The medical examiner in Atlanta, Georgia has declared the death of Rayshard Brooks in a police shooting as a homicide.

Brooks died as a result of a police shooting, as he fled two police officers in a restaurant parking lot  on Friday. He died after he was shot twice in the back, according to the Fulton County Medical Examiner’s Office. Brooks suffered organ injury and blood loss and died after surgery at a hospital.

Police officers were summoned to Wendy’s drive-through on a report that Brooks was asleep in his car in parking lot driveway. Police officers took sobriety tests upon arrival and proceeded to handcuff Brooks to take him into custody. Brooks resisted being handcuffed and sprinted away, trying to escape, the video record from the scene shows.

As he ran, Brooks turned around and pointed a taser that he grabbed during the struggle at police officers. Officer Garrett Rolfe then fired at Brooks three times, as he continued running away. Brooks then fell to the ground and after eight minutes, ambulance arrived at the scene.

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Atlanta Mayor Keisha Lance Bottoms said she did not believe it was “justified use of deadly force.”

L. Chris Stewart, an attorney for Brooks’ family, said Brooks shouldn’t have been shot because he had a stungun while not being not armed.

“Of extreme concern in the murder of Rayshard Brooks is the fact that he was shot in the back multiple times while fleeing,” Stewart and law partner Justin Miller said in a statement Saturday.

Atlanta Police Chief Erika Shields resigned after the fatal shooting. She said in a statement that “it is time for the city to move forward and build trust between law enforcement and the communities they serve.”

Fulton County District Attorney Paul Howard said that Rolfe could face three charges for shooting Brooks: murder, felony murder and aggravated assault.

“But I believe in this instance, what we have to choose between, if there’s a choice to be made, is between murder and felony murder,” Howard said.

Rolfe was fired after the shooting. A second officer, Devin Brosnan, was placed on administrative duty.

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