Rayshard Brooks was killed by a gunshot wound to the back, a medical examiner has ruled.
Protesters torched an American fast food restaurant where the unarmed black man was shot dead by white police sparking fears further violence could sweep the States.
Fulton County Medical Examiner has confirmed the 27-year-old’s death is homicide.
Mr Brooks was videoed calmly speaking to police officers before he was shot at a Wendy’s drive-thru in Atlanta.
The 27-year-old was accused of falling asleep in his car while queuing up and cops tried to arrest him when he failed a sobriety test.
The official cause of death is a gunshot wound to the back and the manner of death is homicide, report CBS46.
Mr Brooks’s killing came less than three weeks after the death of George Floyd by Minneapolis police which sparked worldwide demonstrations and violence throughout America.
The officer involved in the shooting Garrett Rolfe was fired while his partner Devin Bronsan was placed on administrative duty.
Brooks family attorney Justin Miller told CNN: “”We know he was shot twice in the back. Once in his mid-back and once in his buttocks and those shots ended up killing him.
“This is a little different than say George Floyd’s murder because it is still a murder, but the legalities just, they fall differently when there is a scuffle and a taser and then a fleeing person who is killed.”
Earlier today a new police bodycam video shows an officer is heard asking him how many drinks he has had and asking another inaudible question, to which Mr Brooks calmly replies, “no sir”.
The officer replies: “I think you’ve had too much to drink to be driving”.
He then tells Mr Brooks to put his hands behind his back and moves to put him in handcuffs.
The camera then blurs and it appears a struggle is going on, with someone heard shouting “stop fighting”.
An officer warns him that he’s going to get zapped with the stun gun.
The struggle then goes on and the police bodycam appears to be lying on the ground.
Footage recorded by a witness from inside a car previously showed Mr Brooks running with what looked like a TASER in his hand before three gunshots rang out.
Activists set on fire and burned down the Wendy’s branch in protest, amid ongoing Black Lives Matter demonstrations over the deaths of unarmed black man George Floyd in police custody.
Atlanta Mayor Keisha Lance Bottoms said of the killing: “There is a clear distinction between what you can do and what you should do.
“I do not believe this was a justified use of deadly force.”
The mayor also accepted the resignation of Police Chief Erika Shields who said she was stepping aside “out of a deep and abiding love for this city and this department.”
BLM protesters have also been demonstrating about the deaths of Breonna Taylor, who was a healthcare worker in Kentucky, and Ahmaud Arbery, who was gunned down while jogging in Georgia.
The police department has terminated the officer who allegedly shot and killed Brooks, while a second cop was put on administrative leave, police spokesman Carlos Campos said.
Keisha Lance Bottoms, Mayor of Atlanta, said police chief Erika Shields had resigned and will be replaced by deputy chief Rodney Bryant in the interim.