Murder of Ahmaud Arbery: Difference between revisions
Tambourine60 (talk | contribs) →Responding officer's report and official autopsy: okay with moving it down but think autopsy ought to be separate section as it's from a totally different agency. Also important to identify shotgun as the weapon that fired the shots. One concern: there's still no mention in the lead that this was a homicide or that it was during a struggle for a gun, both of which are essential to understanding. As it reads now, Arbery's death could have been suicide. That's why I added that at the top. |
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{{Short description|2020 murder in Georgia, United States}} |
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{{redirect|Gregory McMichael|the athlete|Greg McMichael}} |
{{redirect|Gregory McMichael|the athlete|Greg McMichael}} |
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{{Use mdy dates|date=February 2022}} |
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{{pp-protected|reason=Persistent addition of [[WP:INTREF|unsourced or poorly sourced content]]|small=yes}} |
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{{Use American English|date=November 2021}} |
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</noinclude>{{short description|Fatal shooting in Georgia in 2020}} |
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{{Infobox civilian attack |
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{{Use mdy dates|date=May 2020}} |
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| title = Murder of Ahmaud Arbery |
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{{infobox news event |
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| image = AHMAUD-ARBERY-1.jpg |
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| title = |
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| image = Map of Georgia highlighting Glynn County.svg |
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| image_upright = 0.7 |
| image_upright = 0.7 |
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| caption = Pre-2013 photo of Ahmaud Arbery |
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| image_name = |
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| caption = Map of Georgia showing location of Glynn County |
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| date = {{start date|2020|2|23}} |
| date = {{start date|2020|2|23}} |
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| time = |
| time = {{circa|1:15 p.m.}} |
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| |
| location = Satilla Shores<br />unincorporated [[Glynn County, Georgia]], U.S. |
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| coordinates = {{Coord|31 |
| coordinates = {{Coord|31|07|27|N|81|33|22|W|type:event_region:US-GA|display=inline,title}} |
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| type = [[Murder]], [[Gun violence in the United States|shooting]], [[hate crime]] |
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| also known as = |
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| motive = [[Racism against Black Americans|Anti-black racism]]<ref name=ReutersFalse/><ref name=NewsHour/><ref name="FaussetMay10"/><ref name=MckayViral/><ref name="allcharges"/> |
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| cause = |
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| victim = Ahmaud Marquez Arbery |
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| first reporter = |
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| charges = '''State charges:''' |
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| filmed by = |
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* [[Malice murder]] |
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| participants = |
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* [[Murder in Georgia (U.S. state) law|Felony murder]] (4 counts) |
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| reported injuries = |
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* [[Aggravation (law)|Aggravated]] [[assault]] (2 counts) |
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| reported death(s) = Ahmaud Arbery |
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* [[False imprisonment]] |
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| burial = |
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* Criminal attempt to commit false imprisonment<ref name=FaussetIndict/> |
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| inquiries = |
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District Attorney Jackie Johnson: |
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| inquest = |
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* Violating the oath of a public officer |
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| coroner = |
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* [[Obstruction of justice]]<br />'''Federal charges:''' |
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| suspects = Travis McMichael</br>Gregory McMichael</br> William "Roddie" Bryan |
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* Interference with rights (a [[Hate crime laws in the United States|hate crime]]) (1 count each) |
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| charges = [[Felony murder rule#United States|Felony murder]] (T. McMichael, G. McMichael, Bryan)</br>[[Aggravated assault]] (T. McMichael, G. McMichael)</br>Attempted [[false imprisonment]] (Bryan) |
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* Attempted [[kidnapping]] (1 count each) |
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| verdict = |
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* Using firearm during a crime of violence (1 count each for McMichaels)<ref name="auto2"/>{{Infobox event |
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| convictions = |
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| |
| title = |
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| child = yes |
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| website = <!--{{URL|example.com}} --> |
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| sentence = ;Travis McMichael |
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| notes = |
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:[[Life imprisonment in the United States|Life imprisonment]] without the possibility of [[parole]] plus 10 years<ref name=FederalTrialAddition/> (federal); plus 20 years (state) |
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;Gregory McMichael |
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:Life imprisonment without the possibility of parole plus 7 years<ref name=FederalTrialAddition/> (federal); plus 20 years (state) |
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;William Bryan |
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:35 years imprisonment (federal) |
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:Life imprisonment with the possibility of parole after 30 years{{efn|Plus 10-year [[suspended sentence]].}} (state) |
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}} |
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| verdict = '''All perpetrators guilty on all counts in federal trial'''<br />State trial:<br />'''Travis McMichael'''<br />[[Guilt (law)|Guilty on all charges]]<br />'''Gregory McMichael'''<br />[[Acquittal|Not guilty]] of malice murder<br />Guilty on remaining charges<br />'''William Bryan'''<br />Guilty of felony murder (3 counts), aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment (1 count each) |
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| convictions = |
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| litigation = |
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| website = <!--{{URL|example.com}} --> |
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| notes = |
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| perpetrators = *Travis James McMichael |
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* Gregory Johns McMichael |
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* William Roderick Bryan, Jr. |
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}} |
}} |
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<section begin="lede"/>On February 23, 2020, '''Ahmaud Arbery''', a 25-year-old Black man, was murdered during a racially motivated [[Hate crime laws in the United States|hate crime]]{{efn|After being convicted of murder during a State trial on November 24, 2021, the defendants were also convicted of interference with rights (a hate crime) at a federal trial on February 22, 2022.}} while jogging in Satilla Shores, a neighborhood near [[Brunswick, Georgia|Brunswick]] in [[Glynn County, Georgia]].<ref name="ReutersFalse">[https://www.reuters.com/world/us/jury-deliberates-hate-crimes-charges-against-ahmaud-arberys-killers-georgia-2022-02-22/ 'Rest in power:' Arbery's killers guilty on all federal hate-crimes charges] {{Webarchive|url=https://web.archive.org/web/20220228164406/https://www.reuters.com/world/us/jury-deliberates-hate-crimes-charges-against-ahmaud-arberys-killers-georgia-2022-02-22/ |date=February 28, 2022 }}. [[Reuters]], Feb. 22, 2022</ref><ref name="NewsHour">[https://www.pbs.org/newshour/nation/cop-told-hate-crime-defendants-no-evidence-of-arbery-stealing Cop told hate crime defendants no evidence of Arbery stealing] {{Webarchive|url=https://web.archive.org/web/20220228165926/https://www.pbs.org/newshour/nation/cop-told-hate-crime-defendants-no-evidence-of-arbery-stealing |date=February 28, 2022 }}. [[PBS NewsHour]], Feb. 22, 2022</ref><ref name="FaussetMay10"/><ref name=MckayViral>{{cite news |last1=Mckay |first1=Rich |title=Factbox: Why a viral video is key evidence in trial of men accused of killing Ahmaud Arbery |url=https://www.reuters.com/world/us/why-viral-video-is-key-evidence-trial-men-accused-killing-ahmaud-arbery-2021-10-25/ |access-date=November 22, 2021 |work=[[Reuters]] |date=October 27, 2021 |archive-date=November 22, 2021 |archive-url=https://web.archive.org/web/20211122103759/https://www.reuters.com/world/us/why-viral-video-is-key-evidence-trial-men-accused-killing-ahmaud-arbery-2021-10-25/ |url-status=live }}</ref><ref name="allcharges"/><ref name=Bynum-Nov-24-2021>{{cite news |last1=Bynum |first1=Russ |title=3 men charged in Ahmaud Arbery's death convicted of murder |url=https://apnews.com/article/ahmaud-arbery-georgia-brunswick-f2549024973cdcc757c02bd0a07bf5cf |access-date=November 25, 2021 |work=[[Associated Press]] |date=November 25, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125005504/https://apnews.com/article/ahmaud-arbery-georgia-brunswick-f2549024973cdcc757c02bd0a07bf5cf |url-status=live }}</ref><section end="lede"/> Three white men, who later claimed to police that they assumed he was a [[Burglary|burglar]],<ref name=IndependentFalse>{{Cite web |url=https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-trial-gregory-mcmichaels-b1952385.html |title=Ahmaud Arbery: Police told McMichaels Black jogger wasn't a burglar days before shooting, prosecutor says |website=[[Independent.co.uk]] |date=November 5, 2021 |access-date=March 6, 2022 |archive-date=January 4, 2022 |archive-url=https://web.archive.org/web/20220104005320/https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-trial-gregory-mcmichaels-b1952385.html |url-status=live }}</ref><ref name="NewsHour" /><ref name="ReutersFalse" /><ref name="time">{{cite magazine |title=Ahmaud Arbery Killers Found Guilty in Hate Crimes Case |url=https://time.com/6149999/ahmaud-arbery-hate-crimes-trial-guilty/ |magazine=Time |access-date=1 March 2022 |language=en |archive-date=March 1, 2022 |archive-url=https://web.archive.org/web/20220301043515/https://time.com/6149999/ahmaud-arbery-hate-crimes-trial-guilty/ |url-status=live }}</ref> pursued Arbery in their trucks for several minutes, using the vehicles to block his path as he tried to run away.<ref>{{cite web |author=Mike Hayes, Aditi Sangal and Meg Wagner |title=Live updates: Ahmaud Arbery's killers found guilty on all counts in federal hate crime trial |url=https://www.cnn.com/us/live-news/ahmaud-arbery-killing-hate-crimes-verdict/index.html |website=CNN |access-date=1 March 2022 |language=en |date=22 February 2022 |archive-date=February 28, 2022 |archive-url=https://web.archive.org/web/20220228202137/https://www.cnn.com/us/live-news/ahmaud-arbery-killing-hate-crimes-verdict/index.html |url-status=live }}</ref> Two of the men, '''Travis McMichael''' and his father, '''Gregory McMichael''', were armed in one vehicle. Their neighbor, '''William "Roddie" Bryan''', was in another vehicle. After overtaking Arbery, Travis exited his truck, pointing his weapon at Arbery. Arbery approached Travis and a physical altercation ensued, resulting in Travis fatally shooting Arbery.<ref name=FaussetMay10/><ref name=MckayViral/> Bryan recorded this confrontation and Arbery's murder on his cell phone. |
