GA - Rayshard Brooks, 27, fatally shot by Police, Wendy’s lot, Atlanta, 12 Jun 2020 #2

[Curiosity1234]

I don't think they 'dropped' the charges. I think they gave him probation, and as long as he didn't get in any more trouble, he could do his 'time' from home.

And that is why he was so desperate to avoid arrest. He knew he would go to jail for awhile if that probation was violated.

Oh, I didn't mean all charges were dropped. I meant they dropped the charge of violation of probation only.

 

[tayaway]

...and climate change. My son does not want children, so I do the aunty thing with my friends' kids.

Dumb question, but is getting drunk a violation of probation? If so, why didn't RB simply stay at home or wherever to drink? Why would he risk a DUI?

 

[Curiosity1234]

I don't think they 'dropped' the charges. I think they gave him probation, and as long as he didn't get in any more trouble, he could do his 'time' from home.

And that is why he was so desperate to avoid arrest. He knew he would go to jail for awhile if that probation was violated.

Oh, I didn't mean all charges were dropped. I meant they dropped the charge of violation of probation only.

...and climate change. My son does not want children, so I do the aunty thing with my friends' kids.

Dumb question, but is getting drunk a violation of probation? If so, why didn't RB simply stay at home or wherever to drink? Why would he risk a DUI?

RB has a history of criminal behavior and like all criminals, they think they can get away with breaking the law which on this night began with drunk driving and escalated from there.

 

[tresir2012]

Plus, per RANCH's link: (5) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room.

So, both Rolfe and his attorney can be present.

Does his attorney present his case for him? I am really not familiar with GJ's at all.

What happened at his arraignment hearing yesterday? Was Bond discussed?

Ah yes I see from JG post.

Fulton County Magistrate Court Judge Jeffrey Frazier said the seriousness of charges against Rolfe prevented him from setting bail on Friday. Court records showed that a bond hearing for Rolfe has been scheduled for Tuesday at 2 p.m. ET.

 

[Abp5]

...and climate change. My son does not want children, so I do the aunty thing with my friends' kids.

Dumb question, but is getting drunk a violation of probation? If so, why didn't RB simply stay at home or wherever to drink? Why would he risk a DUI?

I believe he violated his parole multiple times. A fugitive warrant was issued because he left GA without notifying anyone (among other things). That warrant was dismissed when GA picked him up and brought him back to GA in Jan. Since he apparently went to Ohio again (the night he was shot it was mentioned he was staying in a hotel with his girlfriend because he was visiting from Ohio), my guess was he knew that it was another violation (in addition to the DUI). I don’t think he expected to get caught so driving while intoxicated wasn’t a concern for him since he was just getting food. IMO

 

[Dawookie]

Domestic violence/ family is another charge. His criminal past shows he was a violent man and I could see that on the video the night he was shot.

And from what I've read he was released early because of all the Covid stuff as well

...and climate change. My son does not want children, so I do the aunty thing with my friends' kids.

Dumb question, but is getting drunk a violation of probation? If so, why didn't RB simply stay at home or wherever to drink? Why would he risk a DUI?

Most likely it would be. The arrest would certainly be a violation and why he acted the way he did

 

[tresir2012]

From JG link on grand juries.

2. After a person is arrested, the case is immediately -- within a week, unless time is waived -- presented to a grand jury.

3. After a person is arrested, he or she is not held in jail because the district attorney is investigating and unsure whether the case will be presented to a grand jury, or reduced to a misdemeanor, and a plea offer may be made thereby waiving a grand jury, or the case will be dismissed.

So based on 2 and 3 above if this is going to a GJ why is the accused still in jail?

 

[tresir2012]

I believe he violated his parole multiple times. A fugitive warrant was issued because he left GA without notifying anyone (among other things). That warrant was dismissed when GA picked him up and brought him back to GA in Jan. Since he apparently went to Ohio again (the night he was shot it was mentioned he was staying in a hotel with his girlfriend because he was visiting from Ohio), my guess was he knew that it was another violation (in addition to the DUI). I don’t think he expected to get caught so driving while intoxicated wasn’t a concern for him since he was just getting food. IMO

I thought he was just dropped of at his car by his GF and then just got in the Wendy's Drive thru queue then fell asleep so what driving did he actually do?

