ATLANTA - The attorneys for the former Atlanta police officer charged in the deadly shooting of Rayshard Brooks have filed a petition arguing he should be given back his job because Mayor Keisha Lance Bottoms did not follow the city's rules when she fired him.
In a statement, Garrett Rolfe's attorneys say that the City of Atlanta "willfully and blatantly failed to abide" by city ordinances designed to give employees due process, such as notice and the opportunity to be heard, before they can be fired.
Rolfe was fired by Bottoms on June 15, a few days after the shooting in which Brooks was killed. The officers were called over complaints of a car blocking the Wendy's drive-thru lane.
Rayshard Brooks, 27 (Photo: Family).
In their statement, Rolfe's attorneys compared Rolfe's firing with the case of Atlanta City Councilman Antonio Brown, who was indicted by a federal grand jury on July 29 on charges of wire fraud, mail fraud, bank fraud, and making false statements on a bank loan application.
Brown has not been removed from office. Rather, Atlanta City Council President Felicia A. Moore said that a vacancy of his District 3 seat would only happen "in the event of a resignation, conviction, or state-level suspension."
"Like Councilman Brown, Garrett Rolfe, who has not even been indicted, is presumed innocent," Rolfe's attorneys said. "Like all City of Atlanta Police Officers, Garrett Rolfe is entitled to due process, equal protection of the law, and the benefit of the city ordinances that protect every city employee."
The new petition came on the same day the Fulton County District Attorney’s Office asked a judge to revoke Rolfe's bond, arguing he went out of state on a vacation.
Fulton County District Attorney Paul Howard said Rolfe left for vacation on Aug. 2. As part of the motion filed to revoke his bond filed on Tuesday, the DA released records showing the company tracking Rolfe's ankle monitors showed him in Daytona Beach.
In a motion, Howard argued that Rolfe should only “leave home for medical, legal, or work-related obligations” as stipulated in the bond restrictions.
In a letter sent by Rolfe’s lawyers to the DA, which also included as evidence in the motion, they argued the judge’s orders do not specifically exclude out-of-state travel.
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