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On February 23, 2020, Ahmaud Marquez Arbery, an unarmed 25-year-old [[African-American]] man, was fatally shot on a street in Satilla Shores, a neighborhood near [[Brunswick, Georgia|Brunswick]] in [[Glynn County, Georgia]]. Arbery had been pursued and confronted by two [[White Americans|white]] residents, Travis McMichael and his father Gregory McMichael, who were armed and driving a pickup truck.<ref name=RojasFaussetKovaleski /> The event was recorded on video by a third Satilla Shores resident, William "Roddie" Bryan, who was following Arbery in a second vehicle.<ref name="USAToday20200508">{{Cite news|last=Ellis|first=Nicquel Terry|date=May 8, 2020|title=What we know about Satilla Shores, the community where Ahmaud Arbery was killed|work=[[USA Today]]|url=https://www.usatoday.com/story/news/2020/05/08/ahmaud-arbery-shooting-what-we-know-satilla-shores-community/3096389001/|url-status=live|access-date=May 9, 2020|archive-url=https://web.archive.org/web/20200509113649/https://www.usatoday.com/story/news/2020/05/08/ahmaud-arbery-shooting-what-we-know-satilla-shores-community/3096389001/|archive-date=May 9, 2020}}</ref><ref name=BurkeMay10 /><ref name=VeraMay12/> |
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Members of the [[Glynn County Police Department]] (GCPD) arrived on the scene soon after the shooting; due to Gregory McMichael's background in civil service, the responding officer referred to him on a first-name basis and no questions as to the legality of the shooting nor the validity of self-defense claims were made. Arbery was still alive at the time officers arrived on the scene.<ref>{{cite news |author=<!--not stated--> |date=May 5, 2020 |title=Video Emerges, Grand Jury to Convene |url= https://www.tmz.com/2020/05/05/shooting-video-unarmed-black-man-killed-ahmaud-arbery-georgia-jogging |access-date=Jul 21, 2023 }}</ref> No arrests were made for more than two months. |
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The [[Glynn County Police Department]] (GCPD) said the Brunswick District Attorney's Office advised them on February 23 to make no arrests,<ref name=WhyItTook>{{cite web |last1=Ellis |first1=Nicquel Terry |title=Why it took more than 2 months for murder charges and arrests in the death of Ahmaud Arbery |url=https://www.usatoday.com/story/news/2020/05/07/ahmaud-arbery-shooting-video-prosecutor-arrest-mcmichael/3089040001/ |website=[[USA Today]]|date=May 7, 2020|accessdate=May 13, 2020|quote=The original decision not to arrest the McMichaels or Bryan, and the more than two months that passed before charges were filed, fueled outcry across the nation with attorneys for Arbery's family saying he was racially profiled.}}</ref> while the Brunswick District Attorney's Office denied that such advice was given to the GCPD by either the Brunswick District Attorney or her Assistant District Attorneys.<ref name="WootsonMay10" /> On February 24, [[Waycross, Georgia|Waycross]] Judicial Circuit District Attorney George Barnhill, who had not yet been assigned to the case, advised the GCPD that no arrests should be made.<ref name="KingMay8" /><ref name="MayesMay11" /> Barnhill officially took over the case on February 27.<ref name="MayesMay11" /> Later on April 2, Barnhill again advised the GCPD to make no arrests, while stating his intention to recuse from the case due to connections between Gregory McMichael and Barnhill's son.<ref name="MayesMay11" /><ref name="GlaweMay6" /><ref name="HaneyMay8" /> Barnhill requested recusal on April 7.<ref name="MayesMay11" /> Atlantic Judicial Circuit District Attorney Tom Durden was appointed to the case on April 13.<ref name=DurdenAppt /> |
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The GCPD said the Brunswick District Attorney's Office first advised them to make no arrests,<ref name="wjxt DA advised">{{cite news |last1=Wiley |first1=Kelly |last2=Parker |first2=Marilyn |date=May 9, 2020 |title=District attorney advised not to make arrests on day of Ahmaud Arbery shooting, Glynn spokesperson says |url=https://www.news4jax.com/news/georgia/2020/05/09/district-attorney-advised-not-to-make-arrests-on-day-of-ahmaud-arbery-shooting-glynn-county-spokesperson-says/ |work=WJXT |access-date=May 18, 2021 |archive-date=May 17, 2021 |archive-url=https://web.archive.org/web/20210517215440/https://www.news4jax.com/news/georgia/2020/05/09/district-attorney-advised-not-to-make-arrests-on-day-of-ahmaud-arbery-shooting-glynn-county-spokesperson-says/ |url-status=live }}</ref> then [[Waycross, Georgia|Waycross]] District Attorney George Barnhill twice advised the GCPD to make no arrests, once before he was officially assigned to the case,<ref name="KingMay8" /><ref name="MayesMay11" /> and once while announcing his intention to [[Judicial disqualification|recuse]] himself due to a [[conflict of interest]].<ref name="MayesMay11" /><ref name="GlaweMay6" /><ref name="HaneyMay8" /> At the behest of Gregory McMichael,<ref name="winne">{{Cite news |url=https://www.wsbtv.com/news/local/exclusive-man-charged-ahmaud-arbery-murder-leaked-original-video-shooting/KCWVSD4IP5FPRO24I47ZBMPPNE/ |title=Man charged in Ahmaud Arbery murder leaked original video of the shooting |first=Mark |last=Winne |date=May 15, 2020 |work=[[WSB-TV]] |access-date=May 16, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081244/https://www.wsbtv.com/news/local/exclusive-man-charged-ahmaud-arbery-murder-leaked-original-video-shooting/KCWVSD4IP5FPRO24I47ZBMPPNE/|url-status=live}}</ref> a local attorney provided Bryan's video to local radio station [[WGIG]], which published the video on May 5.<ref name="WGIG" /> The video went [[Viral video|viral]]<ref name="CollinsMay6" /> on [[YouTube]] and [[Twitter]].<ref name="BooneMay5" /><ref name="BalkMay5" /> The [[Georgia Bureau of Investigation]] (GBI) arrested the McMichaels on May 7 and Bryan on May 21, charging them with [[Felony murder rule#United States|felony murder]] and other crimes.<ref name="Arrests">{{Cite news |last=Winsor |first=Morgan |date=May 7, 2020 |title=Father and son charged with murder of unarmed black man Ahmaud Arbery in Georgia |publisher=[[ABC News (United States)|ABC News]] |url=https://abcnews.go.com/US/mother-unarmed-black-man-killed-georgia-speaks-ahmaud/story?id=70552216 |access-date=December 1, 2021 |url-status=live|archive-url=https://web.archive.org/web/20200508012750/https://abcnews.go.com/US/mother-unarmed-black-man-killed-georgia-speaks-ahmaud/story?id=70552216|archive-date=May 8, 2020}}</ref><ref name="Stelloh">{{cite news |first=Tim |last=Stelloh |url=https://www.nbcnews.com/news/us-news/man-who-recorded-ahmaud-arbery-s-shooting-death-video-arrested-n1212496 |access-date=December 1, 2021 |title=Man who recorded Ahmaud Arbery's shooting death on video arrested, charged with murder |archive-url=https://web.archive.org/web/20210210081244/https://www.nbcnews.com/news/us-news/man-who-recorded-ahmaud-arbery-s-shooting-death-video-arrested-n1212496 |archive-date=February 10, 2021 |url-status=live |work=NBC News |date=May 21, 2020 }}</ref><ref name="BryanCharged">{{cite news |last1=Bynum |first1=Russ |title=Man who filmed Arbery shooting video charged in his slaying |url=https://apnews.com/6ddb1bc1bb83a928006c970e9fb1d00f |access-date=August 7, 2020 |newspaper=[[Associated Press]] |date=May 21, 2020|archive-url= https://web.archive.org/web/20200531120427/https://apnews.com/6ddb1bc1bb83a928006c970e9fb1d00f |archive-date= May 31, 2020}}</ref> |
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The case was ultimately transferred to the [[Cobb County, Georgia|Cobb County]] District Attorney's Office.<ref name="4thDA" /><ref name="APSlur">{{cite news |url=https://apnews.com/article/american-protests-us-news-ap-top-news-shootings-virus-outbreak-7122aaf2c54ed22590a5b8d32565a58f |title=Prosecutors describe use of racist slur as Ahmaud Arbery lay dying |archive-url=https://web.archive.org/web/20210210081244/https://apnews.com/7122aaf2c54ed22590a5b8d32565a58f |archive-date=February 10, 2021 |url-status=live |first=Russ |last=Bynum |work=[[Associated Press]] |date=June 4, 2020 |access-date=November 30, 2021 }}</ref><ref name="ReutersSlur">{{cite news |url=https://www.reuters.com/article/idUSKBN23B2H4 |title=White defendant used racial slur after shooting Ahmaud Arbery, investigator testifies |website=[[Reuters]] |quote='Mr. Bryan said that after the shooting took place before police arrival, while Mr. Arbery was on the ground, that he heard Travis McMichael make the statement: fucking nigger,' Dial said in testimony. |first=Nathan |last=Layne |date=June 4, 2020 |access-date=November 25, 2021 |archive-date=November 1, 2021 |archive-url=https://web.archive.org/web/20211101215403/https://www.reuters.com/article/idUSKBN23B2H4 |url-status=live }}</ref> On June 24, 2020, a [[grand jury]] [[Indictment|indicted]] each of the three men on charges of [[malice murder]], felony murder, and other crimes.<ref name="FaussetIndict" /> Their trial began in November 2021 in the Glynn County Superior Court;<ref name="restcase" /><ref name="GPB">{{cite web |url=https://www.gpb.org/news/2021/11/24/trio-found-guilty-of-ahmaud-arberys-murder |title=Trio found guilty of Ahmaud Arbery's murder |date=November 24, 2021 |work=[[Georgia Public Broadcasting]] |access-date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125043442/https://www.gpb.org/news/2021/11/24/trio-found-guilty-of-ahmaud-arberys-murder |url-status=live }}</ref> all three were convicted on November 24 of felony murder, [[Aggravation (law)|aggravated]] [[assault]], [[false imprisonment]], and criminal attempt to commit false imprisonment.<ref name="Bragg-Hauck" /><ref name="Tarik" /> Travis McMichael was further convicted of malice murder.<ref name="Ortiz">{{cite news|last=Ortiz|first=Erik|date=November 24, 2021|title=Why only one defendant in Ahmaud Arbery killing was guilty of malice murder|work=[[NBC News]]|url=https://www.nbcnews.com/news/crime-courts/only-one-defendant-ahmaud-arbery-killing-was-guilty-malice-murder-rcna6660|access-date=November 24, 2021|archive-date=November 26, 2021|archive-url=https://web.archive.org/web/20211126035253/https://www.nbcnews.com/news/crime-courts/only-one-defendant-ahmaud-arbery-killing-was-guilty-malice-murder-rcna6660|url-status=live}}</ref> On January 7, 2022, the McMichaels were sentenced to [[life imprisonment]] without the possibility of [[parole]] plus 20 years, while Bryan was sentenced to [[life imprisonment]] with the possibility of [[parole]] after 30 years.<ref name="Sentencing">{{cite web |url=https://www.cnn.com/2022/01/07/us/ahmaud-arbery-sentencing-killers-mcmichael-bryan/index.html |title=The sentencing of the defendants of Ahmaud Arbery's murder |date=January 7, 2022 |work=[[CNN News]] |access-date=January 7, 2022 |archive-date=January 7, 2022 |archive-url=https://web.archive.org/web/20220107230101/https://www.cnn.com/2022/01/07/us/ahmaud-arbery-sentencing-killers-mcmichael-bryan/index.html |url-status=live }}</ref><ref>{{cite news |last1=Griffith |first1=Janelle |title=Three men convicted of murdering Ahmaud Arbery sentenced to life in prison |url=https://www.nbcnews.com/news/us-news/three-men-convicted-murdering-ahmaud-arbery-sentenced-life-prison-rcna10901 |access-date=January 7, 2022 |work=NBC News |agency=NBC |publisher=NBC |date=January 7, 2022 |language=en |archive-date=January 7, 2022 |archive-url=https://web.archive.org/web/20220107230503/https://www.nbcnews.com/news/us-news/three-men-convicted-murdering-ahmaud-arbery-sentenced-life-prison-rcna10901 |url-status=live }}</ref> On February 22, 2022, the three men were found guilty in a federal court of attempted [[Kidnapping in the United States|kidnapping]] and the [[Hate crime laws in the United States|hate crime]] of interference with rights, while the McMichaels were also convicted of one count of using firearms during a crime of violence.<ref name=federalverdict>{{cite news|url=https://www.npr.org/2022/02/22/1082225480/ahmaud-arbery-hate-crimes|title=A jury finds Ahmaud Arbery's 3 killers guilty of federal hate crimes|first=Liz|last=Baker|publisher=NPR|date=February 22, 2022|access-date=February 22, 2022|archive-date=February 24, 2022|archive-url=https://web.archive.org/web/20220224035255/https://www.npr.org/2022/02/22/1082225480/ahmaud-arbery-hate-crimes|url-status=live}}</ref><ref name="auto2" /> |
