Thread by @DrRJKavanagh

Overlooked in the news that Garrett Rolfe is reinstated, is that the criminal case against him remains in limbo.

A year after his arrest, he hasn't been indicted, the case has no DA and the realty is he may never be prosecuted for killing Rayshard Brooks. ajc.com/news/crime/as-…

Fulton County DA Fani Willis appealed to the Georgia Attorney General to recuse her office from the case because of the conduct of her predecessor, Paul Howard. Howard used video footage of the case in his failed campaign for re-election as DA.

His conduct is being investigated by the AG, but he denied DA Willis' request to recuse the Fulton County office.

The matter is now before Fulton County Superior Court Chief Judge Christopher Brasher. In an order signed earlier this month, Brasher ordered Willis to produce, in private, evidence of a conflict of interest. He’ll then rule whether her office should be disqualified.

She had to produce that evidence by this prior Monday. If the judge decides Willis should stay on the case she could decide to reduce the charges or drop them altogether. She has said previously that Howard’s rush to bring charges will ultimately benefit the defense.

Those options would also be available to a new prosecutor, if one is assigned.

Rolfe's attorney has filed a motion to dismiss the case, which is pending.

Garrett Rolfe killed Rayshard Brooks less than three weeks after Derek Chauvin killed George Floyd and both cases ignited last summer's protests against racial injustice; but their trajectories have differed markedly.

Some may suggest there are different facts or different legal and political issues at play.

But in reality, in two separate incidents at around the same time, a police officer killed a Black man and the outcome for each may be very different for no discernible reason.