Original story below.
Former Atlanta police officer Garrett Rolfe is seeking to be released on bail ahead of his trial on felony murder.
Bond should be granted because Rolfe was justified in using deadly force against Rayshard Brooks, his attorneys said in a motion filed Monday.
A bond hearing is scheduled for Tuesday afternoon.
Rolfe, 27, is charged with murder and 10 other charges, including a number of oath of office violations, after fatally shooting Brooks, who was blocking traffic in a Wendy’s drive-through.
Officers received a 911 call on June 12 because Brooks was asleep or passed out in his vehicle. The car was blocking traffic in a Wendy’s drive-through.
As Brooks moved away from Rolfe, the officer fired his weapon several times, hitting Brooks twice. Brooks died.
Rolfe’s lawyers said in the motion, “There is significant evidence that proves he was legally justified in using deadly force in this case.”
Al Hogan, an Atlanta Police Department homicide detective, wrote a letter that was attached to the bond motion. Hogan said he was preparing to seek a number of criminal charges against Brooks before he learned that he had died, including driving while intoxicated, aggravated assault against a police officer, and felony obstruction.
A lawyer representing Brooks’s family didn’t immediately respond to a request for comment.
Rolfe’s attorneys also said the former officer is a longtime member of the community and doesn’t pose a flight risk.
Charges Filed
Fulton County District Attorney Paul Howard charged Rolfe on June 17, just five days after the incident.“At the time Mr. Brooks was shot, he did not pose an immediate threat of death or serious physical injuries to the officer or officers,” Howard told reporters when he announced the charge.
Rolfe’s attorneys said previously that Rolfe “heard a sound like a gunshot” when Brooks fired the stun gun at him.
“Fearing for his safety, and the safety of the civilians around him, Officer Rolfe dropped his Taser and fired his service weapon at the only portion of Mr. Brooks that presented to him—Mr. Brooks’s back,” they said in a statement.
“What you’re going to find, when the GBI finally completes their investigation, they’re going to find no excessive use of force and no violations,” he said.