He saw shots of Rashard Brooks from his truck. The officer's bullet hit his vehicle, the DA says

He saw shots of Rashard Brooks from his truck. The officer's bullet hit his vehicle, the DA says
Melvin Evans was queuing at a Wendy Drive-In movie theater in Atlanta last week when he heard people arguing.

Soon after, a man ran near the Chevrolet trailblazer he was inside. "The officer chased him ... he had a tusser in his right hand," Evans said. "The victim had a tusser in his hand."

The man was Ryshard Brooks, who was badly shot that night on Friday during a brawl with two officers who responded to a complaint that she was standing in the driveway and sleeping. The fatal shooting occurred amid protests across the country amid calls to end racism and police violence against blacks.

Evans noticed things seen from his car that were too afraid to move, he told CNN's Chris Cuomo on Wednesday night. When the officer shot Brooks, a bullet fired on Evans' vehicle, causing him and two other people to fall to the floor.

Evans said, "My partner behind me, he asked me to back off." "I said, 'No, I'm not going to make it when this guy has a gun in his hand.'

He feared that the officer was too close to him and would accidentally kill him or he would be shot by mistake.

If I walk, it's about 10 feet from the truck, I can drive him or something nervous ... or he can shoot the truck, I don't know, "Evans said.

Investigators have spoken with Evans and others in the vehicle with him, said Paul Howard, Fulton County Police Attorney.

Garrett Rolf, the officer who fired his gun, faces 11 charges in which Evans's car, Howard, said an assault count increased during the shooting. The second officer faces charges of assault by standing in Brooks in the Devin Brosnan parking lot.

What happened that night?

A report from the Georgia Bureau of Investigation describes what happened that night.

Brooks, 27, failed an ordeal when officers arrived. When they tried to arrest him, he quarreled with both officers in the parking lot and caught an officer's tussle. In a video of the incident, he runs away when Taser is aiming at Rolf, who fires a gun and shoots him.

Two shots hit Brooks from behind and a third hit Evans's car, Howard said. After Brooks was shot by Rolf, he did not give first aid in time, he "got it," and kicked him while fighting for his life, Howard said.

Rolf reacted thinking that "he heard a shot and saw a flash in front of him," his lawyers said.

"Fearing for his safety and the safety of the citizens around him, Officer Rolf dropped his taser and fired his service weapon at Mr. Brooks 'sole: that was in Mr. Brooks' back," the LoRusso law firm Said in a statement.

Evans' attorney Sean Willems said his client had the right to fear when the incident unfolded.

"As a black person, our approach is different when we meet police officers," he said. "Melvin and his friends saw the horrific murder of another black person right in front of them ... Melvin wanted to stay because he was scared. His friend ... wanted to get out of the back seat because he was scared."

Rolf's 11 charges include criminal murder, five counts of kidnapping, four counts of violation of oath of office and one count of criminal property damage. Brosnan also faces two counts of violation of the oath of office.

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