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

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shotgun09 said:
As per the article posted above:

"Howard said because of COVID-19 shutting down the court system, it will be months before a grand jury convenes on the Brooks case.

Georgia U.S. Rep. Doug Collins has called on state Attorney General Chris Carr to appoint a special prosecutor in the case.

The attorney general cannot do that on his own. Georgia law requires district attorneys to disqualify themselves or for judge to disqualify them before another prosecutor can be appointed.

Defendants have petitioned the courts in disqualification matters, and they stand as their own cases."

It appears to me, that there is not one person available,
(with cajones) who will stand up to this DA. So, the officer sits in jail, awaiting for an unknown amt of time, on totally juiced up charges.
Click to expand...

There has to be a judge out there to disqualify him. As with other issues, can't people call and put pressure on their local reps to do so?
 
Dawookie said:
And from what I've read he was released early because of all the Covid stuff as well
Click to expand...
On January 6, 2020 Georgia police picked him up in Ohio for probation violation for failure to notify his probation officer he moved out of state. It's my opinion that when he went to court in GA, they decided to drop the charges, wash their hands of him and he would go back to Ohio. Little did they know he'd be back again.
 
shotgun09 said:
IMO, as obvious in this case:

Our laws are being taken over by our emotions and feelings, which are never black and white, and can never be defined exactly.

Case in point, Mr Brooks clearly broke the law. ( Multiple times) DUI, resisting arrest, firing a stolen weapon at the police etc.

Police acted to obtain law and order, by arresting Mr Brooks.

During the arrest, Mr Brooks felt afraid, (due to whatever perceived feeling) and ran away, resisted arrest, stole a weapon from the law, and fired a weapon at the law.

The police, while operating fully under the law, shoot and disarm and kill Mr Brooks.

Due to the feelings of many, Mr Brooks is lauded as a hero,
the Police are the criminals, and a media circus ensues. The police are arrested, with little due process afforded to them by our laws.

We are living in an upside down world
Click to expand...

I couldnt agree with you more!

I'm old. I have lived a long time, and have seen a lot of bad things happen in our country at different times.

However, I have never seen anything like this where it seems we have spiraled down into pure madness.

I never thought I would see the days when lawful acts or even acts of extreme kindness would be called wrong or vilified, and criminal acts or extremely bad behavior would be proclaimed as good acts, and are fully supported or completely excused for very bad behavior. Into days climate often the violent criminals are the ones supported, and law abiding citizens are not.

I no longer can say that day would never come for I have seen it play out for over 7 long agonizing years worsening as each year passes.

Before then I never realized just how many are so cruel, and mean spirited. Those who seem to get up every day seeking only negativity, and nurse it until the day ends only to continue to manifest it day after day never having any positive thoughts or anything positive to say. How miserable it must be because even in the most trying of times we still have many positive blessings in our life to be thankful for, imo.

For now at least, we are the freest country in the world, unless the lawless wins of course. Then no matter where we live it will look like a war zone like the multiple cities we have witnessed being destroyed and ruled by the lawless.

It's hard to even think about that becoming our new reality, but, imo, that's where we are headed if this violence doesnt stop.

Who is going to stop them when many of their local, and state leaders have told LE to standby, and do nothing or even scarier if they want LE to surrender their precinct in more, and more cities.

Imo, we are in the worst moral decay we've ever experienced where everything is upside down.

I have cried as much about this as I have when the terrorists attacked us on 911.

I love my country, and ALL of it's many peace loving people in it. I pray for peace, and safety to return, but I don't see it happening anytime soon. Maybe not even in my lifetime before we pride ourselves again on being a country of law, and order.

I know this... if law, and order is not restored our country will implode from all of the toxic blind hate spilling out on our streets with more, and more blood being spilled of innocent citizens. And with more having their businesses, and livelihoods destroyed who havent done anything wrong except be in the war zone areas where the lawless may rule, and takeover more areas.

If this madness continues our country will not survive. Maybe that is what some are wanting anyway. :( it sure seems like it at times.

Jmho
 
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Ex-officer charged in Rayshard Brooks' fatal shooting will spend weekend in jail

Fired Atlanta police officer, Garrett Rolfe, who faces a slew of charges, will spend the weekend behind bars, a judge ruled on Friday.

Fulton County Magistrate Court Judge Jeffrey Frazier said the seriousness of charges against Rolfe prevented him from setting bail on Friday.

Court records showed that a bond hearing for Rolfe has been scheduled for Tuesday at 2 p.m. ET.

He's being held in neighboring Gwinnett County.
 
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escape2sc said:
Why can’t a Grand Jury be held in a large auditorium to maintain social distancing ? In Georgia, you can dine in and go shopping why can’t they make the necessary accommodations to hold a Grand Jury ?
Click to expand...
I guess they could, The the Grand Jury is held in secrecy. Nobody is allowed to be in the room while deliberating, so I don't see them yelling in a large auditorium, or using a microphone, but there may be a way to make that happen.
 
