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

[GoBuckeyes]

BBM.
Exactly! He knows that the evidence, once investigated by an independent and unbiased team like the GBI, will show it was a justified shooting. He knows that his case is a manipulation of HIS version of the events and not a honest representation of the facts IMO. He rushed to arrest and put on a show before anyone could stop him. I believe he knew no one would stop him, including the mayor. IMO

IMO the fact that in 2015 he was on a task force that agreed that officer involved shootings should be investigated by the GBI from that point forward and yet he jumped the gun before the GBI had a chance to finish their investigation is a huge red flag, especially given his statement about bypassing the grand jury.

Another red flag...Two weeks prior, D.A. Paul Howard is on video calling a stun gun a "lethal weapon", as he charged LE for pointing one during a traffic stop, and now he says Rolphe is guilty of murder...even though the suspect stole and fired one at officers.

 

[JerseyGirl]

It's very worrying to see, especially in a death penalty state. Has this DA sent anyone to death row? I'd be reviewing the evidence very closely if he has.

Link up thread said they will not seek the death penalty.

 

[GoBuckeyes]

Morning!

Imo, Howard dropped this in their lap to contend with purposefully because he already knows the results that will happen in 2 weeks that will affect his current position may not be in his favor.

It's like when someone is going to be fired, and before they leave they trash, and destroy everything they can leaving those left behind to clean up their mess.

Imo, he knew this is not a capital murder case, but he had nothing to lose by throwing 'gas' at the time to heighten the passions that he knew were already inflamed to a fevered pitch.

Imo, PH has always cared far more about his own self interest than seeking fair justice. This is a perfect example.

Since his unethical underhanded behavior in this case I can't even tolerate seeing him on ID anymore.

I wonder if he has complaints against him before this with the Ga. BA for prosecutorial misconduct? From the remarks he's made he doesnt even try to hide his biases yet he's to be fair to all defendants? I wonder if hes ever been accused of hiding exculpatory evidence before?

Just things I wonder about because I find it hard to believe he just started being this way starting with ORs case.

Jmho

Great points!

 

[GoBuckeyes]

It’s been that way since 1985. The Supreme Court ruled In Tennessee vs Garner that a police officer cannot shoot a fleeing felon unless the officer has probable case that the offender is likely to cause injury to the officer or the public. In the case of a serial killer there would never be a time when he was likely to kill a random citizen. If the police had the shooters gun there would be no likelihood that he could shoot again.

when I first came on there was a liquor store robbery and a two man car spotted the getaway car and the chase was on. The officer in the passenger seat fired through the windshield of the police car and eventually fired 15 shots I believe. He was hailed as a hero but today he couldn’t do that and there would be a good chance that courts would dismiss the case.

Today, he'd be the criminal and in prison, and the armed robber would be the hero. SMH

 

[Cappuccino]

Link up thread said they will not seek the death penalty.

I know, but my point was that this DA's actions are especially worrying in a death penalty state because he may have sent others to death row on dodgy grounds.

For those of us who watched the full videos of what happened in that Wendy's car park, his characterisation of it is so dishonest it's breathtaking. Mike Nifong springs to mind here.

 

[Rocky1]

BBM.
Exactly! He knows that the evidence, once investigated by an independent and unbiased team like the GBI, will show it was a justified shooting. He knows that his case is a manipulation of HIS version of the events and not a honest representation of the facts IMO. He rushed to arrest and put on a show before anyone could stop him. I believe he knew no one would stop him, including the mayor. IMO

IMO the fact that in 2015 he was on a task force that agreed that officer involved shootings should be investigated by the GBI from that point forward and yet he jumped the gun before the GBI had a chance to finish their investigation is a huge red flag, especially given his statement about bypassing the grand jury.

If not a justified shooting, a lessor charge than felony murder.
Not only would the mayor not stop him, but imo, she encouraged him.

 

[Cappuccino]

If not a justified shooting, a lessor charge than felony murder.
Not only would the mayor not stop him, but imo, she encouraged him.

I don't think he should be charged with anything. How was he supposed to know that Brooks hadn't taken his colleague's gun rather than his tazer? I think this shooting definitely falls into the category of justified.

MOO.

 

[Rocky1]

Morning!