 

[Curiosity1234]

I believe he violated his parole multiple times. A fugitive warrant was issued because he left GA without notifying anyone (among other things). That warrant was dismissed when GA picked him up and brought him back to GA in Jan. Since he apparently went to Ohio again (the night he was shot it was mentioned he was staying in a hotel with his girlfriend because he was visiting from Ohio), my guess was he knew that it was another violation (in addition to the DUI). I don’t think he expected to get caught so driving while intoxicated wasn’t a concern for him since he was just getting food. IMO

Good point Abp5, about him violating his probation by coming back to GA. I believe he has to notify his probation officer in Ohio that he intends to travel to GA even just for a visit; it has to be approved. IMO, he didn't do that.

 

[tresir2012]

Atlanta police call outs 'higher than usual' after charges filed in death of Rayshard Brooks

"The APD reported an "unusually high number of call-outs" following the charges against former officer Garret Rolfe and Officer Devin Brosnan connected to the deadly shooting of Brooks last Friday night.



Saturday, FOX 5 obtained a roll call sheet from a trusted source showing a total of 18 sick-out calls.

Some of the "no shows" were actually officers from other zones who were called in to help.

An Atlanta Police Department roll call sheet provided by a source to FOX 5.


FULL COVERAGE ON THE DEATH OF RAYSHARD BROOKS

Friday night, sources told FOX 5 homicide detectives were having to respond to all routine 911 calls because the officers who normally responded to the calls failed to show up.


Speaking to FOX 5's Portia Bruner, retired DeKalb County Police Major K.D. Johnson said he's been hearing from officers nonstop since Fulton County District Attorney Paul Howard announced charges against Rolfe and Brosnan.

"The police officers are like you are damned if you do, damned if you don't. I have heard that there have been some call outs and some refusing to respond to calls," said Johnson, who worked for DeKalb County for 25 years.

MORE: Officer morale drops, sick calls increase following charges in Rayshard Brooks shooting

Fulton County District Attorney Paul L. Howard Jr. announces 11 charges against former Atlanta Police Officer Garrett Rolfe. (Joe Raedle/Getty Images)

While APD has not confirmed the roll call sheet, a spokesperson on Friday did say they've had a higher than usual number of sick calls, but said on Twitter that the department has "enough resources to maintain operations & remain able to respond to incidents." "


Continued at link.

 

[Abp5]

I thought he was just dropped of at his car by his GF and then just got in the Wendy's Drive thru queue then fell asleep so what driving did he actually do?

I believe on the video...he told Officer Bronson that he was in a rental car because he was visiting from Ohio. At first he said she dropped him off then they questioned how he got in the drive through lane. He said something about her being a sleep and him wanting food. He was getting it and was going to meet her back at the hotel. Even if she actually drove him there, he intended to drive back to the hotel. He also said he had been visiting his mother’s grave before that.

 

[Rocky1]

Morning Rocky, and all!

Thank you.

So when they finally do convene to hear his case what if the grand jurors does not agree with Howard that it's a felony murder case?

What if they feel all of the aggravating charges hes lobbed against him were lawful at the time due to the suspect being aggressive in the middle of assaulting both officers? Imo, the GJ will consider the evidence presented in totality of what all transpired at the time, and not just the shooting, imo.

I know they only have to agree on one of the aggravating factors for it to be a capital case.

But what happens if the grand jurors believes the more correct charge is a lower degree of culpability such as 2nd degree, voluntarily manslaughter or involuntary manslaughter?

Imo, I agree with you, and believe this is a weak case, and way overcharged.

PH may be passing the buck knowing if the GJ doesnt agree it warrants the charges he's filed he can then say he tried to get the top charge, and it's the fault of the GJ...not his. I also know he can go to another GJ if more evidence is uncovered.

People often say a GJ will indict a ham sandwich as if it's just a rubber stamp to indict. I cant speak for all GJs of course, but we didnt automatically do anything. We carefully listened to all evidence even having many questions of our own to the witnesses. We all knew our duties were very important with our decisions to true bill any case or either no bill them. We were all mindful of the seriousness of our decisions, and how heavy it was to make the right decision. In fact we no billed 4 cases presented.

This case, and how it's been handle is far different than most Georgia cases I've followed for decades now.

Jmho

If the evidence does not support the charges, then the grand jury must return a "no bill." They can not indict on a lessor charge. However..
The D.A. can then indict again on the lessor charge, or if he has more evidence, the same charge.
Unlike a trial, evidence may be hearsay.

