Garrett Rolfe kicked Brooks while he lay on the ground and the officer with him, Devin Brosnan, stood on Brooks’ shoulder as he struggled for life after a confrontation Friday night, Fulton County District Attorney Paul Howard said at a news conference.

“Mr Brooks was running away at the time the shot was fired,” Howard said.

Brosnan, who is being charged with aggravated assault, is cooperating with prosecutors in the case and has given testimony as a state’s witness, according to Howard, who said it’s the first time in 40 such cases where an officer has come forward to do this.