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At the behest of Gregory McMichael,<ref name="auto1">{{Cite web|url=https://www.wsbtv.com/news/local/exclusive-man-charged-ahmaud-arbery-murder-leaked-original-video-shooting/KCWVSD4IP5FPRO24I47ZBMPPNE/|title=EXCLUSIVE: Man charged in Ahmaud Arbery murder leaked original video of the shooting|first=WSBTV com News Staff, Mark|last=Winne|website=WSBTV}}</ref> a local attorney provided a copy of the video of the shooting to [[WGIG]], a local radio station, who put it to the station's website on May 5.<ref name="WGIG">{{cite web|title=Video of Arbery Shooting – Warning: Graphic, Disturbing Content|url=https://1440wgig.iheart.com/content/2020-05-04-video-of-arbery-shooting-warning-graphic-disturbing-content/|date=May 5, 2020|website=[[WGIG]]|url-status=dead|archiveurl=https://web.archive.org/web/20200505151823/https://1440wgig.iheart.com/content/2020-05-04-video-of-arbery-shooting-warning-graphic-disturbing-content/|archivedate=May 5, 2020|accessdate=May 7, 2020}}</ref> The video went [[Viral video|viral]],<ref name=CollinsMay6 /> having also been posted on [[YouTube]] and [[Twitter]].<ref name="BooneMay5" /><ref name="BalkMay5"/> Within hours, Durden said a [[grand jury]] would decide whether charges would be brought, and accepted an offer from Governor [[Brian Kemp]] to have the [[Georgia Bureau of Investigation]] (GBI) investigate the case.<ref name="BooneMay5" /><ref name=BookerMay8 /> On May 7, 2020, the GBI arrested the McMichaels and charged them with [[Felony murder rule#United States|felony murder]] and [[aggravated assault]].<ref name="Arrests">{{Cite news|last=Winsor|first=Morgan|date=May 7, 2020|title=Father and son charged with murder of unarmed black man Ahmaud Arbery in Georgia|website=[[ABC News]]|url=https://abcnews.go.com/US/mother-unarmed-black-man-killed-georgia-speaks-ahmaud/story?id=70552216|url-status=live|archive-url=https://web.archive.org/web/20200508012750/https://abcnews.go.com/US/mother-unarmed-black-man-killed-georgia-speaks-ahmaud/story?id=70552216|archive-date=May 8, 2020}}</ref> On May 21, 2020, Bryan was arrested and charged with felony murder and attempted [[false imprisonment]].<ref name=Stelloh>Tim Stelloh, [https://www.nbcnews.com/news/us-news/man-who-recorded-ahmaud-arbery-s-shooting-death-video-arrested-n1212496 Man who recorded Ahmaud Arbery's shooting death on video arrested, charged with murder], NBC News (May 21, 2020).</ref><ref name=BryanCharged>Russ Bynum, [https://www.heraldmailmedia.com/news/nation/man-who-filmed-arbery-shooting-video-charged-in-his-slaying/article_213f5101-6e8a-5466-b739-6901075d08be.html Man who filmed Arbery shooting video charged in his slaying], Associated Press (May 21, 2020).</ref> |
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The |
The local authorities' handling of the case resulted in nationwide criticism and debates on [[racial profiling in the United States]].<ref name="WhyItTook">{{cite news |last1=Ellis |first1=Nicquel Terry |title=Why it took more than 2 months for murder charges and arrests in the death of Ahmaud Arbery |url=https://www.usatoday.com/story/news/2020/05/07/ahmaud-arbery-shooting-video-prosecutor-arrest-mcmichael/3089040001/ |work=[[USA Today]] |date=May 7, 2020 |access-date=May 13, 2020 |quote=The original decision not to arrest the McMichaels or Bryan, and the more than two months that passed before charges were filed, fueled outcry across the nation with attorneys for Arbery's family saying he was racially profiled. |archive-date=May 9, 2020 |archive-url=https://web.archive.org/web/20200509150138/https://www.usatoday.com/story/news/2020/05/07/ahmaud-arbery-shooting-video-prosecutor-arrest-mcmichael/3089040001/ |url-status=live}}</ref><ref name="W74">{{cite news |last1=Wootson |first1=Cleve R. Jr |last2=Brice-Saddler |first2=Michael |date=May 9, 2020 |title=It took 74 days for suspects to be charged in the death of a black jogger. Many people are asking why it took so long. |newspaper=[[The Washington Post]] |url=https://www.washingtonpost.com/national/outraged-by-the-delayed-arrests-in-killing-of-black-jogger-protesters-in-georgia-demand-justice/2020/05/08/8e7d212a-90a9-11ea-9e23-6914ee410a5f_story.html|url-status=live|url-access=limited|access-date=May 9, 2020|archive-url=https://archive.today/20200509022257/https://www.washingtonpost.com/national/outraged-by-the-delayed-arrests-in-killing-of-black-jogger-protesters-in-georgia-demand-justice/2020/05/08/8e7d212a-90a9-11ea-9e23-6914ee410a5f_story.html|archive-date=May 9, 2020}}</ref> Many religious leaders, politicians, athletes, and other celebrities condemned the incident.<ref name="Klett2020" /> [[Attorney General of Georgia|Georgia Attorney General]] [[Christopher M. Carr]] formally requested the intervention of the [[Federal Bureau of Investigation]] in the case on May 10, 2020, which was granted the following day.<ref>{{cite news |url=https://apnews.com/article/shootings-us-news-ap-top-news-arrests-ga-state-wire-b6c81596c4f90e060671fd1c72428376 |title=Georgia AG requests federal probe in handling of Arbery case |first=Jeff |last=Amy |date=May 10, 2020 |work=[[Associated Press]] |access-date=May 13, 2020 |archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081317/https://www.cbc.ca/news/world/georgia-attorney-general-federal-investigation-request-ahmaud-arbery-1.5564010|url-status=live}}</ref><ref name="WileyMay8" /><ref name="Gazaway0506" /> Former Brunswick District Attorney Jackie Johnson was indicted in September 2021 for "showing favor and affection" to Gregory McMichael (her former subordinate) during the investigation, and for obstructing law enforcement by directing that Travis McMichael not be arrested.<ref name="Muller" /><ref name="Mangan" /> In the aftermath of the murder, Georgia enacted hate crimes legislation in June 2020,<ref name="Donaghue" /> then repealed and replaced its [[citizen's arrest]] law in May 2021.<ref name="Hurt" /> |
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== People involved == |
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* '''Ahmaud Marquez Arbery''' (May 8, 1994 – February 23, 2020), nicknamed "Maud" or "Quez", was 25 at the time of death.<ref name=Morrison20211125/><ref name=Mckay/> He frequently ran for exercise, including regularly in Satilla Shores, a neighborhood close to the city of [[Brunswick, Georgia]].<ref name=Mckay /><ref name=Morrison20211125/><ref>{{cite news |last1=Ross |first1=Janell |title=What Ahmaud Arbery's Death Has Meant for the Place Where He Lived |url=https://time.com/6121300/ahmaud-arbery-brunswick-georgia/ |access-date=January 11, 2022 |magazine=[[Time (magazine)|Time]] |date=November 29, 2021 |archive-date=January 11, 2022 |archive-url=https://web.archive.org/web/20220111134225/https://time.com/6121300/ahmaud-arbery-brunswick-georgia/ |url-status=live }}</ref> Arbery lived in Fancy Bluff, a traditionally black neighborhood across the [[U.S. Route 17]] highway from Satilla Shores, which was around two miles away.<ref>{{cite news |last1=Fausset |first1=Richard |last2=Rojas |first2=Rick |title=Where Ahmaud Arbery Ran, Neighbors Cast Wary Eyes |url=https://www.nytimes.com/article/satilla-shores-ahmaud-arbery-killing.html |access-date=January 11, 2022 |work=[[The New York Times]] |date=May 18, 2020 |archive-url=https://archive.today/20200519014031/https://www.nytimes.com/article/satilla-shores-ahmaud-arbery-killing.html |archive-date=May 19, 2020 |url-status=live }}</ref> He graduated from [[Brunswick High School (Georgia)|Brunswick High School]] in 2012, where he was a football star.<ref name=Morrison20211125>{{cite news|last=Morrison|first=Aaron|date=November 25, 2021|access-date=November 26, 2021|title=In his final days, Ahmaud Arbery's life was at a crossroads |work=[[ABC News (United States)|ABC News]] and [[Associated Press]]|url=https://abcnews.go.com/US/wireStory/final-days-ahmaud-arberys-life-crossroads-81374316|url-status=live|archive-url=https://web.archive.org/web/20211125181947/https://abcnews.go.com/US/wireStory/final-days-ahmaud-arberys-life-crossroads-81374316|archive-date=November 25, 2021}}</ref><ref name=Mckay>{{cite news |last=Mckay |first=Rich |url=https://www.reuters.com/world/us/who-was-ahmaud-arbery-2021-11-24/ |title=Factbox: Who was Ahmaud Arbery? |date=November 24, 2021 |work=[[Reuters]] |access-date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125201235/https://www.reuters.com/world/us/who-was-ahmaud-arbery-2021-11-24/ |url-status=live }}</ref> As a [[linebacker]], he was known for his speed and agility.<ref name=Mckay /> He attended [[South Georgia Technical College]] during fall 2012 and spring 2013 to train for a career as an electrician.<ref name=Mckay /><ref name=Morrison20211125/> He paused his studies to save money by working in his father's car wash and landscaping business,<ref name=Mckay /> and had plans to re-enroll.<ref name=Mckay/><ref name=Morrison20211125/><ref>{{cite news |last1=Proctor |first1=Aungelique |title=Newly released video shows Ahmaud Arbery arrest from 2017 shoplifting attempt |url=https://www.fox5atlanta.com/news/newly-released-video-shows-ahmaud-arbery-arrest-from-2017-shoplifting-attempt |access-date=January 11, 2022 |work=[[Fox 5 Atlanta]] |date=May 20, 2020 |archive-date=January 10, 2022 |archive-url=https://web.archive.org/web/20220110130836/https://www.fox5atlanta.com/news/newly-released-video-shows-ahmaud-arbery-arrest-from-2017-shoplifting-attempt |url-status=live }}</ref> |
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[[File:AHMAUD-ARBERY-1.jpg|thumb|right|upright=0.6|An undated photo of Ahmaud Arbery]] |
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* '''Gregory Johns McMichael'''<ref name=crtnews>{{cite news |last1=Leonard |first1=Barbara |title=Gregory Johns McMichael, Travis James McMichael |url=https://www.courthousenews.com/gregory-johns-mcmichael-travis-james-mcmichael/ |access-date=July 26, 2022 |work=Courthouse News Service |date=May 8, 2020}}</ref> (born December 23, 1955), then 64, previously worked as a [[Glynn County Police Department]] (GCPD) officer from 1982 to 1989, and as an investigator for the Brunswick Judicial Circuit [[District Attorney]]'s Office from 1995 to his retirement in May 2019.<ref name=FaussetMay10 /><ref name=Over30>{{Cite web|title=Gregory McMichael worked in local law enforcement for over 30 years and previously investigated Ahmaud Arbery|url=https://www.insider.com/this-is-what-we-know-about-gregory-and-travis-mcmichael-2020-5 |date=May 8, 2020 |last=Orecchio-Egresitz|first=Haven|website=Insider|access-date=May 11, 2020|archive-date=May 12, 2020|archive-url=https://archive.today/20200512103612/https://www.insider.com/this-is-what-we-know-about-gregory-and-travis-mcmichael-2020-5|url-status=live}}</ref> In 2018, McMichael helped in a shoplifting investigation involving Arbery.<ref name=Morrison20211125/><ref name="RoughtonSchrade2020">{{cite news |last1=Roughton |first1=Bert Jr. |last2=Schrade |first2=Brad |title=Records show a neighborhood on edge before Arbery's final run |url=https://www.ajc.com/news/crime--law/records-show-neighborhood-edge-before-arbery-final-jog/P9shmCoRGj90XFWbKfApmJ/ |access-date=October 30, 2021 |work=[[The Atlanta Journal-Constitution]] |date=May 17, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081342/https://www.ajc.com/news/crime--law/records-show-neighborhood-edge-before-arbery-final-jog/P9shmCoRGj90XFWbKfApmJ/ |url-status=live }}</ref><ref name=AJCFather/> According to various news sources, Arbery had been caught shoplifting in a Walmart store which led to a subsequent revocation and extension of Arbery's probation.<ref name=Mckay/><ref name=Morrison20211125/> It is unknown whether McMichael remembered this when he encountered Arbery on the day of the shooting.<ref name=AJCFather/> The prosecution later said the charges had nothing to do with his murder.<ref name=Levine-Laughland>{{Cite news|last1=Levine|first1=Sam|last2=Laughland|first2=Oliver|date=May 18, 2020|title=Police tried to tase Ahmaud Arbery in 2017 incident, video shows|url=https://www.theguardian.com/us-news/2020/may/18/ahmaud-arbery-police-taser-2017-georgia|access-date=November 26, 2021|work=[[The Guardian]]|archive-date=November 26, 2021|archive-url=https://web.archive.org/web/20211126052615/https://www.theguardian.com/us-news/2020/may/18/ahmaud-arbery-police-taser-2017-georgia|url-status=live}}</ref> |
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* '''Travis James McMichael'''<ref name=crtnews/> (born January 18, 1986), then 34,<ref name=FaussetMay5Jury /> was a [[United States Coast Guard|U.S. Coast Guard]] mechanic between 2007 and 2016, and had some training in law enforcement.<ref name=Bragg-Habersham-Hauck>{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Habersham |first2=Raisa |last3=Hauck |first3=Grace |url=https://www.usatoday.com/story/news/nation/2021/11/17/ahmaud-arbery-trial-travis-mcmichael-defense-first-witnesses/8649144002/ |title=Georgia man who fatally shot Ahmaud Arbery tells jury he was in a 'life-or-death situation' |date=November 17, 2021 |work=[[USA Today]] |access-date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125235932/https://www.usatoday.com/story/news/nation/2021/11/17/ahmaud-arbery-trial-travis-mcmichael-defense-first-witnesses/8649144002/ |url-status=live }}</ref> He is Gregory McMichael's son. |