Although it doesn't happen very often, if the grand jury feels the prosecutor isn't playing fair, the grand jury will ignore his/her instructions and do their own investigation.
That's called a "runaway"

 

[Rocky1]

This is about an unprofessional DA, not the case itself. There has to be a productive approach citizens can take.

DA's are elected, not appointed.
Voting is a productive approach, imo.

 

[tresir2012]

Charges in Rayshard Brooks Killing; Policing Debate Intensifies; Coronavirus Persists | 90.1 FM WABE

 

[Abp5]

Good point Abp5, about him violating his probation by coming back to GA. I believe he has to notify his probation officer in Ohio that he intends to travel to GA even just for a visit; it has to be approved. IMO, he didn't do that.

Rayshard Brooks Had Criminal Past, Was Waiting for Probation

Exactly! He wasn’t supposed to leave GA. The parole violation was because he left GA and went to Ohio without notifying authorities. When GA authorities picked him up from Ohio and brought him back to Ga, the fugitive warrant was dismissed. Since Brooks admitted, the night he was shot, that he was just visiting from Ohio, he violated his parole again. He would have left GA sometime between 1/2020 - 6/2020 to go back to Ohio. He returned to GA shortly before 6/12/2020.

Online Dockets Case Search

Here is a link to the Fugitive Warrant Info.

Online Dockets Case Search

Clerk of Courts Docket

 

[Rocky1]

Should Garret Rolfe testify before the Grand Jury?

Would it be a wasted effort since most Grand Jury's will indict a ham sandwich?

IMO, that should be up to Rolfe's attorney, however, I think he should.
When a prosecutor is claiming that two cops are kicking and standing on someone that's incapacitated, a reasonable person (juror) wouldn't take that lightly. If the evidence does not show that, I think it would be important to let the jury know.
The same goes with not rendering first aid.
Once the prosecutor is caught in a lie, the rest of what's said is impeached and unreliable. Again, evidence does not have to be on a video to be used in a grand jury hearing. The jury from that point could from that point may be thinking the cliche "pics or it didn't happen." imo. Witness testimony is not always reliable.

 

[Rocky1]

...and climate change. My son does not want children, so I do the aunty thing with my friends' kids.

Dumb question, but is getting drunk a violation of probation? If so, why didn't RB simply stay at home or wherever to drink? Why would he risk a DUI?

That all depends on the terms set by the court, but in most cases, yes.
In my state those on probation are required to call in every day, if the terms are set in which you are required to refrain from, alcohol or illegal drug use. They use a color code system. Randomly they will use different colors and each day they will tell you what the color of the day is. So for example, if your issued color is red, and when you call, they call your color, you are required to show for a drug/alcohol test. They may use the same color in a row for a few days.

Why didn't Brooks simply stay home? I can't be certain, but, from what I know so far, imo, he was a hard learner.

 

[Rocco]

I actually think in this case it may be beneficial for the main defendant to testify on his own behalf. That way he can layout, second by second, what transpired, and what was in his mind during the time of all of the chaos, and uncertainty that began after the suspect knew he was going to be arrested.

I think the first 40 minutes of interaction between the officers, and the suspect will show the grand jury there was no intent to do harm whatsoever to the suspect.





Jmho

SBM

You're confusing me here, OBE.

I thought the defendant will only be allowed to answer questions that the prosecution asks in the GJ hearing.

Are you saying he will be given the opportunity to lay out his version of what happened, second by second?

 

[Curiosity1234]

That all depends on the terms set by the court, but in most cases, yes.
In my state those on probation are required to call in every day, if the terms are set in which you are required to refrain from, alcohol or illegal drug use. They use a color code system. Randomly they will use different colors and each day they will tell you what the color of the day is. So for example, if your issued color is red, and when you call, they call your color, you are required to show for a drug/alcohol test. They may use the same color in a row for a few days.

Why didn't Brooks simply stay home? I can't be certain, but, from what I know so far, imo, he was a hard learner.

It is my opinion that RB was a career criminal. Charges of false imprisonment, domestic violence/ family and physical abuse of a child are not misdemeanors. The video of what happened at Wendy's shows more of how violent he can become when things don't go his way.

 

[Laughing]

I'm confused.

Was Mr. Brooks on probation -- meaning living in the community with limits, generally after a misdemeanor conviction;

or on parole, meaning early physical release from a state Department of Corrections generally after serving some time in prison after a felony conviction?

I thought his record indicated parole, indicating that he would be returned to state prison if found in violation of his parole.

DUI is likely a violation of either status, of course.

YMMV LRR JMHO