Imo, Howard dropped this in their lap to contend with purposefully because he already knows the results that will happen in 2 weeks that will affect his current position may not be in his favor.

It's like when someone is going to be fired, and before they leave they trash, and destroy everything they can leaving those left behind to clean up their mess.

Imo, he knew this is not a capital murder case, but he had nothing to lose by throwing 'gas' at the time to heighten the passions that he knew were already inflamed to a fevered pitch.

Imo, PH has always cared far more about his own self interest than seeking fair justice. This is a perfect example.

Since his unethical underhanded behavior in this case I can't even tolerate seeing him on ID anymore.

I wonder if he has complaints against him before this with the Ga. BA for prosecutorial misconduct? From the remarks he's made he doesnt even try to hide his biases yet he's to be fair to all defendants? I wonder if hes ever been accused of hiding exculpatory evidence before?

Just things I wonder about because I find it hard to believe he just started being this way starting with ORs case.

Jmho

That's the trouble with holding a trial in the court of public opinion, the DA is not required to introduce exculpatory evidence.
That will however happen before trial, and is required under The Brady Doctrine. The DA will be required to turn any evidence that could show the defendant may be innocent over to the defense attorney.
In a grand jury hearing, the DA is not allowed to give half truths. A perfect example of a half truth would be what Howard stated in he press conference to sway the public's opinion.
" Mr Brook's demeanor was almost jovial. He never presented himself as a threat." That's all true, until he was going to be cuffed, and that all changed. Howard didn't mention that part. That's a half truth. Not stating Brooks demeanor changed is withholding exculpatory evidence because it was the change in demeanor that causes Rolfe to shoot because he may have thought his life was in danger.

Where I am from, (Massachusetts) there are many additional rules that many states do not have in regards to grand jury hearings, and lots of case law to back them. The grand jury doesn't play well when it comes to withholding exculpatory evidence, and there have been many dismissals because of it.

The link below will explain the rules we have here, and some of the case law if you are interested.
If you scroll down to "best practice #4," subsection E. You can read the rule on exculpatory evidence.
https://www.mass.gov/files/documents/2018/06/27/Supreme Judicial Court Committee on Grand Jury Proceedings Report to the Justices June 2018.pdf

 

[shotgun09]

Additionally I found out the company claims she created a hostile work environment by social media comments she made. The company just happened to find this out after she applied and was approved to go out on family leave. REALLY ? REALLY ?

.... and it seems that Mother Rolphe will soon have herself a fabulous defamation case pending. She will soon own this company, IMO

 

[Rocky1]

I don't think he should be charged with anything. How was he supposed to know that Brooks hadn't taken his colleague's gun rather than his tazer? I think this shooting definitely falls into the category of justified.

MOO.

And as some of us think this country is not the place to be living, the quote above is imo one of the reasons I thank God I was born here. Unlike many other countries, we have a judicial system that although is not perfect in any way, gives every one of us the opportunity to have our day in court where several will listen to all the evidence and come to a reasonable conclusion, and hopefully will answer Cappuccino's question.

 

[squareandrabbet]

It’s been that way since 1985. The Supreme Court ruled In Tennessee vs Garner that a police officer cannot shoot a fleeing felon unless the officer has probable case that the offender is likely to cause injury to the officer or the public. In the case of a serial killer there would never be a time when he was likely to kill a random citizen. If the police had the shooters gun there would be no likelihood that he could shoot again.

when I first came on there was a liquor store robbery and a two man car spotted the getaway car and the chase was on. The officer in the passenger seat fired through the windshield of the police car and eventually fired 15 shots I believe. He was hailed as a hero but today he couldn’t do that and there would be a good chance that courts would dismiss the case.

I should think so, considering we’re always told how ridiculous the movies are on this topic and how difficult it actually is to wing a moving target... I remember watching video of some state trooper (?) successfully doing it to some guy’s car tire and he, too, was lauded as a hero.

 

[Abp5]

This just keeps getting worse for this officer. The hearing for tomorrow is canceled because it overlaps with the funeral.

“Monday, Fulton County Superior Court Judge Constance C. Russell issued a ruling statingthe hearing was in conflict with the Victim’s Rights Act since the hearing, originally scheduled for 2 p.m. Tuesday, would be happening at the same time as Brooks’ funeral, scheduled for 1 p.m.”