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* '''William Roderick Bryan, Jr''' (born August 19, 1969), nicknamed "Roddie", then 50, was a neighbor of the McMichaels.<ref name=BurkeMay10 /> Bryan was a mechanic and worked at a local hardware store in Brunswick according to posts on his social media.<ref>{{cite web |title=William 'Roddy' Bryan: 5 Fast Facts You Need to Know |url=https://heavy.com/news/2020/05/william-roddy-bryan/ |website=Heavy |date=May 8, 2020 |publisher=Heavy, Inc. |access-date=February 22, 2022 |archive-date=February 22, 2022 |archive-url=https://web.archive.org/web/20220222195009/https://heavy.com/news/2020/05/william-roddy-bryan/ |url-status=live }}</ref> |
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== Video of the murder == |
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* Ahmaud Marquez Arbery, aged 25,<ref name=FaussetMay10 /> graduated from [[Brunswick High School (Georgia)|Brunswick High School]] in 2012. He attended [[South Georgia Technical College]] during fall 2012 and spring 2013 to pursue a career as an [[electrician]].<ref>{{cite news|date=May 8, 2020|title=Officials respond to Ahmaud Arbery's death|website=[[WALB]]|url=https://www.walb.com/2020/05/08/officials-respond-ahmaud-arberys-death/|url-status=live|archive-url=https://web.archive.org/web/20200510023748/https://www.walb.com/2020/05/08/officials-respond-ahmaud-arberys-death/|archive-date=May 10, 2020}}</ref><ref>{{cite news|url=https://www.firstcoastnews.com/article/news/crime/brunswick-man-shot-and-killed-while-jogging-no-arrests-made/77-8acf18bb-8e7a-46c4-bb53-f75a752d8f7c|title=Mother seeks justice after son shot while jogging in Brunswick, Ga.; pair involved in killing not arrested|first=Troy|last=Kless|work=First Coast News|date=May 4, 2020|accessdate=May 7, 2020}}</ref> He frequently jogged for exercise in and around his neighborhood.<ref name=FaussetMay10 /> |
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*Gregory McMichael, aged 64, previously worked as a GCPD officer from 1982 to 1989, and as an investigator for the Brunswick Judicial Circuit [[District Attorney]]'s Office from 1995 to his retirement in May 2019.<ref name=FaussetMay10 /><ref name=Over30>{{Cite web|title=Gregory McMichael worked in local law enforcement for over 30 years and previously investigated Ahmaud Arbery|url=https://www.insider.com/this-is-what-we-know-about-gregory-and-travis-mcmichael-2020-5|last=Orecchio-Egresitz|first=Haven|website=Insider|access-date=May 11, 2020}}</ref> |
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*Travis McMichael, aged 34, is Gregory McMichael's son.<ref name=FaussetMay5Jury /> |
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*William "Roddie" Bryan, aged 50, was a neighbor of the McMichaels. He recorded the shooting via [[cellphone video]].<ref name=BryanCharged/> |
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[[File:Location of Ahmaud Arbery shooting.jpg|thumb|Location of Ahmaud Arbery shooting]] |
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== Video of the shooting == |
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A video of the incident<ref>{{Cite web|url=https://www.tmz.com/2020/05/05/shooting-video-unarmed-black-man-killed-ahmaud-arbery-georgia-jogging/|title=Video Shows Fatal Shooting of Ahmaud Arbery, Unarmed Black Man in Georgia|website=TMZ}}</ref> was recorded by William "Roddie" Bryan, a neighbor of the McMichaels, using his cellphone from his vehicle as he followed Arbery jogging down a neighborhood road.<ref name=BurkeMay10 /><ref name="Walters" /><ref name="Bynum">{{cite news|last1=Bynum|first1=Russ|date=May 7, 2020|title=Georgia family demands arrests 2 months after son shot dead|website=[[AP News]]|url=https://apnews.com/994021a3502194b552385d925207eae9|url-status=live|quote=The cellphone video, initially posted by a Brunswick radio station, shows a black man running at a jogging pace on the left side of a road.|accessdate=May 7, 2020|archive-url=https://archive.today/20200508041018/https://apnews.com/994021a3502194b552385d925207eae9|archive-date=May 8, 2020}}</ref> From the camera's perspective, Arbery is seen jogging on the left side of the road when he encounters a white pickup truck that has stopped in the right lane.<ref name="Walters" /><ref name="Bynum" /> Gregory McMichael is standing in the truck bed, while Travis McMichael initially stands beside the driver's door with a shotgun.<ref name=Bynum /><ref name="Parott" /><ref name=Barajas /><ref name="HobbsMay5">{{cite news|last1=Hobbs|first1=Larry|date=May 5, 2020|title=Liberty DA sends Arbery shooting to Glynn grand jury|work=[[The Brunswick News]]|url=https://thebrunswicknews.com/news/local_news/liberty-da-sends-arbery-shooting-to-glynn-grand-jury/article_187cbd63-dc3c-52b1-9f0a-04ec68c458ec.html|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200508005054/https://thebrunswicknews.com/news/local_news/liberty-da-sends-arbery-shooting-to-glynn-grand-jury/article_187cbd63-dc3c-52b1-9f0a-04ec68c458ec.html|archive-date=May 8, 2020|quote=Travis McMichael steps out of the driver's side of the truck with a shotgun as Arbery approaches. Arbery tries to run around the passenger side of the truck. Travis McMichael approaches Arbery at the front of the truck.}}</ref> The vehicle of the person who was recording comes to a stop behind Arbery and the pickup truck.<ref name="Parott">{{cite news|last1=Parrott|first1=Jeff|date=May 6, 2020|title=Biden calls for justice in Ahmaud Arbery "murder" after video of killing goes viral|work=[[Deseret News]]|url=https://www.deseret.com/indepth/2020/5/6/21249376/biden-ahmaud-arbery-murder-shooting-killing-video-race-black-justice|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200508041318/https://www.deseret.com/indepth/2020/5/6/21249376/biden-ahmaud-arbery-murder-shooting-killing-video-race-black-justice|archive-date=May 8, 2020}}</ref><ref name="Barajas">{{cite news|last1=Barajas|first1=Angela|last2=Vera|first2=Amir|last3=Almasy|first3=Steve|date=May 6, 2020|title=Video posted online as DA says case of Georgia man who was chased and killed will go to grand jury|website=[[CNN]]|url=https://edition.cnn.com/2020/05/05/us/ahmaud-arbery-jogging-georgia-shooting/index.html|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200508012034/https://edition.cnn.com/2020/05/05/us/ahmaud-arbery-jogging-georgia-shooting/index.html|archive-date=May 8, 2020}}</ref> |
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A video of the murder<ref name="TMZ Video Shows">{{Cite web |url=https://www.tmz.com/2020/05/05/shooting-video-unarmed-black-man-killed-ahmaud-arbery-georgia-jogging/ |title=Video Shows Fatal Shooting of Ahmaud Arbery, Unarmed Black Man in Georgia |website=[[TMZ]]|date=May 5, 2020 |access-date=May 19, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081312/https://www.tmz.com/2020/05/05/shooting-video-unarmed-black-man-killed-ahmaud-arbery-georgia-jogging/|url-status=live}}</ref> was recorded by Bryan using his cellphone from his vehicle as he followed Arbery jogging down the neighborhood road.<ref name=BurkeMay10 /><ref name="Bynam5.22.20"/><ref name="Walters" /><ref name="Bynum">{{cite news |last1=Bynum |first1=Russ |date=May 7, 2020 |title=Georgia family demands arrests 2 months after son shot dead |work=[[Associated Press]] |url=https://apnews.com/994021a3502194b552385d925207eae9|url-status=live |quote=The cellphone video, initially posted by a Brunswick radio station, shows a black man running at a jogging pace on the left side of a road.|access-date=May 7, 2020|archive-url=https://archive.today/20200508041018/https://apnews.com/994021a3502194b552385d925207eae9|archive-date=May 8, 2020}}</ref> The video showed Arbery jogging on the left side of the road when he encountered a white pickup truck, a thirteenth generation [[Ford F-Series (thirteenth generation)|Ford F-150]], that had stopped in the right lane.<ref name="Walters" /><ref name="Bynum" /> Gregory McMichael is standing in the truck bed, while Travis McMichael initially stands beside the driver's door with a shotgun.<ref name=Parott /><ref name=Bynum /><ref name=Barajas /><ref name="HobbsMay5">{{cite news |last1=Hobbs |first1=Larry |date=May 5, 2020 |title=Liberty DA sends Arbery shooting to Glynn grand jury |work=[[The Brunswick News]] |url=https://thebrunswicknews.com/news/local_news/liberty-da-sends-arbery-shooting-to-glynn-grand-jury/article_187cbd63-dc3c-52b1-9f0a-04ec68c458ec.html|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200508005054/https://thebrunswicknews.com/news/local_news/liberty-da-sends-arbery-shooting-to-glynn-grand-jury/article_187cbd63-dc3c-52b1-9f0a-04ec68c458ec.html|archive-date=May 8, 2020 |quote=Travis McMichael steps out of the driver's side of the truck with a shotgun as Arbery approaches. Arbery tries to run around the passenger side of the truck. Travis McMichael approaches Arbery at the front of the truck.}}</ref> Bryan's vehicle comes to a stop behind Arbery and the pickup truck.<ref name="Parott">{{cite news |last1=Parrott |first1=Jeff |date=May 6, 2020 |title=Biden calls for justice in Ahmaud Arbery "murder" after video of killing goes viral |work=[[Deseret News]] |url=https://www.deseret.com/indepth/2020/5/6/21249376/biden-ahmaud-arbery-murder-shooting-killing-video-race-black-justice|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200508041318/https://www.deseret.com/indepth/2020/5/6/21249376/biden-ahmaud-arbery-murder-shooting-killing-video-race-black-justice|archive-date=May 8, 2020}}</ref><ref name="Barajas">{{cite news |last1=Barajas |first1=Angela |last2=Vera |first2=Amir |last3=Almasy |first3=Steve |date=May 6, 2020 |title=Video posted online as DA says case of Georgia man who was chased and killed will go to grand jury |work=[[CNN]] |url=https://edition.cnn.com/2020/05/05/us/ahmaud-arbery-jogging-georgia-shooting/index.html|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200508012034/https://edition.cnn.com/2020/05/05/us/ahmaud-arbery-jogging-georgia-shooting/index.html|archive-date=May 8, 2020}}</ref> |
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As Arbery approaches the pickup truck, shouting can be heard.<ref name="Parott" /> Arbery then crosses from the left side of the road to the right side and runs around the passenger's side of the truck. After passing the truck's front, Arbery turns left.<ref name=Bynum /><ref name=Barajas /><ref name="Gajanan">{{cite news|last1=Gajanan|first1=Mahita|date=May 6, 2020|title=Outrage Mounts After Cell Phone Footage Surfaces of Ahmaud Arbery's Fatal Shooting in Georgia, But No Suspects Have Been Charged. Here's What to Know|work=[[Time (magazine)|Time]]|url=https://time.com/5832731/ahmaud-arbery-shooting-georgia-murder/|url-status=live|accessdate=May 7, 2020|archive-url=https://web.archive.org/web/20200508041217/https://time.com/5832731/ahmaud-arbery-shooting-georgia-murder/|archive-date=May 8, 2020|quote=Arbery is seen running toward the truck's right side and he then veers in and out of the camera's frame. A gunshot rings out. Arbery is then seen entering into a struggle with one man, who appears to hold a long gun ... the footage appearing to show Arbery only began grappling with a man after the first shot.}}</ref> Meanwhile, Travis McMichael, holding his shotgun, approaches Arbery at the truck's front.<ref name=HobbsMay5 /><ref>{{cite news |last1=King |first1=Michael |title=GBI investigating person who took video of Ahmaud Arbery shooting |url=https://www.11alive.com/article/news/crime/gbi-investigating-person-who-took-video-of-ahmaud-arbery-shooting/85-9efb0117-0084-4536-b035-95f5dcba1fc2 |accessdate=May 12, 2020 |work=[[11 Alive]] |date=May 8, 2020}}</ref> The camera's view of the confrontation between Arbery and Travis is then momentarily blocked.<ref>{{cite news |last1=Collins |first1=Sean |title=The killing of Ahmaud Arbery, an unarmed black jogger in Georgia, explained |url=https://www.vox.com/identities/2020/5/6/21249202/ahmaud-arbery-jogger-killed-in-georgia-video-shooting-grand-jury |accessdate=May 12, 2020 |work=[[Vox (website)|Vox]] |date=May 12, 2020}}</ref> |
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As Arbery approaches the pickup truck, shouting can be heard.<ref name="Parott" /> Arbery then crosses from the left side of the road to the right side and runs around the passenger's side of the truck. After passing the truck's front, Arbery turns left.<ref name=Bynum /><ref name=Barajas /><ref name="Gajanan">{{cite news |last1=Gajanan |first1=Mahita |date=May 6, 2020 |title=Outrage Mounts After Cell Phone Footage Surfaces of Ahmaud Arbery's Fatal Shooting in Georgia, But No Suspects Have Been Charged. Here's What to Know |magazine=[[Time (magazine)|Time]] |url=https://time.com/5832731/ahmaud-arbery-shooting-georgia-murder/|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508041217/https://time.com/5832731/ahmaud-arbery-shooting-georgia-murder/|archive-date=May 8, 2020 |quote=Arbery is seen running toward the truck's right side and he then veers in and out of the camera's frame. A gunshot rings out. Arbery is then seen entering into a struggle with one man, who appears to hold a long gun ... the footage appearing to show Arbery only began grappling with a man after the first shot.}}</ref> Meanwhile, Travis McMichael, holding his shotgun, approaches Arbery at the truck's front.<ref name=HobbsMay5 /><ref>{{cite news |last1=King |first1=Michael |title=GBI investigating person who took video of Ahmaud Arbery shooting |url=https://www.11alive.com/article/news/crime/gbi-investigating-person-who-took-video-of-ahmaud-arbery-shooting/85-9efb0117-0084-4536-b035-95f5dcba1fc2 |access-date=May 12, 2020 |work=[[WXIA-TV|11 Alive]] |date=May 8, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081333/https://www.11alive.com/article/news/crime/gbi-investigating-person-who-took-video-of-ahmaud-arbery-shooting/85-9efb0117-0084-4536-b035-95f5dcba1fc2 |url-status=live }}</ref> The camera's view of the confrontation between Arbery and Travis is momentarily blocked.<ref name="CollinsMay6"/> |
