A lawyer representing Atlanta police officer Devin Brosnan insists his client acted “exemplary” during Rayshard Brooks’ June 12 death. Don Samuel told CNN that Brosnan suffered a concession during the altercation in a Wendy’s parking lot but prosecutors didn’t bother to look at his medical records before charging him with three counts of aggravated assault and violation of oath. He is accused of standing on Brooks’ shoulder and not rendering aid as Brooks was dying.

“Devin ends up taking out his Taser and yelling at him to ‘stop fighting, stop fighting,” Samuel said. “Mr. Brooks grabbed the Taser from him and…Devin gets shot with the Taser. He then falls over and lands on his head on the pavement and gets a concussion.” He said Brosnan didn’t realize Brooks had been shot when he “put his foot on [Brooks’] arm to make sure he didn’t have access to a weapon.”

Another attorney for Brosnan disputed Fulton County District Attorney Paul Howard’s claim that Brosnan had “remarkably” agreed to testify against former colleague Garrett Rolfe, who is charged with felony murder. “He’s not a state’s witness, he’s a witness. He will tell the truth about what he saw and what happened,” Amanda Clark Palmer. Brosnan turned himself in on Thursday and was bonded out shortly after.