A Georgia judge Tuesday posted $ 500,000 bail for the Atlanta-area police officer accused of killing Rayshard Brooks in the Wendy’s parking lot.
Fulton County Superior Court Judge Jane Barwick said Garrett Rolfe, 27, could be released while awaiting trial. She said the prevailing problem in setting bail was whether a defendant would appear in court and said Rolfe might have fled after his arrest, but instead turned himself in.
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Rolfe must wear an ankle monitor and has a strict curfew from 6pm to 6am.
His lawyers argued that he should be released on bail because the evidence against him shows that he was justified in the use of lethal force and because he is a “long-standing and law-abiding member of this community who will stay here to fight. this case”.
Rolfe was charged with serious murder and 10 other crimes for his role in the June 12 shooting against Brooks. Rolfe turned himself in on June 19 and has been in custody ever since.
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His attorneys Noah Pines and Bill Thomas told Barwick that they had “significant evidence” to demonstrate that Rolfe was legally justified in the use of deadly force against Brooks.
Rolfe arrived at Wendy’s South Atlanta parking lot after Officer Devin Brosnan, who had answered a 911 call, found Brooks asleep in his car in the driveway. Rolfe, a certified DUI officer, spoke at length with Brooks before having him undergo a sobriety test.
Brooks, who was on probation, had remained calm during his interactions with Brosnan and Rolfe. However, when he was asked to put his hands behind his back, he tried to run.
The three men fell to the pavement and, as they fought, Brooks took Brosnan’s Taser and attempted to shoot the officer in the head. Then he ran through the parking lot. When Brooks turned, he pointed the Taser at Rolfe and pulled the trigger. Rolfe pulled out his gun and shot three times, hitting Brooks in the back twice.
After the shooting, Fulton County District Attorney Paul Howard appeared to side with Brooks, creating a gap between the police department and the people they are supposed to protect. While announcing the charges, Howard said Rolfe kicked Brooks while he was dying, and said Brooks had been cordial and cooperative with the cops for more than 41 minutes before Rolfe shot him.
Howard said Rolfe should have known that the Taser had already fired its two electrical probes and that the officer was not in immediate danger, a dispute Rolfe’s attorneys have strongly rejected. They argue that he was justified in the use of lethal force if he had probable reason to believe that Brooks had committed a crime involving “inflicting or threatening to inflict” serious physical harm.
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The charges against Rolfe were announced before the conclusion of an investigation into the incident by the Georgia Bureau of Investigation, which was asked to conduct an independent investigation into the matter, which is common when there is a shooting involved. by an officer.
Rolfe’s attorney fees are being paid by the Law Enforcement Legal Defense Fund, a Virginia-based national non-profit organization. It is also receiving funds from the Georgia law enforcement group, which claimed it had already raised the money necessary for Rolfe’s defense.
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Bronsnan, the other officer on the scene, faces four charges, including an assault aggravated by standing on Brooks’s shoulder and three others related to oath violations. He faces up to 20 years behind bars.