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Several media accounts of the video report that the audio of the first gunshot seems to be heard before Arbery and Travis struggle with each other.<ref name="Walters">{{cite news|last1=Walters|first1=Joanna|date=May 6, 2020|title=Georgia to consider charges in killing of unarmed black jogger as video emerges|work=[[The Guardian]]|url=https://www.theguardian.com/us-news/2020/may/05/georgia-brunswick-shooting-ahmaud-arbery-grand-jury|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200508012842/https://www.theguardian.com/us-news/2020/may/05/georgia-brunswick-shooting-ahmaud-arbery-grand-jury|archive-date=May 8, 2020|quote=But it appears from the video footage that by the time the clearly unarmed Arbery is tussling with Travis McMichael, who is holding the long gun, a shot has already been fired.}}</ref><ref name=Gajanan /><ref name=Bonvillian>{{cite news|last1=Bonvillian|first1=Crystal|date=May 6, 2020|title=Ahmaud Arbery: Video emerges of black jogger killed by 2 white men; case heads to grand jury|website=[[KOKI-TV]]|url=https://www.fox23.com/news/trending/video-emerges-black-jogger-chased-shot-dead-by-2-white-men-case-will-go-grand-jury/EXGDU3DAIJEHXAXW6DAYVRW6EQ/|url-status=live|accessdate=May 9, 2020|archive-url=https://archive.today/20200507201929/https://www.fox23.com/news/trending/video-emerges-black-jogger-chased-shot-dead-by-2-white-men-case-will-go-grand-jury/EXGDU3DAIJEHXAXW6DAYVRW6EQ/|archive-date=May 7, 2020|quote=Though Arbery appears to be close to the shotgun, there does not appear to be a scuffle between the two men before Travis McMichael fires the weapon the first time.}}</ref> Some media accounts first report a struggle, and then mention the gunshot(s).<ref name=Barajas /><ref name="ABC30AN">{{cite web |last1=Aaron Morrison and Russ Bynum |title=Ahmaud Arbery shooting: Georgia man's death raises echoes of US racial terror legacy |url=https://abc30.com/ahmaud-arbery-video-georgia-shooting/6166329/ |website=ABC30 Action News |accessdate=May 13, 2020 |date=May 9, 2020 |quote=Video footage shows a runner grappling with a man armed with a shotgun. Shots are fired and the runner staggers and falls.}}</ref> Other media accounts describe that it was "not possible" to see from the video what was happening when the first gunshot was fired,<ref name="VOX200513">{{cite web |last1=Collins |first1=Sean |title=The killing of Ahmaud Arbery, an unarmed black jogger in Georgia, explained |url=https://www.vox.com/identities/2020/5/6/21249202/ahmaud-arbery-jogger-killed-in-georgia-video-shooting-grand-jury |website=Vox |accessdate=May 13, 2020 |date=May 12, 2020 |quote=The video then shows the black man trying to run around the truck. It's not possible to see what happens next, but there's a gunshot; the black man and the white man who was standing in the road reappear in the frame, engaged in a struggle...}}</ref> or report that the truck "blocks the view of how the men first engage each other" with regard to when the gunshot is heard.<ref name="USAT200513">{{cite web |last1=Miller |first1=Ryan |title=Ahmaud Arbery video: Legal experts explain how key frames may be used in murder trial |url=https://www.usatoday.com/story/news/nation/2020/05/13/ahmaud-arbery-shooting-video-georgia-legal-experts-murder-case/3109900001/ |website=[[USA Today]] |accessdate=May 13, 2020 |date=May 13, 2020 |quote=The struggle between Arbery and Travis McMichael begins after the camera refocuses on the truck and Arbery is seen crossing in front of the vehicle from the passenger side. A gunshot is heard, but the truck blocks the view of how the men first engage each other.}}</ref> |
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Several media accounts of the video report that the audio of the first gunshot seems to be heard before Arbery and Travis struggle with each other.<ref name="Walters">{{cite news |last1=Walters |first1=Joanna |date=May 6, 2020 |title=Georgia to consider charges in killing of unarmed black jogger as video emerges |work=[[The Guardian]] |url=https://www.theguardian.com/us-news/2020/may/05/georgia-brunswick-shooting-ahmaud-arbery-grand-jury|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200508012842/https://www.theguardian.com/us-news/2020/may/05/georgia-brunswick-shooting-ahmaud-arbery-grand-jury|archive-date=May 8, 2020 |quote=But it appears from the video footage that by the time the clearly unarmed Arbery is tussling with Travis McMichael, who is holding the long gun, a shot has already been fired.}}</ref><ref name=Gajanan /><ref name=Bonvillian>{{cite news |last1=Bonvillian |first1=Crystal |date=May 6, 2020 |title=Ahmaud Arbery: Video emerges of black jogger killed by 2 white men; case heads to grand jury |work=[[KOKI-TV]] |url=https://www.fox23.com/news/trending/video-emerges-black-jogger-chased-shot-dead-by-2-white-men-case-will-go-grand-jury/EXGDU3DAIJEHXAXW6DAYVRW6EQ/|url-status=live|access-date=May 9, 2020|archive-url=https://archive.today/20200507201929/https://www.fox23.com/news/trending/video-emerges-black-jogger-chased-shot-dead-by-2-white-men-case-will-go-grand-jury/EXGDU3DAIJEHXAXW6DAYVRW6EQ/|archive-date=May 7, 2020 |quote=Though Arbery appears to be close to the shotgun, there does not appear to be a scuffle between the two men before Travis McMichael fires the weapon the first time.}}</ref> Some media accounts first report a struggle, and then mention the gunshot(s).<ref name=Barajas /><ref name="ABC30AN">{{cite news |first1=Aaron |last1=Morrison |first2=Russ |last2=Bynum |title=Ahmaud Arbery shooting: Georgia man's death raises echoes of US racial terror legacy |url=https://abc30.com/ahmaud-arbery-video-georgia-shooting/6166329/ |publisher=[[KFSN-TV]] |location=[[Fresno, California]] |access-date=May 13, 2020 |date=May 9, 2020 |quote=Video footage shows a runner grappling with a man armed with a shotgun. Shots are fired and the runner staggers and falls. |archive-date=June 4, 2020 |archive-url=https://web.archive.org/web/20200604110016/https://abc30.com/ahmaud-arbery-video-georgia-shooting/6166329/ }}</ref> Other media accounts describe that it was "not possible" to see from the video what was happening when the first gunshot was fired,<ref name="CollinsMay6"/> or report that the truck "blocks the view of how the men first engage each other" with regard to when the gunshot is heard.<ref name="USAT200513">{{cite news |last1=Miller |first1=Ryan |title=Ahmaud Arbery video: Legal experts explain how key frames may be used in murder trial |url=https://www.usatoday.com/story/news/nation/2020/05/13/ahmaud-arbery-shooting-video-georgia-legal-experts-murder-case/3109900001/ |work=[[USA Today]] |access-date=May 13, 2020 |date=May 13, 2020 |quote=The struggle between Arbery and Travis McMichael begins after the camera refocuses on the truck and Arbery is seen crossing in front of the vehicle from the passenger side. A gunshot is heard, but the truck blocks the view of how the men first engage each other. |archive-date=May 27, 2020 |archive-url=https://web.archive.org/web/20200527085155/https://www.usatoday.com/story/news/nation/2020/05/13/ahmaud-arbery-shooting-video-georgia-legal-experts-murder-case/3109900001/ |url-status=live}}</ref> |
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Travis and Arbery are seen to grapple over the shotgun.<ref name=Gajanan /><ref name="GN200507">{{cite news |last1=Elliott |first1=Josh |title='Justice for Ahmaud': Outcry erupts over video of Black jogger's killing |url=https://globalnews.ca/news/6915128/ahmaud-arbery-shooting-video/ |work=[[Global News]] |location=[[Toronto]] |access-date=May 11, 2020 |date=May 7, 2020 |quote=The jogger and the man on the ground start grappling over the shotgun |archive-url=https://web.archive.org/web/20200507220200/https://globalnews.ca/news/6915128/ahmaud-arbery-shooting-video/ |archive-date=May 7, 2020 |url-status=live}}</ref> While struggling, both men disappear off camera view on the left side of the frame, after which the audio of a second gunshot is heard.<ref name=Bynum /><ref name=Barajas /> When they reappear, Arbery throws punches and tries to grab the shotgun.<ref name=Barajas /> A third gunshot is heard being fired by Travis at [[point-blank range]] as Arbery appears to throw a right-handed punch at his head.<ref name=Bynum /><ref name="Parott" /><ref name="Barajas"/> Arbery recoils, stumbles, and collapses face down in the middle of the road while Travis walks away.<ref name=Walters /><ref name=Barajas /><ref name=HobbsMay5 /> Gregory McMichael, who has taken out a handgun but has not fired, runs towards his son and Arbery.<ref name="Parott" /><ref name=Barajas /> |
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== Investigation by Glynn County Police == |
== Investigation by Glynn County Police == |
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=== Prior thefts and trespassing incidents reported === |
=== Prior thefts and trespassing incidents reported === |
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In December 2019 and January 2020, residents of Satilla Shores reported |
In December 2019 and January 2020, residents of Satilla Shores reported three break-ins or thefts. On December 8, 2019, a Satilla Shores resident reported rifles stolen from the resident's unlocked car. Police recorded a theft on December 28, 2019. On January 1, 2020, Travis McMichael filed a report of a firearm stolen from his unlocked truck.<ref>{{Cite news |title=Satilla Shores break-ins reported months before Ahmaud Arbery's killing |url=https://www.fox5atlanta.com/news/satilla-shores-break-ins-reported-months-before-ahmaud-arberys-killing |last=Whittler |first=Alex |date=May 8, 2020 |work=[[WAGA-TV]]|access-date=May 14, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081329/https://www.fox5atlanta.com/news/satilla-shores-break-ins-reported-months-before-ahmaud-arberys-killing|url-status=live}}</ref><ref name="CNNPreviousInvestigation">{{cite news |last1=Andone |first1=Dakin |last2=Barajas |first2=Angela |last3=Morris |first3=Jason |date=May 9, 2020 |title=A suspect in the killing of Ahmaud Arbery was involved in a previous investigation of him, recused prosecutor says |work=[[CNN]] |url=https://www.cnn.com/2020/05/08/us/ahmaud-arbery-mcmichael-arrests-friday/index.html|url-status=live|access-date=May 10, 2020|archive-url=https://archive.today/20200509143530/https://www.cnn.com/2020/05/08/us/ahmaud-arbery-mcmichael-arrests-friday/index.html|archive-date=May 9, 2020}}</ref> |
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On February 11, 2020, Travis called [[9-1-1]] to report a slender 6 |