Judge: Bond hearing for former Atlanta officer canceled, conflicts with Rayshard Brooks' funeral | FOX 5 Atlanta

 

[Abp5]

“The District Attorney has publicly stated he is opposed to any bond. So even though there is a strong case in favor of the granting of a bond, this is a question left to the discretion of one Superior Court Judge.”

WSB Legal Analyst: Previewing Garrett Rolfe’s bond hearing

 

[mister happy]

This just keeps getting worse for this officer. The hearing for tomorrow is canceled because it overlaps with the funeral.

“Monday, Fulton County Superior Court Judge Constance C. Russell issued a ruling statingthe hearing was in conflict with the Victim’s Rights Act since the hearing, originally scheduled for 2 p.m. Tuesday, would be happening at the same time as Brooks’ funeral, scheduled for 1 p.m.”

Judge: Bond hearing for former Atlanta officer canceled, conflicts with Rayshard Brooks' funeral | FOX 5 Atlanta

Was an autopsy done? I suspect Brooks had drugs in his system in addition to the alcohol.

 

[Rocky1]

This just keeps getting worse for this officer. The hearing for tomorrow is canceled because it overlaps with the funeral.

“Monday, Fulton County Superior Court Judge Constance C. Russell issued a ruling statingthe hearing was in conflict with the Victim’s Rights Act since the hearing, originally scheduled for 2 p.m. Tuesday, would be happening at the same time as Brooks’ funeral, scheduled for 1 p.m.”

Judge: Bond hearing for former Atlanta officer canceled, conflicts with Rayshard Brooks' funeral | FOX 5 Atlanta

I think that was the right call.
Brook's family are victims. They have the right to be at court procedures, and that would be hard to do if they are attending his funeral.
It's not uncommon for a bond hearing to take up to a week or so after arraignment, if the bond hearing and arraignment are done separately.

 

[Rocky1]

Was an autopsy done? I suspect Brooks had drugs in his system in addition to the alcohol.

Yes, there was an autopsy. It will take a while to get the results from the toxicology exam that will determine if there were drugs in his system. It will also give a more accurate reading that the test he was given of how much alcohol Brooks had to drink.

 

[Rocky1]

“The District Attorney has publicly stated he is opposed to any bond. So even though there is a strong case in favor of the granting of a bond, this is a question left to the discretion of one Superior Court Judge.”

WSB Legal Analyst: Previewing Garrett Rolfe’s bond hearing

And by law, the judge can not make bail excessive.
Felony murder is a serious charge. The judge will take into consideration Rolfe's flight risk, his past, and whether or not he may commit a crime while out on bail/bond.
He can deny bond, but he will have to explain why. There has to be a legit reason why the judge may feel Rolfe may not qualify while considering the categories above. He can't say "well I am denying bond because there could be riots."
There are rules the judge has to follow.
Unlike a trail where the burden of proof is on the state, when it comes to bail/bond, it's up to the defendant to prove why he should be allowed bail/bond and why the amount is justified.

 

[Abp5]

I think that was the right call.
Brook's family are victims. They have the right to be at court procedures, and that would be hard to do if they are attending his funeral.
It's not uncommon for a bond hearing to take up to a week or so after arraignment, if the bond hearing and arraignment are done separately.

I was just surprised that it was announced today, instead of last week. That makes sense though.

 

[Curiosity1234]

This just keeps getting worse for this officer. The hearing for tomorrow is canceled because it overlaps with the funeral.

“Monday, Fulton County Superior Court Judge Constance C. Russell issued a ruling statingthe hearing was in conflict with the Victim’s Rights Act since the hearing, originally scheduled for 2 p.m. Tuesday, would be happening at the same time as Brooks’ funeral, scheduled for 1 p.m.”

Judge: Bond hearing for former Atlanta officer canceled, conflicts with Rayshard Brooks' funeral | FOX 5 Atlanta

I was shocked to hear that the Rev. Bernice King MLK's daughter ? will be speaking at RB's service. What can she say besides he was one of God's children. Personally, I think the public viewing which is usually reserved for well-known and respected people is absurd.

 

[Abp5]

I can’t help but think that the press conference last week and DA Howard’s theatrics exasperated an already tense situation. IMO


Police warn armed people surround Wendy's, forcing white people out