ATLANTA — Less than a week after Atlanta Police Officer Garrett Rolfe shot and killed Rayshard Brooks, then Fulton County District Attorney Paul Howard held a press conference.
"We have been working on this around the clock," Howard said during the press conference in June of 2020.
Rolfe on body camera video appeared to be attempting to arrest Brooks for DUI during the incident days earlier.
Howard announced he would be charging Rolfe with murder and detailed the case his office was building against the officer. He announced the murder charge before the Georiga of Bureau of Investigations completed its independent investigation of the shooting.
During the press conference, Howard said his staff had reviewed cell phone, surveillance and body camera videos of the incident, interviewed witnesses and other victims and examined physical evidence.
Now Rolfe's attorneys in a new court filing argue a copy of the GBI investigation they have received contradicts several of Howard's key claims from his press conference. Rolfe's defense team believes some of the claims led to the bond conditions he is currently under order to follow.
"We received a preliminary medical autopsy," Howard said during the press conference. "Mr. Brooks was only slightly impaired. His demeanor during this incident was almost jovial."
11Alive in June of 2020 received a copy of the autopsy report for Brooks. It didn't include a toxicology report but noted blood samples had been submitted to the GBI for analysis.
Citing the GBI's now completed investigation, Rolfe's attorneys in their court filing wrote, "GBI crime lab toxicology reports indicate that Rayshard Brooks was under the influence of alcohol and drugs. Specifically, his blood alcohol concentration was .102, and drug tests indicate that his blood contained eutylone or an isomer of eutylone, cocaine, cocaethylene, benzoylecgonine, and midazolam."
Howard also claimed Rolfe violated APD policy by failing to render timely medical aid to Brooks after he was shot.
"But after Mr. Brooks was shot, for some period of 2 minutes and 12 seconds there was no medical attention applied to Mr. Brooks," Howard said.
Again pointing the GBI report, Rolfe's attorneys wrote, "However, no eyewitness interviewed by the GBI supports this claim. In fact, the GBI investigative report indicates that several eyewitnesses stated that Officer Rolfe rendered medical aid to Mr. Brooks."
But Rolfe's attorneys don't specifically state how much time passed between the shooting and aid being rendered and if it was considered "timely."
"During the 2 minutes and 12 seconds, that Office Rolfe actually kicked Mr. Brooks while he lay on the ground," Howard also said during the press conference.
That alleged kick led to an additional charge of aggravated assault, but Rolfe's defense team in its filing writes, "on a review of the videos, the GBI concluded that it appeared Officer Rolfe "was stepping over" Rayshard Brooks, not kicking him."
Currently out of jail on bond, Rolfe is under order to follow a 6 p.m. to 6 a.m. curfew, cannot possess a firearm, may not have contact with any APD officers, must wear an ankle monitor, and cannot leave Georgia. Now his attorneys are requesting a Fulton County judge ease those conditions.
11Alive requested interviews with Fulton County District Attorney Fani Willis and Rolfe's attorney Noah Pines, but both requests were denied. 11Alive also contacted the attorneys for the family of Rayshard Brooks, but so far hasn't received a response.
The GBI report Rolfe's attorneys use in their court filing isn't a public record and 11Alive has been unable to receive a copy and independently review the document.