Georgia prosecutor asks court to revoke bond for former Atlanta policeman charged with murder

ATLANTA (Reuters) – A Georgia prosecutor has asked a judge to revoke the bond for the former Atlanta policeman charged with murder in the shooting of Rayshard Brooks, saying in court papers that he had violated its terms by taking an out-of-state vacation.

Brooks, a Black man, was fatally shot in June in the parking lot of a Wendy’s restaurant in Atlanta, an incident that was caught on video and set off days of protests over racial inequality and social injustice.

District Attorney Paul Howard asked the court late on Tuesday to send former officer Garrett Rolfe, 27, back to jail for violating the terms of his bond, which include a 6 p.m. to 6 a.m. curfew and an order that he stays within the court’s jurisdiction.

Rolfe, who was out of jail on $500,000 bond, went to Daytona Beach, Florida, according to the court filing, which cited data from an ankle-monitoring device.

The court papers, filed to Fulton Superior Court Judge Jane Barwick, also say the state received notice from Rolfe’s attorney on Monday that he had traveled to Florida for vacation.

Rolfe’s attorney, Noah Pines, could not immediately be reached for comment on Wednesday.

An attorney for Brooks’ family, Chris Stewart, said at a news briefing on Wednesday that he had never heard of someone out on bond being able to take a vacation.

“That is not a flight risk, that is flight,” he said.

No date has been set for a hearing on the prosecutor’s motion to revoke bail.

A second officer, Devin Brosnan, 26, was placed on administrative duty and charged with aggravated assault. The city’s police chief resigned after the incident.

In a separate legal action, Rolfe filed a civil lawsuit against the city and Mayor Keisha Lance Bottoms, contesting his firing from the department. It states that he was not given the benefit of a discipline hearing before he was dismissed.

(Reporting by Rich McKay in Atlanta; Editing by Bill Berkrot and Bernadette Baum)

Georgia’s Governor withdraws emergency request to stop Atlanta’s mask mandate for COVID-19

By Rich McKay

ATLANTA (Reuters) – Georgia Governor Brian Kemp on Tuesday withdrew his emergency request for a court to stop enforcement of Atlanta’s requirement that faces masks be worn in all public places, while mediation over the state’s legal effort to block the mandate proceeds.

Kemp sued Atlanta Mayor Keisha Lance Bottoms and the city two weeks ago to stop enforcement of the local mandate, aimed at slowing the spread of the coronavirus. The governor argued that the city lacks the authority to override his order encouraging but not requiring face coverings.

In a statement, the Republican governor’s office said that the motion was withdrawn, “to continue productive, good faith negotiations with city officials and prepare for a future hearing on the merits of our legal position.”

Mayor Bottoms, a Democrat, has said that she would continue to defy the governor’s orders, but hoped that the two sides could find a solution.

Bottoms is one of a handful of Georgia mayors and other leaders who have enacted local mask orders in defiance of the governor.

Kemp, one of the first governors to ease statewide stay-at-home orders and business closures, has suggested that mandating masks would be too restrictive.

As Southern U.S. states have seen a spurt of new cases, Georgia has had more than 170,000 coronavirus cases and over 3,500 known fatalities.

(Reporting by Rich McKay in Atlanta; editing by Jonathan Oatis)

Georgia judge recuses herself at hearing over Atlanta’s face mask mandate

By Rich McKay

ATLANTA (Reuters) – A Georgia judge recused herself on Tuesday about an hour before a hearing on Governor Brian Kemp’s lawsuit seeking to stop Atlanta’s mayor from enforcing a requirement that people in the state’s largest city wear masks in public.

In a one-page order, Fulton County Superior Court Judge Kelly Ellerbe did not provide a reason for what was described as a “voluntary recusal.”

A spokesman for the court said a statement was expected later in the day. There was no immediate comment from the governor’s office or the office of Atlanta Mayor Keisha Lance Bottoms.

Earlier this month, Kemp barred local leaders from requiring people to wear masks to slow the spread of the novel coronavirus. Even so, several Georgia cities, including Democratic-led Atlanta, Savannah and Athens, have defied the governor’s order and kept local mandates in place.

The governor’s office filed a lawsuit on Thursday against Bottoms and the Atlanta city council, arguing that local officials lack the legal authority to override Kemp’s orders.

“Kemp must be allowed, as the chief executive of this state, to manage a public health emergency without Mayor Bottoms issuing void and unenforceable orders which only serve to confuse the public,” the 16-page complaint reads.

Tuesday’s hearing was on an emergency motion by the governor’s office to have the court lift Atlanta’s mask requirement while the lawsuit works its way through the court system.

The governor’s office has not yet filed lawsuits against the other mayors.

Americans are divided over the use of masks even as the number of COVID-19 cases and deaths continues to rise in many parts of the country, including Georgia. The United States has more than 3.8 million recorded cases and more than 140,900 deaths in the pandemic.

The divide is largely along political lines, with conservatives more likely than liberals to call the rules a violation of their constitutional rights.

President Donald Trump told Fox News on Friday he did not believe in implementing a national mask mandate.

(Reporting by Rich McKay in Atlanta; Editing by Franklin Paul, Dan Grebler and Jonathan Oatis)

Georgia governor urges people to wear masks but opposes a mandate

(Reuters) – Georgia Governor Brian Kemp on Friday urged all people in his state to wear masks for four weeks to halt the spread of the coronavirus but refused to back down on his position banning state and local authorities from mandating the wearing of masks.

With the state experiencing a spike in COVID-19 infections, Kemp issued an executive order on Wednesday suspending local regulations requiring masks, then sued the city of Atlanta on Thursday to stop it from enforcing its mask mandate.

“While we all agree that wearing a mask is effective, I’m confident that Georgians don’t need a mandate to do the right thing. I know that Georgians can rise to this challenge and they will,” Kemp told a news conference.

The state’s lawsuit alleges Atlanta Mayor Keisha Lance Bottoms lacked the authority to require masks and contended she must follow Kemp’s executive orders.

“Mayor Bottoms’ mask mandate cannot be enforced, but her decision to shutter businesses and undermine economic growth is devastating,” Kemp said. “Atlanta businesses are hurt, violent crime is up and families are rightfully worried.”

The Georgia conflict played out amid a wider cultural divide in the United States, in which public health experts have pleaded with politicians and the public to cover their faces to help stop the spread of infections, while President Donald Trump and his supporters have been calling for a return to normal economic activity and have played down the urgency for masks.

(Reporting by Daniel Trotta and Peter Szekely; Editing by Chizu Nomiyama and Howard Goller)