On February 11, 2020, Travis called [[9-1-1|911]] to report a slender {{convert|6|ft|m|2|spell=in|adj=mid|-tall}} black man with short hair, wearing red shorts and a white shirt, who was trespassing on the site of a house under construction. Travis said, "I've never seen this guy before in the neighborhood". The [[Dispatcher#Emergency dispatchers|dispatcher]] asked whether Travis was OK, and he said, "Yeah, it just startled me. When I turned around and saw him and backed up, he reached into his pocket and ran into the house. So I don't know if he's armed or not. But he looked like he was acting like he was." "We've been having a lot of burglaries and break-ins around here lately", Travis said on the call. He told the dispatcher that he was out in his truck, and that as many as four neighbors were out looking for the man. His father Gregory was one of the people out searching that night, and Gregory and at least one other neighbor were armed.<ref name=":0"/> Police responded and searched the house along with a neighbor, but found no one.<ref name=":0">{{Cite news |title='It just startled me.' Travis McMichael dialed 911 days before shooting |url=https://www.ajc.com/news/crime--law/just-startled-travis-mcmichael-dialed-911-days-before-shooting/cW9EyvfTBkwv6n16B4GT7I/ |last1=Schrade |first1=Brad |first2=Bert Jr. |last2=Roughton |work=[[The Atlanta Journal-Constitution]] |date=May 13, 2020|access-date=May 14, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081329/https://www.ajc.com/news/crime--law/just-startled-travis-mcmichael-dialed-911-days-before-shooting/cW9EyvfTBkwv6n16B4GT7I/|url-status=live}}</ref><ref name=News4video>{{Cite news |title=Video shows person at construction site 12 days before Ahmaud Arbery's death |url=https://www.news4jax.com/news/local/2020/05/13/video-shows-person-at-construction-site-12-days-before-ahmaud-arberys-death/ |last=McLean |first=Joe |date=May 13, 2020 |publisher=[[WJXT]]|access-date=May 14, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081329/https://www.news4jax.com/news/local/2020/05/13/video-shows-person-at-construction-site-12-days-before-ahmaud-arberys-death/|url-status=live}}</ref> However, surveillance video from that evening showed a man who reportedly looked like Arbery, briefly walking in and out of the house under construction. He did not take anything.<ref name=":0"/><ref>{{cite news |url=https://www.firstcoastnews.com/article/news/crime/911-call-by-travis-mcmichael-two-weeks-before-ahmaud-arberys-killing-reveals-moments-after-confrontation/77-906d10fd-0e93-47a5-900b-94668571de41 |title=Listen: 911 call by Travis McMichael reveals moments after confrontation 2 weeks before Ahmaud Arbery's killing |work=[[firstcoastnews.com|First Coast News]] |date=May 14, 2020 |access-date=May 17, 2020 |archive-date=May 24, 2020 |archive-url=https://archive.today/20200524145836/https://www.firstcoastnews.com/article/news/crime/911-call-by-travis-mcmichael-two-weeks-before-ahmaud-arberys-killing-reveals-moments-after-confrontation/77-906d10fd-0e93-47a5-900b-94668571de41 |url-status=live}}</ref> The under-construction house did not have doors or windows.<ref name=bynum12/> |
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No evidence has emerged of Arbery committing burglaries or thefts in Satilla Shores.<ref name=TariroUpdates>{{cite news |last1=Mzezewa |first1=Tariro |title=Arbery Updates: Defense Lawyer Invokes Citizen's Arrest Law |url=https://www.nytimes.com/live/2021/11/05/us/ahmaud-arbery-shooting-trial |access-date=November 22, 2021 |work=[[The New York Times]] |date=November 19, 2021 |archive-url=https://archive.today/20211122131500/https://www.nytimes.com/live/2021/11/05/us/ahmaud-arbery-shooting-trial |archive-date=November 22, 2021 |url-status=live }}</ref><ref name=Jonathan>{{cite news |last1=Allen |first1=Jonathan |title=Prosecution to begin closing argument in Georgia trial over killing of Ahmaud Arbery |url=https://www.reuters.com/legal/government/prosecution-begin-closing-argument-georgia-trial-over-killing-ahmaud-arbery-2021-11-22/ |access-date=November 22, 2021 |work=[[Reuters]] |date=November 22, 2021 |archive-date=November 22, 2021 |archive-url=https://web.archive.org/web/20211122120926/https://www.reuters.com/legal/government/prosecution-begin-closing-argument-georgia-trial-over-killing-ahmaud-arbery-2021-11-22/ |url-status=live }}</ref> |
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===Security cameras and 9-1-1 calls before the shooting=== |
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On February 23, 2020, in the minutes before the shooting, a security camera installed on a residence across the street from a house under construction in the neighborhood, recorded a man identified by his family as Arbery coming down the road and walking into the house.<ref name="AJC" /> A second security camera installed within the house recorded a man identified as Arbery by his family looking at the interior of the house.<ref>{{cite news |last1=Jones |first1=Nick |last2=Wiley |first2=Kelly |title=GBI reviewing additional video in case of Ahmaud Arbery |url=https://www.news4jax.com/news/georgia/2020/05/09/gbi-reviewing-additional-video-in-case-of-ahmaud-arbery/ |accessdate=May 10, 2020 |date=May 9, 2020 |archive-url=https://web.archive.org/web/20200511185453/https://www.news4jax.com/news/georgia/2020/05/09/gbi-reviewing-additional-video-in-case-of-ahmaud-arbery/ |archive-date=May 11, 2020 |url-status=live }}</ref> Approximately five minutes later, he left and resumed going down the street.<ref name="AJC">{{Cite news|title=Security video {{!}} GBI reviewing additional video footage in Ahmaud Arbery case|url=https://www.ajc.com/news/surveillance-video/itEEj5ftMXkbkKeXrCFBTK/|work=[[The Atlanta Journal-Constitution]]|access-date=May 9, 2020|archive-url=https://web.archive.org/web/20200509201441/https://www.ajc.com/news/surveillance-video/itEEj5ftMXkbkKeXrCFBTK/|archive-date=May 9, 2020|url-status=live}}</ref><ref name=Osborne>{{Cite news|title=Authorities investigate new video showing Ahmaud Arbery just prior to shooting|first=Mark |last=Osborne|date=May 9, 2020|url=https://abcnews.go.com/US/authorities-investigate-video-showing-ahmaud-arbery-prior-shooting/story?id=70600564|access-date=May 10, 2020|archive-url=https://web.archive.org/web/20200510181852/https://abcnews.go.com/US/authorities-investigate-video-showing-ahmaud-arbery-prior-shooting/story?id=70600564|archive-date=May 10, 2020|url-status=live}}</ref><ref>{{cite news |last1=Schindler |first1=Anne |last2=Kless |first2=Troy |title=New video in Ahmaud Arbery case offers a view of what happened moments before the deadly shooting |url=https://www.firstcoastnews.com/article/news/crime/video-shows-suspected-burglary-in-ahmaud-arbery-case/77-990e647b-3493-49ab-88ec-3a3d517b19ed |accessdate=May 10, 2020 |work=[[firstcoastnews.com|First Coast News]] |date=May 9, 2020}}</ref> After the man left the house, the first camera on the residence across the street showed a white pickup head in the man's direction, followed a few minutes later by two police cars.<ref name="AJC" /> |
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===Security cameras and 911 calls before the shooting=== |
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Two calls to [[9-1-1]] were also made just before the shooting. In the first call, a male caller said another man was in a house that was "under construction". The 9-1-1 dispatcher asked if the man was "breaking into it right now?" The caller replied: "No ... it's all open." After the caller said the man was now "running down the street", the dispatcher said police would respond. The dispatcher then asked at 1:08 p.m., "I just need to know what he was doing wrong. Was he just on the premises and not supposed to be?" The caller's reply, with some parts garbled, included: "And he's been caught on camera a bunch at night. It's kind of an ongoing thing." The caller identified the man as a "black guy, white T-shirt". In the second call, beginning at 1:14 p.m., a male caller said: "I'm out here at Satilla Shores ...There's a black male running down the street." The 9-1-1 dispatcher asked, "Where at Satilla Shores?" The caller replied: "I don't know what street we're on." The caller was then heard shouting, "Stop! ... Watch that. Stop, damn it! Stop!" The dispatcher tried to speak to the caller but did not receive a reply for several minutes. The caller later hung up.<ref name="HobbsApril29">{{cite news|last1=Hobbs|first1=Larry|date=April 29, 2020|title=Dispatcher: 'What was he doing wrong?'|work=[[The Brunswick News]]|url=https://thebrunswicknews.com/news/local_news/dispatcher-what-was-he-doing-wrong/article_fe51cdd4-3bb6-5815-9dec-ddcdc8f879f8.html|url-status=live|accessdate=May 7, 2020|archive-url=https://web.archive.org/web/20200508005025/https://thebrunswicknews.com/news/local_news/dispatcher-what-was-he-doing-wrong/article_fe51cdd4-3bb6-5815-9dec-ddcdc8f879f8.html|archive-date=May 8, 2020}}</ref> |
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On February 23, in the minutes before the shooting, a security camera installed on a residence across the street from the house under construction, recorded a man identified by his family as Arbery walking down the road and into the house.<ref name="AJC" /> A second security camera installed within the house recorded a man, identified as Arbery by his family, looking at the interior of the house.<ref>{{cite news |last1=Jones |first1=Nick |last2=Wiley |first2=Kelly |title=GBI reviewing additional video in case of Ahmaud Arbery |url=https://www.news4jax.com/news/georgia/2020/05/09/gbi-reviewing-additional-video-in-case-of-ahmaud-arbery/ |access-date=May 10, 2020 |date=May 9, 2020 |archive-url=https://web.archive.org/web/20200511185453/https://www.news4jax.com/news/georgia/2020/05/09/gbi-reviewing-additional-video-in-case-of-ahmaud-arbery/ |archive-date=May 11, 2020 |url-status=live}}</ref> Approximately five minutes later, he left and began jogging down the street.<ref name="AJC">{{Cite news |title=GBI reviewing additional video footage in Ahmaud Arbery case |url=https://www.ajc.com/news/crime--law/gbi-reviewing-new-video-footage-ahmaud-arbery-case/xvSWFTbaD0k9cr80R7CTnL/ |archive-url=https://web.archive.org/web/20200509201848/https://www.ajc.com/news/crime--law/gbi-reviewing-new-video-footage-ahmaud-arbery-case/xvSWFTbaD0k9cr80R7CTnL/ |work=[[The Atlanta Journal-Constitution]] |access-date=May 9, 2020 |first1=Brad |last1=Schrade |date=May 9, 2020 |first2=Bert Jr. |last2=Roughton |archive-date=May 9, 2020|url-status=live}}</ref><ref name=Osborne>{{Cite news |title=Authorities investigate new video showing Ahmaud Arbery just prior to shooting |first=Mark |last=Osborne |date=May 9, 2020 |url=https://abcnews.go.com/US/authorities-investigate-video-showing-ahmaud-arbery-prior-shooting/story?id=70600564|access-date=May 10, 2020|archive-url=https://web.archive.org/web/20200510181852/https://abcnews.go.com/US/authorities-investigate-video-showing-ahmaud-arbery-prior-shooting/story?id=70600564|archive-date=May 10, 2020|url-status=live}}</ref><ref>{{cite news |last1=Schindler |first1=Anne |last2=Kless |first2=Troy |title=New video in Ahmaud Arbery case offers a view of what happened moments before the deadly shooting |url=https://www.firstcoastnews.com/article/news/crime/video-shows-suspected-burglary-in-ahmaud-arbery-case/77-990e647b-3493-49ab-88ec-3a3d517b19ed |access-date=May 10, 2020 |work=[[firstcoastnews.com|First Coast News]] |date=May 9, 2020 |archive-date=May 10, 2020 |archive-url=https://archive.today/20200510012852/https://www.firstcoastnews.com/article/news/crime/video-shows-suspected-burglary-in-ahmaud-arbery-case/77-990e647b-3493-49ab-88ec-3a3d517b19ed |url-status=live}}</ref> After the man left the house, the first camera on the residence across the street showed a white pickup heading in the man's direction, followed a few minutes later by two police cars.<ref name="AJC" /> The owner of the home under-construction later revealed that no crimes were committed on the property.<ref>{{cite web |author=Christina Maxouris |title=Homeowner says no crime was committed at under-construction home Ahmaud Arbery may have visited before shooting |url=https://www.cnn.com/2020/05/13/us/ahmaud-arbery-wednesday-surveillance-video/index.html |website=CNN |date=May 13, 2020 |access-date=1 March 2022 |archive-date=February 19, 2022 |archive-url=https://web.archive.org/web/20220219183713/https://www.cnn.com/2020/05/13/us/ahmaud-arbery-wednesday-surveillance-video/index.html |url-status=live }}</ref> |
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Two calls to the Glynn-Brunswick 911 dispatcher were made just before the shooting. In the first, a then-unidentified male caller said another man was in a house that was "under construction". The 911 dispatcher asked if the man was "breaking into it right now?" The caller replied: "No ... it's all open." After the caller said the man was now "running down the street", the dispatcher said police would respond. The dispatcher asked at 1:08 p.m., "I just need to know what he was doing wrong. Was he just on the premises and not supposed to be?" The caller responded, with some parts garbled, saying: "And he's been caught on camera a bunch at night. It's kind of an ongoing thing." The caller identified the man as a "black guy, white T-shirt".<ref name="HobbsApril29"/> The first caller was later identified in court as neighbor Matthew Albenze.<ref name="Hauck">{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Habersham |first2=Raisa |last3=Hauck |first3=Grace |title=Georgia man who called police on Ahmaud Arbery describes 'shocking scene' in the street after shooting |url=https://www.usatoday.com/story/news/nation/2021/11/10/ahmaud-arbery-witness-called-police-murder-trial/6368046001/ |access-date=November 15, 2021 |work=[[USA Today]] |date=November 10, 2021 |archive-date=November 13, 2021 |archive-url=https://web.archive.org/web/20211113114907/https://www.usatoday.com/story/news/nation/2021/11/10/ahmaud-arbery-witness-called-police-murder-trial/6368046001/ |url-status=live }}</ref> |
