Police Accountability: The Garrett Rolfe Saga Continues

By Darius Spearman (africanelements)

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Another Incident: Officer Rolfe on Leave Again

Former Atlanta police officer Garrett Rolfe, the officer who fatally shot Rayshard Brooks in 2020, has once again found himself on paid administrative leave. This recent development follows an alleged assault at a bar in Atlanta’s Midtown neighborhood. Witnesses claim that Rolfe initiated a physical altercation with a bar worker, Raefeal Penrice, over drink prices at a place called Midtown X (atlantablackstar.com). This incident raises serious questions about accountability and conduct for officers, especially those with a history of controversial actions.

Despite witness accounts suggesting that Rolfe was the aggressor, only the bar worker, Penrice, was arrested when police arrived on the scene (atlantablackstar.com). Rolfe’s attorney stated that the off-duty officer was the victim in this situation. However, anonymous witnesses told WSB-TV that Rolfe’s friend accused the bartender of overcharging, leading to an argument. Penrice then escorted the two men outside, where bystanders reported that Rolfe attacked Penrice. The official outcome of the investigation into this bar incident, including any disciplinary actions against Rolfe, has not been publicly disclosed.

Understanding Paid Administrative Leave

The term “paid administrative leave” often sparks frustration within communities, particularly when it involves officers accused of serious misconduct. This is a temporary leave of absence from duty, during which an employee continues to receive their regular salary and benefits. In police disciplinary contexts, departments commonly use it when an officer is under investigation for an incident (abcnews.go.com).

This practice allows the department to conduct an inquiry without the officer actively performing duties. However, it can be controversial because officers continue to be paid even when accused of serious wrongdoing. For instance, Rolfe was reinstated to the force after his firing related to the Brooks shooting, but immediately placed on administrative leave (abcnews.go.com). The Civil Service Board’s decision to reinstate him meant he was back on the payroll, even though he remained on administrative leave pending further review (npr.org).

The Tragic Shooting of Rayshard Brooks

The recent bar incident brings back painful memories of the fatal shooting of Rayshard Brooks in June 2020. Officers were initially called because Brooks had fallen asleep in his car in a Wendy’s drive-thru lane (newsone.com). The articles do not provide further background on why Brooks was asleep in his car or any contributing factors to his presence there. After a sobriety test, officers attempted to handcuff Brooks, leading to a struggle. During this struggle, Brooks managed to grab one of the officers’ Tasers (newsone.com).

Brooks then fled the scene. During the chase, he turned and pointed the Taser at Rolfe, who then fired his gun, striking Brooks twice in the back (newsone.com). A Taser is a less-lethal weapon designed to incapacitate individuals by delivering an electric shock that temporarily disrupts muscle control. It typically fires two barbed probes connected by wires to the device, which then transmit electrical pulses to the target (cnn.com). Rolfe’s legal team argued that Brooks pointing the Taser made Rolfe believe he was in danger (washingtonpost.com). This tragic event ignited widespread protests and calls for police reform across the nation.

Legal Battles and Reinstatement

Following the shooting, Rolfe was initially charged with serious offenses, including felony murder, aggravated assault, violation of oath of office, and criminal damage to property (atlantablackstar.com). Felony murder is a legal doctrine where a person can be charged with murder if another person dies during the commission of a felony, even if the accused did not intend to kill. Aggravated assault typically involves an assault with the intent to commit another serious crime or with a deadly weapon. Violation of oath of office refers to a public official failing to uphold the duties and responsibilities sworn to upon taking office (cnn.com).

Despite these severe charges, Rolfe was later reinstated by the Atlanta Police Department. This reinstatement came after the Civil Service Board ruled that the department had not followed proper due process in his dismissal (newsone.com). Due process, in the context of public employment, refers to the legal requirement that the state must respect all legal rights owed to a person. This includes the right to notice of charges, an opportunity to be heard, and a fair hearing before an impartial body (npr.org). The Civil Service Board is an independent body that reviews disciplinary actions against city employees. The board’s decision was based on procedural grounds, not on whether Rolfe violated police department policies (npr.org). Ultimately, the murder charges against Rolfe were dropped, with the special prosecutor stating that Rolfe’s actions were “objectively reasonable” (cnn.com). The provided search results do not clarify if there are ongoing civil or federal lawsuits or other legal consequences related to the Rayshard Brooks shooting.

A History of Scrutiny and Prior Incidents

This is not the first time Garrett Rolfe has been placed on administrative leave or faced scrutiny for his actions as a police officer. In 2015, Rolfe was involved in another incident where officers fired shots at a suspect fleeing in a stolen truck, with the suspect being struck once in the back (cnn.com). The review of this 2015 shooting incident remains without a publicly announced resolution. Furthermore, Rolfe was reprimanded in 2016 for pointing his gun at a car (boston.com). He was also accused of harassing and citing a Black man in 2015 (boston.com).

Rolfe has also faced scrutiny for his conduct while out on bond following the Brooks shooting. In August 2020, the Fulton County District Attorney sought to revoke Rolfe’s bond after he allegedly violated a judge’s order by traveling to Florida without permission (atlantablackstar.com). Bond, in a legal context, is a financial guarantee or promise made by a defendant to the court that they will appear for all scheduled court dates. A judge often sets conditions for bond, such as restrictions on travel. A bond violation occurs when a defendant fails to adhere to any of these conditions, which can result in their bond being revoked and them being returned to jail (atlantablackstar.com). Brooks’ widow, Tomika Miller, expressed being “baffled” upon learning of Rolfe’s alleged bond violation (atlantablackstar.com).

Community Concerns and Unanswered Questions

The repeated incidents involving Garrett Rolfe continue to fuel community concerns about police accountability and justice. While Rayshard Brooks’ widow expressed her dismay over Rolfe’s bond violation, broader community or family perspectives on Rolfe’s recent bar incident and his reinstatement have not been widely publicized. However, a crowd of about 40 people gathered outside the Wendy’s when the charges against Rolfe were first announced, indicating significant public interest and reaction at that time (washingtonpost.com). The family attorney for Rayshard Brooks also expressed disappointment with Rolfe’s reinstatement, noting that the mayor and former police chief had previously announced his firing and promised justice (abcnews.go.com).

Many questions remain unanswered regarding Rolfe’s conduct and the institutional responses to it. Specific Atlanta Police Department policies regarding officer conduct, use of force, or disciplinary procedures are not detailed in the available information. While Rolfe’s reinstatement was due to the department not following city code in his dismissal, the specific internal policies are not outlined (npr.org). The provided information also does not explicitly address how racial dynamics may have influenced the incidents, investigations, or public reactions, even though Rayshard Brooks was a Black man and the events occurred during a period of heightened awareness of racial injustice and police brutality.

The Ongoing Fight for Justice and Transparency

The pattern of incidents involving Garrett Rolfe highlights the persistent challenges in achieving true police accountability. The community’s call for justice for Rayshard Brooks remains strong, with many expressing that Rolfe “should have never been cleared” for the shooting (atlantablackstar.com). The perception that law enforcement can act with impunity, as suggested by witnesses in the recent bar incident, deeply impacts trust between police and the communities they serve.

Ensuring transparency in investigations, consistent application of disciplinary procedures, and clear communication about outcomes are crucial steps toward rebuilding this trust. The ongoing saga of Garrett Rolfe serves as a stark reminder of the work that remains to be done in addressing police conduct and ensuring that justice is served for all members of the community.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.