Just announced in a bond hearing Tuesday afternoon, the “Honorable” Judge Jane C. Barwick granted a bond of $500,000 with conditions to Ex-Officer Garrett Rolfe who shot and killed Rayshard Brooks in a Wendy’s parking lot on June 12th.
- Surrender Passport
- Not allowed to carry firearms or any other weapons
- 6 PM – 6 AM Curfew unless Emergency, Legal
- Ankle Monitor
- No Contact with family members of Mr. Brooks and 3 other witnesses
- No Contact with other Atlanta Police Officer (about this case)
Judge Barwick deems Rolfe is not a danger to the community or a flight risk.
The defense asked for a signature bond of $1,000. Clinton Rucker asked for either a denial of bond or a bond of $1M with conditions.
Garrett Rolfe is facing 11 charges including Felony Murder, which could result in the death penalty, and aggravated assault, criminal damage to property and violations of his oath of office.
The second officer involved, Devin Brosnan, is out on bond. Brosnan is charged with aggravated assault and two violations of his oath of office.
As a result of all that happened, that you can read below, the Wendy’s was burned down and the charges brought on by DA Paul Howard brought the “Blue Flu” to Atlanta, having at least 170 Atlanta officers walk off the job.
Rayshard Brooks had passed out in a Wendy’s drive thru line obstructing traffic. A Wendy’s employee called 9-1-1 and Officer Devin Brosnan arrived to Mr. Brooks still passed out in the driver’s seat of his car. Officer Brosnan asked Mr. Brooks to move his vehicle to a parking spot after waking him up a second time. After Mr. Brooks moved his car to a parking spot, Officer Brosnan asked for a DUI expert officer to conduct a DUI investigation. Moments later Ex-Officer Garrett Rolfe arrived on scene.
Upon arriving on scene, Garrett Rolfe contacted Mr. Brooks and asked him what happened prior to his arrival including how the car got to drive-thru line. Mr. Brooks appeared to slur his words and didn’t know where he was until he got out of the car to perform a field-sobriety test.
Officer Rolfe asked for Mr. Brooks to perform a field-sobriety test that included following the tip of his finger with only his eyes, taking 18 total steps in a straight line, and standing on one foot with one foot raised about 6 inches above the ground. It appears that Mr. Brooks failed all of those tests by following the tip of his finger with his head, only taking 4 steps before turning around and taking 9 more steps not in a straight line, and swaying around while on one foot. Officer Rolfe asked if Mr. Brooks would take a breathalyser test. Mr. Brooks, after being told what it is, agreed to take the test and after taking the test blew a .108. The legal BAC is .08.
After determining Mr. Brooks was not safe to operate a vehicle, Officer Rolfe attempted to put Mr. Brooks in handcuffs. Mr. Brooks resisted arrest and started to struggle with both officers. Mr. Brooks stole the taser from Officer Brosnan and started running. In a video it appears Mr. Rolfe used his taser twice on Mr. Rolfe and appears that Mr. Brooks took one shot of the taser at Officer Brosnan prior to running.
In a video by the Wendy’s security camera, it appears that Mr. Brooks turned around, pointed the taser that he stole from Officer Brosnan, and shot the taser above Officer Rolfe’s head. Officer Rolfe appears to fall into a nearby red car before taking three shots of his service pistol towards Mr. Brooks striking him one in the back, once in the buttocks, and once in the back of a nearby vehicle.
Mr. Brooks was taken to a nearby medical facility where he died after surgery.
Important Case Laws to consider:
- Tennessee vs Garner– Under the Fourth Amendment of the U.S. Constitution, a police officer may use deadly force to prevent the escape of a fleeing subject only if the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.
- Graham vs Connor– The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.
If you watch this video I advice before hand there is content that may or may not disturb you.