They BETTER keep Officer Rolfe safe!!
Looks to me like the DA has really screwed this one up.
No Grand Jury for 6 months?
Here’s hoping the officer and his family stay safe for now,
and someone has the common sense to step in and fix this mess.
 
GoBuckeyes said:
How could he not feel his life, his partner's, and others' lives were in danger? Two grown men had just been tossed around, assaulted, a weapon taken from one of them, criminal shoots the taser at officers, and he's running toward homes.
Click to expand...
The prosecution will try to prove he had no reason to feel anyone was in danger.
 
Rocky1 said:
I guess they could, The the Grand Jury is held in secrecy. Nobody is allowed to be in the room while deliberating, so I don't see them yelling in a large auditorium, or using a microphone, but there may be a way to make that happen.
Click to expand...

I still do not understand why the DA didn't wait for a GJ indictment no matter the delay. Or at least wait for the completed GBI investigation.

Remember what happened in Ferguson when most everyone prematurely judged the case yet when the DOJ completed their thorough investigation, and found Officer Wilson's shooting of Mike Brown was ruled a justifiable homicide.

I was under the impression in all capital cases in Georgia a GJ is the one to indict on the top charge, and not the DA.

I know that is the way our county prosecutor in Georgia handles all cases of first degree or felony murder.

I have been a grand juror a few years back, and my hubby was just on a grand jury in the same county this past year.

Jmho
 
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oceanblueeyes said:
I couldnt agree with you more!

I'm old. I have lived a long time, and have seen a lot of bad things happen in our country at different times.

However, I have never seen anything like this where it seems we have spiraled down into pure madness.

I never thought I would see the days when lawful acts or even acts of extreme kindness would be called wrong or vilified, and criminal acts or extremely bad behavior would be proclaimed as good acts, and are supported or completely excusing very bad behavior. Into days climate often the violent criminals are the ones supported, and law abiding citizens are not.

I no longer can say that day would never come for I have seen it play out for over 7 long agonizing years worsening as each year passes.

Before then I never realized just how many are so cruel, and mean spirited. Those who seem to get up every day seeking only negativity, and nurse it until the day ends only to continue to manifest it day after day never having any positive thoughts or anything positive to say. How miserable it must be because even in the most trying of times we still have many positive blessings in our life to be thankful for, imo.

For now at least, we are the freest country in the world, unless the lawless wins of course. Then no matter where we live it will look like a war zone like the multiple cities we have witnessed being destroyed and ruled by the lawless.

It's hard to even think about that becoming our new reality, but, imo, that's where we are headed if this violence doesnt stop.

Who is going to stop them when many of their local, and state leaders have told LE to standby, and do nothing or even scarier if they want LE to surrender their precinct in more, and more cities.

Imo, we are in the worst moral decay we've ever experienced where everything is upside down.

I have cried as much about this as I have when the terrorists attacked us on 911.

I love my country, and ALL of it's many peace loving people in it. I pray for peace, and safety to return, but I don't see it happening anytime soon. Maybe not even in my lifetime before we pride ourselves again on being a country of law, and order.

I know this... if law, and order is not restored our country will implode from all of the toxic blind hate spilling out on our streets with more, and more blood being spilled of innocent citizens. And with more having their businesses, and livelihoods destroyed who havent done anything wrong except be in the war zone areas where the lawless may rule, and takeover more areas.

If this madness continues our country will not survive. Maybe that is what some are wanting anyway. :( it sure seems like it at times.

Jmho
Click to expand...
I agree oceanblueeyes, its frightening to look back on the last 5 decades and see how much things have changed and how violence has grown I can't imagine ever wanting to harm another human being just because of anger. Where does all this violence come from and when was it ever okay ? The current state of this country with the protests is dividing this country even more; I believe people have a right to protest peacefully but then others show up and begin looting, starting fires, ruining businesses that provide jobs for people and antagonizing the police. People will get sick of it and want the protests to stop. Where is it all going to end ?
 
oceanblueeyes said:
I couldnt agree with you more!

I'm old. I have lived a long time, and have seen a lot of bad things happen in our country at different times.

However, I have never seen anything like this where it seems we have spiraled down into pure madness.

I never thought I would see the days when lawful acts or even acts of extreme kindness would be called wrong or vilified, and criminal acts or extremely bad behavior would be proclaimed as good acts, and are fully supported or completely excused for very bad behavior. Into days climate often the violent criminals are the ones supported, and law abiding citizens are not.

I no longer can say that day would never come for I have seen it play out for over 7 long agonizing years worsening as each year passes.

Before then I never realized just how many are so cruel, and mean spirited. Those who seem to get up every day seeking only negativity, and nurse it until the day ends only to continue to manifest it day after day never having any positive thoughts or anything positive to say. How miserable it must be because even in the most trying of times we still have many positive blessings in our life to be thankful for, imo.

For now at least, we are the freest country in the world, unless the lawless wins of course. Then no matter where we live it will look like a war zone like the multiple cities we have witnessed being destroyed and ruled by the lawless.

