Georgia's attorney general on Tuesday denied a request from a newly elected district attorney to reassign the prosecution of two high-profile cases in which Atlanta police officers were accused of using excessive force, including the shooting death of Rayshard Brooks.
In a letter to Attorney General Chris Carr last month, Fulton County District Attorney Fani Willis raised concerns that actions by her predecessor, Paul Howard, called into question the appropriateness of having her office continuing to handle the cases.
Carr rejected that argument, saying the concerns Willis raised have to do with Howard's potential violation of a state bar rule and a potential criminal investigation into Howard's actions.
This undated photo provided by the Atlanta Police Department shows Officer Garrett Rolfe. Rolfe, who fatally shot Rayshard Brooks in the back after the fleeing man pointed a stun gun in his direction, was charged with felony murder and 10 other charges, announced Wednesday, June 17, 2020. Rolfe was fired after the shooting. (Atlanta Police Department via AP)
“Both appear fairly obviously to be matters that are personal to your predecessor in office and that do not pertain to you or your office,” Carr wrote. “Therefore, from the concerns raised in your letter, it appears abundantly clear that your office is not disqualified from these cases by interest or relationship.”
None of the officers in either case have been indicted, though they were arrested last summer. Carr wrote that the responsibility for both cases remains with Willis and her office.
A spokesman for Willis did not immediately respond to a text message seeking comment.
Taniyah Pilgrim holds Messiah Young's bandaged hand as he speaks during a news conference on the campus of Morehouse College Monday, June 1, 2020, in Atlanta. Two Atlanta police officers have been fired and three others placed on desk duty over excessive use of force during a protest arrest incident involving the two college students, Atlanta's mayor said. (AP PhotoJohn Bazemore)
The charges against officers in both cases were announced last summer as Howard was fighting to keep his job amid a Democratic primary challenge from Willis. Howard’s conduct, “including using video evidence in campaign television advertisements,” may have violated Georgia Bar rules, Willis wrote in her letter to Carr.
She also noted that Carr had asked the Georgia Bureau of Investigation to investigate whether Howard improperly issued grand jury subpoenas in the Brooks case.
Howard has previously denied any political motivation or wrongdoing.
In this Saturday, May 30, 2020, photo taken from police body camera video released by the Atlanta Police Department, an officer points his handgun at Messiah Young while the college student is seated in his vehicle, in Atlanta. The following day, Atlanta's mayor two police officers were fired and three others placed on desk duty over excessive use of force during the arrest of Young and fellow college student Taniyah Pilgrim, seated in the passenger side of the car. (Atlanta Police Department via AP)
Police responded June 12 after receiving complaints that Brooks had fallen asleep in his car in a Wendy’s drive-thru lane. Police body camera video shows Officer Garrett Rolfe and another officer having a calm and respectful conversation with Brooks for more than 40 minutes. When the officers told Brooks he’d had too much to drink to be driving and tried to handcuff him, he resisted in a struggle caught on dash camera video. Brooks grabbed a Taser from one of the officers and fired it at Rolfe as he ran away. Rolfe fired his gun and an autopsy found Brooks was shot twice in the back. Both officers’ lawyers have said their actions were justified and both were released on bond.
Howard announced charges, including felony murder against Garrett Rolfe, less than a week after Brooks’ death.
In the other case, Messiah Young and Taniyah Pilgrim were in a car stuck in downtown traffic on May 30 during protests sparked by the killing of George Floyd in Minnesota when they were confronted by police officers. Police body camera footage shows officers shouting at the couple, firing Tasers at them and dragging them from the car. Throughout the confrontation, the pair can be heard screaming and asking what they did wrong.
In this Saturday, May 30, 2020, photo taken from police body camera video released by the Atlanta Police Department, an officer points his handgun at Messiah Young while the college student is seated in his vehicle, in Atlanta. The following day, Atlanta's mayor two police officers were fired and three others placed on desk duty over excessive use of force during the arrest of Young and fellow college student Taniyah Pilgrim, seated in the passenger side of the car. (Atlanta Police Department via AP)
Howard announced charges against six officers within days.