1:07 PM PT – Brooks Family Attorneys, L. Chris Stewart and Justin Miller, tell TMZ … while they are “disappointed that his killer received bail today, they understand that this is just one step in Rayshard’s long quest for justice.”
They add … “We will be diligent in our search for justice for this family and we will do everything in our power to ensure that Rayshard Brooks does not lose his life in vain.”
12:54 PM PT – judge Jane C. Barwick He has awarded Rolfe bonuses and has set it at $ 500,000. Half of that amount is a direct $ 250k bonus for the felony charge, and the other half is a combination of bonuses for all of your other charges.
The judge also imposed Rolfe’s conditions: he must hand over his passport, wear an ankle monitor, obey a curfew, and must have no contact with the Brooks family or any other witness or alleged victim in the case. Nor should you contact any Atlanta police officer.
As for the phone password requested by the state … Judge Barwick says it is for another hearing, but he did have Rolfe’s attorneys agree that all evidence on the phone should be preserved.
12:36 PM PT – Brooks’ widow, Tomika Miller, released an incredibly emotional impact statement during the hearing, saying that her life has completely changed since her husband was killed … she cannot eat, she cannot sleep and she cannot comfort her children.
Fox 5 Atlanta
Miller says Brooks did not deserve to die, and that his family has suffered so much emotional damage since his life was taken … and that he should not have to wait in fear while Rolfe is out of custody awaiting trial.
For that reason, he is asking the judge to deny Rolfe’s bail request, saying … “Mentally, I can’t handle it.”
As for the proposed bonus … Rolfe’s attorneys are asking for a $ 50k signing bonus similar to what Brosnan got.
The state wants it to be set much higher. Recommend a $ 1 million bond with various conditions: Rolfe must reveal his location and who he is living with, must give the access code to his phone, must not have contact with any official involved in the case, must give communication with others Officers, you must wear an ankle monitor, you must comply with a curfew, you must not possess weapons, and you must not contact the Brooks family or any witnesses.
The defense struggles with several of those conditions, but said Rolfe would be willing to turn over his passport to alleviate any concerns about his flight.
Garrett Rolfe – Dismissed Atlanta police officer charged with serious murder in fatal shooting of Rayshard Brooks – He could be released from prison on Tuesday … TMZ is broadcasting live on his bail hearing.
Rolfe has been locked up in the Gwinnett County Jail in Georgia since his arrest, but will appear virtually in Fulton County court on Tuesday to ask the judge to release him on bail. The hearing is scheduled for 11 AM PT.
According to legal documents … Rolfe is asking for a “reasonable bonus” for some reasons. First, he claims that he is an “old and law-abiding” citizen, and says he does not pose a threat to the public or potential witnesses.
Rolfe then states that there is “significant evidence showing that he was legally justified in the use of lethal force in this case.” In the documents, Rolfe argues that Brooks committed several felonies “in resisting legal arrest”, including the TASER shot at him, and Brooks’s actions justified the use of Rolfe’s lethal force “if he reasonably believed that Mr. Brooks had a deadly weapon. “
Fulton County District Attorney Claims Paul Howard “He has declared that a TASER is a deadly weapon under Georgia law.”
Finally, Rolfe argues that he must be given bail, so he has an opportunity to help his lawyers prepare for the case, adding that the DA “made several false statements of important facts to the public.”
Rolfe’s legal team is also expected to present character witnesses to testify that the former officer is a good man and will not present a flight risk. Some experts predict that the judge will grant some kind of bail … but at a high price.
As we have reported … Brooks was shotby Rolfe on the night of June 12 during a chase in the Wendy’s parking lot. Brooks had been talking to Rolfe, along with the officer. Devin Brosnan, before Rolfe tried to arrest him and a fight ensued.
Video of the incident shows Brooks had obtained one of the officers’ Tasers and was trying to flee after a failed breathalyzer test, and that’s when Rolfe opened fire on him … shooting him twice in the back.
Fulton County DA Howard announced 11 loadsagainst Rolfe, including serious crime murders and multiple acts of aggravated assault.
In announcing the charges, Howard said Rolfe kicked Brooks while he was dying, adding that he does not believe Rolfe feared for his life … noting that Rayshard had been cordial and cooperative for more than 41 minutes before he he was shot deadly.
Brosnan has also been charged for his role in the incident, with aggravated assault and lack of timely assistance … something he and his attorney have denied.