GA Attorneys File Motion To Remove DA From Rayshard Brooks Case

ATLANTA, GA — Attorneys for the Atlanta officer accused of shooting and killing Rayshard Brooks have filed a motion in court to have Fulton County District Attorney Paul Howard removed from the case.

“Paul Howard has systematically sought to deprive Garrett Rolfe of a fair trial and impartial jury since the day he announced his decision to arrest Garrett Rolfe. Because Paul Howard’s statements to the public were ethically inappropriate, because Paul Howard will be a necessary witness in this case, and because Paul Howard is currently under criminal investigation by the GBI for his actions in this case, we move to recuse Paul Howard and the Fulton County District Attorney’s Office from prosecuting the case against Garrett Rolfe,” according to the motion filed Monday, reported WSB.

Critics have been calling for Howard, a six-term prosecutor to recuse himself from the case.

Last month Howard charged Garrett Rolfe with 11 counts, including felony murder and aggravated assault, criminal damage to property and violations to his oath of office.

Brooks was shot and killed outside an Atlanta Wendy’s. Former Atlanta cops Garrett Rolfe and Devin Brosnan had responded to a Wendy's employee's call about a man (Brooks) who was asleep at the wheel in the drive-thru lane. Multiple video sources showed Brooks complying with a sobriety test, but the videos also showed him fighting back while being handcuffed, grabbing Brosnan's taser and running away.

Rolfe — who fired the shots that struck Brooks after the 27-year-old turned mid-stride while holding the Taser — could face the death penalty if convicted of felony murder.