Lawyers for ex-officer charged in death of Rayshard Brooks files response to DA's bond revocation request

The attorneys for the former Atlanta police officer charged in the deadly shooting of Rayshard Brooks have filed their response to the Fulton County District Attorney's attempt to revoke his bond after disclosing he went out of state on vacation.

Garrett Rolfe was granted a $500,000 bond on June 29 under certain conditions. Among those conditions set by Fulton County Superior Court Judge Jane Barwick's order was Rolfemust have a 6 p.m. to 6 a.m. curfew other than medical, legal or work" and to wear an ankle monitor. 

Fulton County District Attorney Paul Howard said Rolfe left for vacation on Aug. 2. As part of the motion filed to revoke his bond filed on Tuesday, the DA released records showing the company tracking Rolfe's ankle monitors showed him in Daytona Beach. 

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Garrett Rolfe (Fulton County Sheriff's Office)

Thursday's Rolfe's lawyers responded to the motion writing in part:

"The State never requested that Garrett Rolfe be placed on house arrest/home confinement; nor did the State request that Mr. Rolfe be prohibited from traveling out of state. Instead, when asking this Court to impose conditions of bond, the State asked that Mr. Rolfe be subject to a curfew, which the Court Ordered and which Mr. Rolfe has not violated. Now, instead of requesting that Mr. Rolfe’s bond be modified to include additional conditions of bond, they are asking this Court to revoke his bond. Because Mr. Rolfe did not violate the conditions of his bond, this Court should not revoke his bond."

"It just hurts and it shows me that officer Rolfe does not care, and it makes me wonder if I will ever get justice," Brook's widow Tomika Miller said on Wednesday. 

Attorneys Chris Stewart and Justin Miller, who represent Miller, said Rolfe's decision to vacation to Daytona Beach, Florida shows disrespect for the judge's order and indicates Rolfe believes he is above the law.

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Rolfe faces 11 charges, including felony murder and multiple counts of assault with a deadly weapon in the shooting death of Rayshard Brooks. The felony murder charge against Rolfe, 27, carries life in prison or the death penalty if prosecutors decide to seek it.

Brooks, 27, was shot and killed the night of June 12 at a Wendy's restaurant along University Avenue in southeast Atlanta. The officers were called over complaints of a car blocking the restaurant’s drive-thru lane.

Rayshard Brooks, 27 (Photo: Family).


A struggle ensued between Brooks and the officers when they attempted to handcuff him, dashcam video showed. In the struggle, Brooks grabbed a Taser and ran, firing it at the officer, Fulton County District Attorney Paul Howard said. Shots were fired at Brooks as he was running away, which were captured by a surveillance camera at the Wendy's.

An autopsy revealed he was shot twice in the back.

Rolfe’s lawyers said he feared for his and others’ safety and was justified in shooting Brooks. Rolfe opened fire after hearing a sound “like a gunshot and saw a flash in front of him,” apparently from the Taser.

Officer Devin Brosnan faces charges in connection to the shooting death of 27-year-old Rayshard Brooks (Fulton County Sheriff's Office).

Officer Devin Brosnan, 26, was also charged in the incident. He is facing a charge of aggravated assault and two counts of violating his oath of office.

No word on when the judge will hear arguments on the case.

In another matter this week, two additional attorneys filed a petition for a Writ of Mandamus on August 4, 2020, seeking an order requiring the city of Atlanta to follow the duly passed city ordinances in Rolfe's case, which provide Atlanta employees due process, including notice and an opportunity to be heard, before they can be fired in connection with allegations of misconduct. According to Rolfe's attorneys, the City of Atlanta "willfully and blatantly failed to abide by these ordinances," firing Garrett Rolfe within days of his "lawful use of force" on June 12, 2020. 

RELATED: Ex-officer charged in death of Rayshard Brooks sues Atlanta mayor, city over firing

Attorneys for Rolfe also pointed out that recently indicted Atlanta City Councilman Antonio Brown was not forced to resign his council seat after allegations of financial fraud and they would like  Rolfe, who has not been indicted, to get the same consideration.