Garrett Rolfe — the fired Atlanta PD officer charged with felony murder for the fatal shooting of Rayshard Brooks — might be released from jail Tuesday … TMZ’s live streaming his bond hearing.
Rolfe has been holed up at the Gwinnett County Jail in Georgia since his arrest, but will be appearing virtually at the Fulton County courthouse Tuesday to ask the judge to be let him out on bond. The hearing’s scheduled for 11 AM PT.
According to legal docs … Rolfe is asking to be granted a “reasonable bond” for a few reasons. First, he claims he’s a “longstanding, law-abiding” citizen, and says he poses no threat to the public or potential witnesses.
Next, Rolfe claims there is “significant evidence that proves he was legally justified in using deadly force in this case.” In the docs, Rolfe argues that Brooks committed multiple felonies “in resisting lawful arrest” — including firing the TASER at him — and Brooks’ actions justified Rolfe’s use of deadly force “if he reasonably believed that Mr. Brooks possessed a deadly weapon.”
He claims the Fulton County District Attorney Paul Howard “has declared that a TASER is a deadly weapon under Georgia law.”
Finally, Rolfe argues he should be granted bond so he has an opportunity to help his lawyers prepare for the case, adding the D.A. “made several important factual misstatements 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 the judge will grant some sort of bond … but at a steep price.
As we’ve reported … Brooks was shot by Rolfe on the evening of June 12 during a chase in a Wendy’s parking lot. Brooks had been speaking with Rolfe, along with officer Devin Brosnan, before Rolfe tried to arrest him and a struggle ensued.
Video of the incident shows Brooks had obtained one of the officers’ Tasers and was attempting to flee following a failed breathalyzer test, and that’s when Rolfe opened fire on him … shooting him twice in the back.
Fulton County D.A. Howard announced 11 charges against Rolfe, including felony murder and multiple acts of aggravated assault.
While announcing the charges, Howard said Rolfe kicked Brooks while he lay dying, and added he doesn’t believe Rolfe feared for his life … noting that Rayshard had been cordial and cooperative for more than 41 minutes before he was fatally shot.
Brosnan’s also been charged for his role in the incident — with aggravated assault and failure to render timely aid … something he and his lawyer have denied.