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In the second call, beginning at 1:14 p.m., a male caller said: "I'm out here at Satilla Shores ...There's a black male running down the street." The 911 dispatcher asked, "Where at Satilla Shores?" The caller replied: "I don't know what street we're on." The caller shouted, "Stop! ... Watch that. Stop, damn it! Stop!" The dispatcher tried to speak to the caller but did not receive a reply for several minutes. The caller later hung up.<ref name="HobbsApril29">{{cite news |last1=Hobbs |first1=Larry |date=April 29, 2020 |title=Dispatcher: 'What was he doing wrong?' |work=[[The Brunswick News]] |url=https://thebrunswicknews.com/news/local_news/dispatcher-what-was-he-doing-wrong/article_fe51cdd4-3bb6-5815-9dec-ddcdc8f879f8.html|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508005025/https://thebrunswicknews.com/news/local_news/dispatcher-what-was-he-doing-wrong/article_fe51cdd4-3bb6-5815-9dec-ddcdc8f879f8.html|archive-date=May 8, 2020}}</ref> The second caller was later identified in court as Gregory McMichael.<ref name=Sayers/> |
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=== Responding officer's report === |
=== Responding officer's report === |
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The GCPD |
The GCPD reached the [[Crime scene|scene]] immediately after the fatal shooting. The responding officer's report relied almost entirely on an interview with Gregory McMichael,<ref name="FaussetApril26" /> who was described as a [[witness]].<ref name="Incident Report" /><ref name="HobbsApril2">{{Cite news |last=Hobbs |first=Larry |date=April 2, 2020 |title=Police report sheds more light on Satilla Shores shooting |work=[[The Brunswick News]] |url=https://thebrunswicknews.com/news/local_news/police-report-sheds-more-light-on-satilla-shores-shooting/article_2d7c05c8-36d3-55b5-ae11-60ea763095b3.html|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200504010950/https://thebrunswicknews.com/news/local_news/police-report-sheds-more-light-on-satilla-shores-shooting/article_2d7c05c8-36d3-55b5-ae11-60ea763095b3.html|archive-date=May 4, 2020}}</ref> |
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Gregory said he was in |
Gregory said he was in his yard when he saw an unidentified man running by.<ref name=HobbsApril2 /> He said he recognized the man from a prior incident "the other night", when he said he saw the man reach into his pants as if for a weapon. He called to his son Travis and said, "The guy is running down the street; let's go".<ref name="Incident Report">{{Cite web |title=Public Release Incident Report for G20-11303 |url=https://int.nyt.com/data/documenthelper/6915-arbery-shooting/b52fa09cdc974b970b79/optimized/full.pdf |publisher=Glynn County Police Department |via=[[The New York Times]]|url-status=live|archive-url=https://web.archive.org/web/20200502005725/https://int.nyt.com/data/documenthelper/6915-arbery-shooting/b52fa09cdc974b970b79/optimized/full.pdf|archive-date=May 2, 2020|access-date=May 7, 2020}}</ref> Gregory brought a [[.357 Magnum]] [[revolver]], while Travis brought a [[shotgun]] in their pickup truck.<ref name="FaussetMay10">{{cite news |last1=Fausset |first1=Richard |date=May 5, 2020 |title=What We Know About the Shooting Death of Ahmaud Arbery |work=[[The New York Times]] |url=https://www.nytimes.com/article/ahmaud-arbery-shooting-georgia.html|url-status=live|url-access=limited|access-date=May 11, 2020|archive-url=https://archive.today/20200511074019/https://www.nytimes.com/article/ahmaud-arbery-shooting-georgia.html|archive-date=May 11, 2020}}</ref><ref name="Incident Report" /><ref name=HobbsApril2 /> The McMichaels said they pursued the man because he resembled a [[suspect]] in a string of local [[Burglary|burglaries]]. But the police said there had been only one recent theft from an unlocked car in the neighborhood.<ref name="CNNPreviousInvestigation"/> |
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Travis attempted to cut off the man with |
Travis attempted to cut off the man with his truck. The man turned and began "running back in the direction from which he came".<ref name=HobbsApril2 /> The report states that Bryan, who was erroneously identified as "Roddy{{sic}}", also tried to cut off the man, but failed.<ref name=BurkeMay10 /><ref name="CollinsMay6">{{cite news |last1=Collins |first1=Sean |date=May 6, 2020 |title=The killing of Ahmaud Arbery, an unarmed black jogger in Georgia, explained |work=[[Vox (website)|Vox]] |url=https://www.vox.com/identities/2020/5/6/21249202/ahmaud-arbery-jogger-killed-in-georgia-video-shooting-grand-jury|url-status=live|access-date=May 7, 2020|archive-url=https://archive.today/20200507153207/https://www.vox.com/identities/2020/5/6/21249202/ahmaud-arbery-jogger-killed-in-georgia-video-shooting-grand-jury|archive-date=May 7, 2020 |quote=The video then shows the black man trying to run around the truck. It's not possible to see what happens next, but there's a gunshot; the black man and the white man who was standing in the road reappear in the frame, engaged in a struggle... }}</ref> Gregory said he saw the unidentified man and yelled: "Stop, stop, we want to talk to you", and that they pulled up to the man, with Travis exiting the truck with the shotgun in hand. Gregory claimed the man "began to violently attack Travis" before two shots were fired.<ref name="FaussetMay10" /><ref name=HobbsApril2 /> The man died at the scene after "[[Exsanguination|bleeding out]]", the report concluded. Authorities later identified the man as Arbery.<ref name=HobbsApril2 /> |
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=== Autopsy === |
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The autopsy report released by the GBI ruled Arbery's death was a homicide |
The [[autopsy]] report released by the GBI ruled Arbery's death was a [[homicide]] caused by three [[gunshot wound]]s he sustained "during a struggle for the shotgun" that fired those shots.<ref name=Ellis>{{Cite news |title=Autopsy: Ahmaud Arbery was shot twice in the chest, grazed on wrist during 'struggle for shotgun' |url=https://www.usatoday.com/story/news/nation/2020/05/12/ahmaud-arbery-video-shooting-autopsy-prosecutors-investigated/3114597001/ |date=May 12, 2020 |last=Ellis |first=Nicquel Terry |work=[[USA Today]] |access-date=May 18, 2020 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126190951/https://www.usatoday.com/story/news/nation/2020/05/12/ahmaud-arbery-video-shooting-autopsy-prosecutors-investigated/3114597001/ |url-status=live }}</ref><ref>{{Cite news |title=Ahmaud Arbery's death ruled a homicide |url=https://www.abccolumbia.com/2020/05/13/ahmaud-arberys-death-ruled-a-homicide/ |first=Kate |last=Hodgson |date=May 13, 2020 |publisher=[[WOLO-TV]]|access-date=May 21, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081339/https://www.abccolumbia.com/2020/05/13/ahmaud-arberys-death-ruled-a-homicide/|url-status=live}}</ref><ref>{{Cite news |title=Ahmaud Arbery was struck twice in the chest by shotgun blasts, autopsy shows |url=https://www.nbcnews.com/news/us-news/ahmaud-arbery-was-struck-twice-chest-shotgun-blasts-autopsy-shows-n1204921 |date=May 12, 2020 |last=Stelloh |first=Tim |publisher=[[NBC News]]|access-date=May 18, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081331/https://www.nbcnews.com/news/us-news/ahmaud-arbery-was-struck-twice-chest-shotgun-blasts-autopsy-shows-n1204921|url-status=live}}</ref> One gunshot wounded the upper left chest, one gunshot wounded the lower middle chest, and one gunshot caused a "deep, gaping" graze wound to the right wrist. There were no alcohol or drugs in Arbery's body, other than a "tiny amount" of [[Tetrahydrocannabinol|THC]], the psychoactive component of [[Cannabis (drug)|cannabis]].<ref name=HolcombeMay12>{{cite news |first=Madeline |last=Holcombe |url=https://www.cnn.com/2020/05/12/us/ahmaud-arbery-video-william-bryan/index.html |title=As autopsy report shows Ahmaud Arbery was shot twice in the chest, GBI investigates recused DAs |publisher=[[CNN]] |date=May 12, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081356/https://www.cnn.com/2020/05/12/us/ahmaud-arbery-video-william-bryan/index.html |url-status=live}}</ref><ref>{{Cite news |last=Allen |first=Jonathan |date=November 4, 2021 |title=Trace of THC in Ahmaud Arbery's blood will not be disclosed to jury, U.S. judge rules |language=en |work=Reuters |url=https://www.reuters.com/legal/government/trace-thc-ahmaud-arberys-blood-will-not-be-disclosed-jury-us-judge-rules-2021-11-04/ |access-date=November 6, 2021 |archive-date=November 5, 2021 |archive-url=https://web.archive.org/web/20211105170533/https://www.reuters.com/legal/government/trace-thc-ahmaud-arberys-blood-will-not-be-disclosed-jury-us-judge-rules-2021-11-04/ |url-status=live }}</ref> |
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==Case handling by prosecutors== |
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==Legal proceedings== |
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=== Brunswick Judicial Circuit District Attorney === |
=== Brunswick Judicial Circuit District Attorney === |
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The case started under the jurisdiction of Brunswick Judicial Circuit District Attorney Jackie Johnson |
The case started under the jurisdiction of Brunswick Judicial Circuit District Attorney '''Jackie Johnson'''.<ref name="WootsonMay10">{{cite news |last1=Wootson |first1=Cleve Jr. |last2=Itkowitz |first2=Colby |date=May 10, 2020 |title=New video said to show moments leading up to Georgia jogger Ahmaud Arbery's death |newspaper=[[The Washington Post]] |url=https://www.washingtonpost.com/nation/2020/05/09/georgia-attorney-general-investigate-local-officials-handling-ahmaud-arberys-murder/|url-status=live|access-date=May 10, 2020|archive-url=https://archive.today/20200510071404/https://www.washingtonpost.com/nation/2020/05/09/georgia-attorney-general-investigate-local-officials-handling-ahmaud-arberys-murder/|archive-date=May 10, 2020}}</ref><ref name=BooneMay8>{{cite news |last1=Boone |first1=Christian |last2=Roughton |first2=Bert Jr. |date=May 8, 2020 |title=Glynn County commissioners say DA blocked arrests after fatal shooting |newspaper=[[The Atlanta Journal-Constitution]] |url=https://www.ajc.com/news/local/watch-gbi-updates-following-arrests-ahmaud-arbery-shooting/1aJbZe2uL9HrndjyWYjB2L/|url-status=live|archive-url=https://web.archive.org/web/20200509045451/https://www.ajc.com/news/local/watch-gbi-updates-following-arrests-ahmaud-arbery-shooting/1aJbZe2uL9HrndjyWYjB2L/ |access-date=December 1, 2021 |archive-date=May 9, 2020}}</ref> Because Gregory McMichael had previously worked as an investigator in her office, Johnson recused herself from further involvement in the case.<ref>{{cite news |last1=Wiley |first1=Kelly |last2=Patrick |first2=Steve |date=May 7, 2020 |title=Ware County prosecutor saw 'no grounds for arrest' before passing on Arbery shooting death |publisher=[[WJXT]] |url=https://www.news4jax.com/news/local/2020/05/07/ware-county-prosecutor-saw-no-grounds-for-arrests-before-passing-on-arbery-shooting-death/|url-status=live|access-date=May 8, 2020|archive-url=https://web.archive.org/web/20200508015854/https://www.news4jax.com/news/local/2020/05/07/ware-county-prosecutor-saw-no-grounds-for-arrests-before-passing-on-arbery-shooting-death/|archive-date=May 8, 2020}}</ref> On February 27, 2020, the case was transferred by the Georgia Attorney General's Office to the Waycross Judicial Circuit District Attorney's office. The Waycross Judicial Circuit is south of Brunswick Judicial Circuit.<ref name=":1">{{Cite web |title=Waycross Judicial Circuit |url=https://firstjudicialdistrict.org/waycross-judicial-circuit/ |publisher=First Judicial District|access-date=May 24, 2020|archive-date=August 25, 2017|archive-url=https://web.archive.org/web/20170825000921/http://firstjudicialdistrict.org/waycross-judicial-circuit/|url-status=live}}</ref> |
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On March 8, two Glynn County commissioners, citing discussions with Glynn County police, accused Johnson, or her office, of preventing the McMichaels' immediate arrest. Commissioner Allen Booker said: "The police at the scene went to her, saying they were ready to arrest both of them. These were the police at the scene who had done the investigation. She shut them down to protect her friend [Gregory] McMichael." Commissioner Peter Murphy said that officers who responded at the scene had concluded that there was probable cause to make an arrest, but when they contacted Johnson's office, they "were told not to make the arrest."<ref name=BooneMay8 /> |
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'''Dispute with the GCPD over whether to make arrests''' |
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Johnson's office said that Johnson did not "have any conversation with any GCPD officer about this case" on February 23, and that "no Assistant District Attorney in the office directed any Glynn County police officer not to make an arrest".<ref name=WootsonMay10 /> Johnson's office also blamed the GCPD for being "unable to make a probable cause determination on its own" and argued that it was the local police's responsibility, not the District Attorney's responsibility, to make arrests.<ref>{{cite news |last1=Cooper |first1=Taylor |title=County, DA's office play blame game over lack of McMichael arrest in February |url=https://thebrunswicknews.com/news/local_news/county-das-office-play-blame-game-over-lack-of-mcmichael-arrest-in-february/article_e20361d9-45e0-5d1b-885e-842b84d46acc.html |access-date=May 10, 2020 |work=[[The Brunswick News]] |date=May 9, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081349/https://thebrunswicknews.com/news/local_news/county-das-office-play-blame-game-over-lack-of-mcmichael-arrest-in-february/article_e20361d9-45e0-5d1b-885e-842b84d46acc.html |url-status=live}}</ref> It is common for police to consult with the district attorney's office in the aftermath of homicides or other complex cases.<ref name=WootsonMay10 /> |
