Prosecutors have asked a judge to revoke bond for the former Atlanta police officer who fatally shot, saying he had traveled to Florida for a vacation without permission. Garrett Rolfe including felony murder, in the June 12 killing during an arrest outside an Atlanta Wendy's. Rolfe was granted bond June 30, from Brooks' widow.
The bond order "expressly states that the Defendant is only allowed to leave home for medical, legal, or work related obligations," the motion says. The bond conditions also impose a curfew of 6 p.m. to 6 a.m. Speaking Wednesday, lawyers for Brooks' family said Rolfe's out of state beach vacation was a "full violation" of his bond conditions and showed disrespect.
Brooks' widow, Tomika Miller, said she was "baffled" by the former officer's actions.
"It let me know that Officer Rolfe did not care about what the judge had laid down, as well as caring about how anyone would feel," Miller said at a press conference. "I'm hurt. Again, I'm just wondering when justice will be served?"
Chris Stewart, a Brooks family lawyer, said Rolfe's legal team only notified prosecutors the former officer was out of state "after he had already been on vacation on the beach for a few days." Stewart said it was "mind-blowing" and "disappointing."
"It furthermore shows the mental state of this officer, it shows he feels he can just go on vacation after he has been charged with the murder of Rayshard Brooks," Stewart said.
Police body cameras showed Rolfe and another officer, Devin Brosnan, having a calm conversation with Brooks for more than 40 minutes after complaints that the 27-year-old Black man had fallen asleep in his car in a Wendy's drive-thru lane on June 12.
But when officers told him he'd had too much to drink to be driving and tried to handcuff him, Brooks resisted. A struggle was caught on dash camera video. Brooks grabbed one of their Tasers and fled, firing the Taser at Rolfe as he ran away.
An autopsy found Brooks was shot twice in the back. Rolfe was fired the following day. Brosnan, 26, is charged with aggravated assault and violating his oath and is also free on bond.
Rolfe has also sued the mayor and interim police chief, saying his firing violated his constitutional rights and the city code.
Rolfe's lawsuit, which was first reported by the Daily Report, argues that Rolfe used deadly force "within the scope and course of his duties" in response to "Brooks' violent, unlawful, aggressive resistance to a lawful arrest."
The lawsuit asks a judge to hold a hearing and to order that Rolfe be immediately reinstated with back pay and other benefits.
The mayor's office and police department did not immediately comment Wednesday on the lawsuit.
Prosecutors received an email Monday afternoon from one of Rolfe's attorneys notifying them that Rolfe had traveled to Florida for vacation, according to the motion to revoke his bond. A location report from the company that owns the ankle monitor Rolfe is wearing shows that he left home early Sunday and was in Daytona Beach, the motion says.
Prosecutors aren't aware of him having been granted permission to travel and they argue that Rolfe "has clearly shown that he will not abide by the conditions of bond imposed by the Court."
Lawyers for Rolfe did not immediately respond to an email seeking comment Wednesday.
Stewart said Rolfe's actions show the former officer feels as though "rules don't apply to him." Stewart also called for Rolfe's bond to be revoked.