Judge Jane C. Barwick reasoned that Garrett Rolfe is not a danger to the community or a risk of flight. Rolfe will have to wear an ankle monitor, he will not be able to have any type of weapon and he will have to hand over his passport.
“[Officer Rolfe] it has already shown that it is a danger to the community. The way he stood on my husband and kicked his body, and I can only imagine what he felt and how scared he was at the time, “said Miller.” Killing him was not enough. They stayed there when something could have been done to save him. “
L. Chris Stewart and Justin Miller, attorneys for the Brooks family, expressed disappointment at the ruling.
“While Rayshard Brooks’ family is disappointed that his killer received bail today, they understand that this is only one step in Rayshard’s long search for justice,” they said.
Rolfe is charged with serious murder, as well as five counts of aggravated assault, four counts of violation of the oath of office, and one count of criminal property damage.
In previously filed court documents, Rolfe’s attorneys say Rolfe was legally justified and acting in self-defense when he shot and killed Brooks, 27, who fought with police and took Officer Devin Brosnan’s Taser during the fight.
Video of the June 12 incident, which the defense called the most valuable evidence in the case, shows Brooks running away and pointing the Taser behind him when Rolfe fired the fatal shots.
Brosnan was charged with aggravated assault and released on bail.
Defense features 28 character letters
On Tuesday, in court, Rolfe’s legal team filed 28 character letters on his behalf, calling him professional, trustworthy and a mainstay in the community. They said the former officer is a student at Kennesaw State University, a native of Georgia, and not at risk of running away. Rolfe’s team had asked the judge for bail of $ 50,000.
The state questioned Rolfe’s ties to the community and the flight risk assessment, since Rolfe has no job or income. The state requested, if bond is granted, investigators be given Rolfe’s cell phone access code.
In addition, Rolfe’s legal team asked that an “inflammatory phone call” with a racial epithet not be played in court. A Georgia state attorney said they intend to expose the phone call.
Additionally, prosecutors indicated that the state executed search warrants for Rolfe and the other officer at the scene and obtained records from both officers. The phone records allegedly show multiple text messages between Rolfe and four different officers from the police department.
The state said Rolfe refused to release the access code for his phone..
Rolfe’s attorneys said in court documents that he must be given a reasonable bond because he needs the opportunity to help his attorney prepare for this case.
His attorneys say they have provided the Georgia Bureau of Investigation with three cell phone videos taken by a witness.
CNN’s Steve Almasy, Jennifer Henderson, Eric Levenson and Jamiel Lynch contributed to this report.
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