On Tuesday (Feb. 16), the attorneys for the former Atlanta police officer accused of killing Rayshard Brooks filed to have the charges against their client dismissed. According to 11 Alive, following the attempted recusal of Fulton County District Attorney Fani Willis, Garrett Rolfe’s lawyers believe that “there is no qualified prosecutor on this case at this time.”

“OCGA § 15-18-5 does not permit Attorney General Carr to question District Attorney Willis’ decision to recuse herself, as that decision is personal to her,” the filing states. “Here, District Attorney Willis has resolved that she has an impermissible conflict of interest due to the actions of her predecessor – who made repeated false public statements and sought subpoenas from a non-existent grand jury with the assistance of members of his staff, who will be called as witnesses in this case.”

Last week, REVOLT reported that Willis asked to be removed from the case, citing concerns about the actions of her predecessor, former District Attorney Paul Howard. She said he “obtained arrest warrants against the following defendants for incidents that occurred during the campaign.”

“I believe his conduct, including using video evidence in campaign television advertisements, may have violated Georgia Bar Rule 3.8(g),” she said. “In addition, as you are aware, my predecessor’s conduct also prompted a referral to the GBI for criminal investigation by you his issuance of grand jury subpoenas at a time when no Fulton County Grand Jury was empaneled.” Georgia Attorney General Chris Carr denied Willis’ request, saying that those issues “do not pertain to you or your office.”

Brooks was shot and killed last June after law enforcement responded to a 911 call stating that he fell asleep in his car at a Wendy’s drive-thru. He reportedly failed a sobriety test and officers tried to take him into custody. He resisted and reportedly stole one of their tasers. According to the Georgia Bureau of Investigation, Brooks aimed the taser at the officers before Rolfe fired his weapon.

Rolfe was charged with a total of 11 charges, including felony murder and multiple counts of aggravated assault with a deadly weapon. The other cop on the scene, Devin Brosnan, was charged with one count of aggravated assault and two counts of violating his oath.