Garrett Rolfe, 27, was charged with murder after the June 12 shooting in the parking lot of an Atlanta Wendy’s restaurant. Rolfe surrendered and is currently being held at the Gwinnett County jail.

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A bond hearing was initially scheduled last week for Rolfe. But was postponed because it coincided with the funeral for Brooks. Fulton District Attorney Paul Howard argued that the Victim's Rights Act gives family members the right to be heard at any hearing pertaining to a potential release.

Tuesday’s hearing is scheduled for 2 p.m. at the Fulton County courthouse.

Rolfe was fired from APD the day after Brooks’ shooting. A co-defendant, Officer Devin Brosnan, is charged with aggravated assault and violating his oath of office. He is out on a $50,000 signature bond and has been placed on administrative duty pending the GBI’s investigation of the shooting.

On the night of June 12, Rolfe attempted to place Brooks in handcuffs for suspected DUI. Brooks fought with the two officers and took Brosnan’s Taser, dash-cam video appears to show. Brooks was killed by two gunshot wounds to the back, fired by Rolfe, according to investigators.

Rolfe’s attorney has also filed a motion seeking a preliminary hearing. That has not yet been scheduled.