your show right now is absolutely accurate," Bongino told Kilmeade.

"This was outrageous. An overcharge. I mean this guy should resign tomorrow, Paul Howard," he concluded. "This was a disgrace."

Fox News' Michael Ruiz contributed to this report.

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