Paul Howard, Fulton County district attorney. (Photo: John Disney/ALM)

The Georgia Bureau of Investigation has expanded an ongoing investigation of Fulton County District Attorney Paul Howard to include his office's issuance of grand jury subpoenas related to the shooting of Rayshard Brooks, all while not having a grand jury impaneled.

GBI Director Vic Reynolds confirmed Thursday that Georgia Attorney General Chris Carr has asked him to investigate Howard's issuance of grand jury subpoenas. Fulton County has not had a grand jury impaneled since March because of COVID-19.

Reynolds said the subpoenas will become part of the GBI's ongoing criminal investigation of about $140,000 in payments Howard received between 2015 and 2019 as CEO of two charitable organizations. Howard also faces a parallel 12-count complaint by the state Government Transparency and Campaign Finance Commission that he violated campaign finance disclosure laws by failing to report earnings.

Reynolds declined to discuss details of the expanded investigation. Under Georgia law, an individual who misuses a subpoena could face contempt of court, and be fined and jailed up to 20 days.

Reynolds said the GBI is conducting an independent investigation of Brooks' homicide at the request of the Atlanta Police Department.

Former prosecutors have said Howard's issuance a of grand jury subpoena for Atlanta police records without having a grand jury impaneled violates a state statute requiring that subpoenas be tied to a specific court date.

The records Howard attempted to subpoena involve a use of force investigation of former Atlanta police officer Garrett Rolfe, who is charged with multiple felonies, including felony murder, in the June 12 shooting of Rayshard Brooks in a fast-food parking lot in south Atlanta. Rolfe is currently free on $500,000 bond.

Lawyers for the officers said the use of lethal force was warranted because Brooks resisted arrest, assaulted both officers, took one officer's Taser and then fired it at the other officer while trying to flee.

Howard told the Daily Report on Wednesday his office "proactively" sent grand jury subpoenas "in the hopes" that a grand jury would convene once the current statewide judicial emergency expires Sunday. Earlier this week, the chief justice announced he will extend the judicial emergency and continue grand jury suspensions through Aug. 12.

On Thursday, Howard issued a second statement blaming the investigator who sent the subpoena for Rolfe's police records, saying he "was under the impression that the March/April grand jury was still impaneled" even though it had been discharged. Howard said his staff will suspend issuing future grand jury subpoenas until grand juries are impaneled, and that he has withdraw the subpoena seeking Rolfe's records.