Rolfe defense attorney Noah Pines, who had filed a motion in July to disqualify the Fulton County district attorney's office from the case, said in an email that while he believes the law is clear that Willis' decision to disqualify her office should be final, he looks forward to Brasher reviewing that decision and making a ruling.
Police responded June 12 to complaints that Brooks had fallen asleep in his car in the drive-thru lane of a Wendy's restaurant. Police body camera video shows the 27-year-old Black man struggling with two white officers after they told him he'd had too much to drink to be driving and tried to arrest him. Brooks grabbed a Taser from one of the officers and fled, firing it at Rolfe as he ran. An autopsy found that Brooks was shot twice in the back.
Rolfe, who was fired after the shooting, faces charges including murder. The other officer, Devin Brosnan, was charged with aggravated assault and violating his oath. Lawyers for both officers have said their clients acted appropriately, and they are free on bond.
Brooks' family applauded when Howard announced charges against the two officers less than a week after the shooting. But defense attorneys have said Howard, who decided to bring charges before the GBI finished investigating, repeatedly made comments meant to inflame public sentiment against Rolfe.
Pines, Rolfe's defense attorney, said he hopes Willis will release the Georgia Bureau of Investigation report on the shooting.
“Judge Brasher, the public, and Garrett Rolfe all have the right to know what this independent investigation found," Pines wrote. "And learning what Paul Howard knew, and when he knew it, as he made repeated misstatements to the public, will shed light on the ethical quagmire at the heart of this case.”