It's hard to even think about that becoming our new reality, but, imo, that's where we are headed if this violence doesnt stop.

Who is going to stop them when many of their local, and state leaders have told LE to standby, and do nothing or even scarier if they want LE to surrender their precinct in more, and more cities.

Imo, we are in the worst moral decay we've ever experienced where everything is upside down.

I have cried as much about this as I have when the terrorists attacked us on 911.

I love my country, and ALL of it's many peace loving people in it. I pray for peace, and safety to return, but I don't see it happening anytime soon. Maybe not even in my lifetime before we pride ourselves again on being a country of law, and order.

I know this... if law, and order is not restored our country will implode from all of the toxic blind hate spilling out on our streets with more, and more blood being spilled of innocent citizens. And with more having their businesses, and livelihoods destroyed who havent done anything wrong except be in the war zone areas where the lawless may rule, and takeover more areas.

If this madness continues our country will not survive. Maybe that is what some are wanting anyway. :( it sure seems like it at times.

Jmho
Click to expand...

Post of the year!!!
 
SugarQueen said:
As far as I know the defendant can also speak at the grand jury.
Click to expand...

Grand juries are conducted without defense lawyers, and usually without the defendants.

“It’s fairly rare for defendants to testify in front of a grand jury,” says Russell Gabriel, the director of the criminal defense clinic at the University of Georgia School of Law.

But there’s a big exception in Georgia – one that’s relevant if you’re looking at the Ferguson grand jury, where police officer Darren Wilson testified. “If a police officer is the defendant under Georgia law, they have the right to give a sworn statement to the jury,” Gabriel says.

In Georgia, if a grand jury decides not to indict, the prosecutor can’t go around its decision, but can can try again with a new grand jury.

How A Grand Jury Works In Georgia | 90.1 FM WABE
 
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JerseyGirl said:
Grand juries are conducted without defense lawyers, and usually without the defendants.

“It’s fairly rare for defendants to testify in front of a grand jury,” says Russell Gabriel, the director of the criminal defense clinic at the University of Georgia School of Law.

But there’s a big exception in Georgia – one that’s relevant if you’re looking at the Ferguson grand jury, where police officer Darren Wilson testified. “If a police officer is the defendant under Georgia law, they have the right to give a sworn statement to the jury,” Gabriel says.

In Georgia, if a grand jury decides not to indict, the prosecutor can’t go around its decision, but can can try again with a new grand jury.

How A Grand Jury Works In Georgia | 90.1 FM WABE
Click to expand...
Excellent info. Thanks!!
 
SugarQueen said:
They BETTER keep Officer Rolfe safe!!
Looks to me like the DA has really screwed this one up.
No Grand Jury for 6 months?
Here’s hoping the officer and his family stay safe for now,
and someone has the common sense to step in and fix this mess.
Click to expand...

2010 Georgia Code :: TITLE 17 - CRIMINAL PROCEDURE :: CHAPTER 7 - PRETRIAL PROCEEDINGS :: ARTICLE 3 - INDICTMENTS :: § 17-7-50 - Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period

Grand jury in Georgia is not expected to start back up until October because of COVID. That’s not the fault of the DA.

In addition the law states:

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the extended period of confinement where such an extension is granted by the court, the accused shall have bail set upon application to the court.
 
oceanblueeyes said:
I still do not understand why the DA didn't wait for a GJ indictment no matter the delay. Or at least wait for the completed GBI investigation.

Remember what happened in Ferguson when most everyone prematurly judge the case then the DOJ completed their thorough investigation, and found Officer Wilson shooting Mike Brown was ruled a justifiable shooting.

I was under the impression in all capital cases in Georgia a GJ is the one to indict on the top charge, and not the DA.

I know that is the way our county prosecutor in Georgia handles all cases of first degree or felony murder.

I have been a grand juror a few years back, and my hubby was just on a grand jury in the same county this past year.

Jmho
Click to expand...
IMO, the only reason a DA wouldn't wait is because he feels he has enough evidence to obtain a conviction. It's not only the job of a prosecutor to convict, it's his/her responsibility to protect the innocent and to dismiss charges when it's appropriate. There are standards a prosecutor is held to uphold.
In this case, IMO, the evidence is weak, so I'd have to say the only reason he didn't wait is because the city would have burned if he didn't. The other reason I won't say because we are not allowed to discuss politics in regards to this case.

As far as indictment goes, the state can indict, and the grand jury can indict as well.
The word "indict" is another term for charging someone, or accusing.
The grand jury has the final say before trial. If they feel there's enough evidence to "indict" they will return a "true bill" and then the defendant is "indicted" by the grand jury. The case then goes to trial.
If the jury feels there isn't enough evidence to support the charges, then they will return a "no bill" and the case will be dismissed.

Any felony murder indictment is required to be heard by a grand jury in GA. before trial.
Only about half the states in the US use a grand jury, and Ga. is one of those states.
 
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