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On May 9, the GCPD said that on February 23 |
On May 9, the GCPD said that on February 23 the Brunswick District Attorney's Office "became involved in the investigation ... The McMichaels were deemed not to be flight risks and officers were advised by the [Brunswick District Attorney's Office] that no arrests were necessary at the time."<ref name=WootsonMay10 /><ref name="wjxt DA advised"/> |
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On February 28, 2022, it was reported that the state bar dismissed complaints filed by Georgia lawmakers against former Brunswick Judicial Circuit District Attorney Jackie Johnson and Waycross Judicial Circuit DA George Barnhill.<ref name="Szilagy">{{cite news |last1=Szilagy |first1=Jessica |title=Georgia Lawmakers Upset After State Bar Dismisses Complaints Against Attorneys |url=https://www.thegeorgiavirtue.com/georgia-politics/georgia-lawmakers-upset-after-state-bar-dismisses-complaints-against-attorneys/ |access-date=2 March 2022 |date=March 1, 2022 |archive-date=March 2, 2022 |archive-url=https://web.archive.org/web/20220302202224/https://www.thegeorgiavirtue.com/georgia-politics/georgia-lawmakers-upset-after-state-bar-dismisses-complaints-against-attorneys/ |url-status=live }}</ref> |
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=== Waycross Judicial Circuit District Attorney === |
=== Waycross Judicial Circuit District Attorney === |
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Waycross Judicial Circuit District Attorney George Barnhill gave Glynn County police "an initial opinion the day after the shooting" on February 24, according to a memorandum written by Barnhill to Glynn County police on April 2.<ref name=KingMay8>{{cite news |last1=King |first1=Michael |title=First two DAs in Arbery case forced to recuse themselves before 3rd DA moved forward |url=https://www.11alive.com/article/news/crime/ahmaud-arbrey-case-first-2-das-connected-to-greg-mcmichael/85-57226cbd-de11-4369-8a76-284a52f0aeab |accessdate=May 11, 2020 |work=[[11 Alive]] |date=May 8, 2020}}</ref><ref name=MayesMay11>{{cite news |last1=Mayes |first1=Aisha |title=Attorney General Carr asks Department of Justice to investigate handling of Arbery case |url=https://wgxa.tv/news/local/attorney-general-carr-asks-department-of-justice-to-investigate-handling-of-arbery-case |accessdate=May 11, 2020 |work=[[WGXA]] |date=May 11, 2020}}</ref> In the April 2 memorandum, Barnhill wrote: "The autopsy supports the initial opinion we gave you on February 24, at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties."<ref name=WileyMay8>{{cite news |last1=Wiley |first1=Kelly |last2=Patrick |first2=Steve |last3=Bynum |first3=Russ |title=Outrage over delayed arrest in Glynn County slaying |url=https://www.news4jax.com/news/georgia/2020/05/08/outrage-over-delayed-arrest-in-glynn-county-slaying/ |accessdate=May 11, 2020 |work=[[News4Jax]] |agency=[[Associated Press]] |date=May 8, 2020}}</ref> Barnhill had not yet been appointed to handle Arbery's case on February 24, and he also had not put in a request to handle the case, wrote the Office of the Georgia Attorney General on May 10.<ref name=MayesMay11 /><ref name=CarrMay10>{{cite web|title=Carr Requests DOJ to Conduct Investigation into Handling of Ahmaud Arbery Case |url=https://law.georgia.gov/press-releases/2020-05-10/carr-requests-doj-conduct-investigation-handling-ahmaud-arbery-case |accessdate=May 11, 2020 |publisher=Office of the [[Attorney General of Georgia]] |date=May 10, 2020}}</ref> |
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The GCPD said that on February 24, Waycross Judicial Circuit District Attorney George Barnhill told them that the murder of Arbery "was justifiable homicide."<ref name=WootsonMay10 /><ref name=DB>{{cite news |last1=Glawe |first1=Justin |title=Meth, Murder, and Madness: The System That Buried Ahmaud Arbery |url=https://www.thedailybeast.com/meth-murder-and-madness-the-system-that-buried-ahmaud-arbery |access-date=May 10, 2020 |work=[[The Daily Beast]] |date=May 9, 2020 |archive-url=https://web.archive.org/web/20200509173206/https://www.thedailybeast.com/meth-murder-and-madness-the-system-that-buried-ahmaud-arbery |archive-date=May 9, 2020 |url-status=live}}</ref><ref name=BrunswickNews>{{cite news |title=County issues statement on Arbery shooting |url=https://thebrunswicknews.com/breaking/county-issues-statement-on-arbery-shooting/article_8d33e189-f31f-5ea6-be6d-b8d4abe13af3.html |access-date=May 10, 2020 |work=[[The Brunswick News]] |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081343/https://thebrunswicknews.com/breaking/county-issues-statement-on-arbery-shooting/article_8d33e189-f31f-5ea6-be6d-b8d4abe13af3.html |url-status=live}}</ref> According to a memorandum written by Barnhill to the GCPD on April 2, Barnhill gave the GCPD "an initial opinion the day after the shooting" on February 24.<ref name=KingMay8>{{cite news |last1=King |first1=Michael |title=First two DAs in Arbery case forced to recuse themselves before 3rd DA moved forward |url=https://www.11alive.com/article/news/crime/ahmaud-arbrey-case-first-2-das-connected-to-greg-mcmichael/85-57226cbd-de11-4369-8a76-284a52f0aeab |access-date=May 11, 2020 |work=[[WXIA-TV|11 Alive]] |date=May 8, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081338/https://www.11alive.com/article/news/crime/ahmaud-arbrey-case-first-2-das-connected-to-greg-mcmichael/85-57226cbd-de11-4369-8a76-284a52f0aeab |url-status=live }}</ref><ref name=MayesMay11>{{cite news |last1=Mayes |first1=Aisha |title=Attorney General Carr asks Department of Justice to investigate handling of Arbery case |url=https://wgxa.tv/news/local/attorney-general-carr-asks-department-of-justice-to-investigate-handling-of-arbery-case |access-date=May 11, 2020 |publisher=[[WGXA]] |date=May 11, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081337/https://wgxa.tv/news/local/attorney-general-carr-asks-department-of-justice-to-investigate-handling-of-arbery-case |url-status=live}}</ref> In the April 2 memorandum, Barnhill wrote: "The autopsy supports the initial opinion we gave you on February 24, at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties."<ref name=WileyMay8>{{cite news |last1=Wiley |first1=Kelly |last2=Patrick |first2=Steve |last3=Bynum |first3=Russ |title=Outrage over delayed arrest in Glynn County slaying |url=https://www.news4jax.com/news/georgia/2020/05/08/outrage-over-delayed-arrest-in-glynn-county-slaying/ |access-date=May 11, 2020 |work=[[News4Jax]] |agency=[[Associated Press]] |date=May 8, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081410/https://www.news4jax.com/news/georgia/2020/05/08/outrage-over-delayed-arrest-in-glynn-county-slaying/ |url-status=live}}</ref> But, according to the Office of the Georgia Attorney General on May 10, Barnhill had not yet been appointed to handle Arbery's case on February 24, and he had not put in a request to handle the case.<ref name=MayesMay11 /><ref name=CarrMay10>{{cite press release |title=Carr Requests DOJ to Conduct Investigation into Handling of Ahmaud Arbery Case |url=https://law.georgia.gov/press-releases/2020-05-10/carr-requests-doj-conduct-investigation-handling-ahmaud-arbery-case |access-date=May 11, 2020 |publisher=Office of the [[Attorney General of Georgia]] |date=May 10, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081439/https://law.georgia.gov/press-releases/2020-05-10/carr-requests-doj-conduct-investigation-handling-ahmaud-arbery-case |url-status=live}}</ref> |
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The Georgia Attorney General's Office on May 10 characterized the following events as happening on February 27: the Georgia Attorney General's Office received the request from Jackson's office to transfer Arbery's case to another prosecutor. On the same day, the Georgia Attorney General's Office appointed Barnhill as the presiding prosecutor. Neither Jackson nor Barnhill informed the Georgia Attorney General's Office that Barnhill had already actively participated in the case by reviewing evidence and giving his opinion on whether arrests should occur.<ref name=MayesMay11 /><ref name=CarrMay10 /> |
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The Georgia Attorney General's Office on May 10 identified the following events as having happened on February 27: the Georgia Attorney General's Office received the request from Johnson's office to transfer Arbery's case to another prosecutor. On the same day, the Georgia Attorney General's Office appointed Barnhill as the presiding prosecutor. Neither Johnson nor Barnhill informed the Georgia Attorney General's Office that Barnhill had already actively participated in the case by reviewing evidence and giving his opinion on whether arrests should occur.<ref name=MayesMay11 /><ref name=CarrMay10 /> |
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On April 1, Arbery's autopsy report was given to Barnhill.<ref name=AndersonMay9>{{cite news |last1=Anderson |first1=Joel |title=The District Attorney Who Saw "No Grounds for Arrest" in the Killing of Ahmaud Arbery Has a History |url=https://slate.com/news-and-politics/2020/05/ahmaud-arbery-george-barnhill-olivia-pearson.html |accessdate=May 11, 2020 |work=[[Slate (magazine)|Slate]] |date=May 9, 2020 |archive-url=https://web.archive.org/web/20200511010841/https://slate.com/news-and-politics/2020/05/ahmaud-arbery-george-barnhill-olivia-pearson.html |archive-date=May 11, 2020 |url-status=live }}</ref> On April 2, Barnhill wrote a memorandum to Glynn County police, recommending that no arrests be made.<ref name=MayesMay11 /><ref name="GlaweMay6">{{cite news|last1=Glawe|first1=Justin|date=May 6, 2020|title='It's Murder': This Shooting of an Unarmed Black Man Is Roiling Georgia|work=[[The Daily Beast]]|url=https://www.thedailybeast.com/the-shooting-of-ahmaud-arbery-an-unarmed-black-man-is-roiling-georgia|url-status=live|accessdate=May 7, 2020|archive-url=https://archive.today/20200507213755/https://www.thedailybeast.com/the-shooting-of-ahmaud-arbery-an-unarmed-black-man-is-roiling-georgia|archive-date=May 7, 2020}}</ref> Barnhill wrote that the McMichaels were within their rights to chase "a burglary suspect, with solid firsthand probable cause".<ref name="FaussetMay10" /><ref name=AndersonMay9 /> that "Arbery initiated the fight"; that Travis McMichael "was allowed to use deadly force to protect himself" when "Arbery grabbed the shotgun".<ref name=AndersonMay9 /><ref name="Li">{{Cite news|last1=Li|first1=David|date=May 1, 2020|title=No arrests after black man shot dead while jogging|website=[[NBC News]]|url=https://www.nbcnews.com/news/us-news/black-man-shot-dead-while-jogging-southeast-georgia-two-months-n1196621|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.nbcnews.com/news/us-news/black-man-shot-dead-while-jogging-southeast-georgia-two-months-n1196621|archive-date=May 7, 2020}}</ref> |
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On April 1, Arbery's autopsy report was given to Barnhill.<ref name=AndersonMay9>{{cite news |last1=Anderson |first1=Joel |title=The District Attorney Who Saw "No Grounds for Arrest" in the Killing of Ahmaud Arbery Has a History |url=https://slate.com/news-and-politics/2020/05/ahmaud-arbery-george-barnhill-olivia-pearson.html |access-date=May 11, 2020 |work=[[Slate (magazine)|Slate]] |date=May 9, 2020 |archive-url=https://web.archive.org/web/20200511010841/https://slate.com/news-and-politics/2020/05/ahmaud-arbery-george-barnhill-olivia-pearson.html |archive-date=May 11, 2020 |url-status=live}}</ref> On April 2, Barnhill wrote a memorandum to Glynn County police, recommending that no arrests be made.<ref name=MayesMay11 /><ref name="GlaweMay6">{{cite news |last1=Glawe |first1=Justin |date=May 6, 2020 |title='It's Murder': This Shooting of an Unarmed Black Man Is Roiling Georgia |work=[[The Daily Beast]] |url=https://www.thedailybeast.com/the-shooting-of-ahmaud-arbery-an-unarmed-black-man-is-roiling-georgia|url-status=live|access-date=May 7, 2020|archive-url=https://archive.today/20200507213755/https://www.thedailybeast.com/the-shooting-of-ahmaud-arbery-an-unarmed-black-man-is-roiling-georgia|archive-date=May 7, 2020}}</ref> Barnhill wrote that the McMichaels were within their rights to chase "a burglary suspect, with solid firsthand probable cause";<ref name="FaussetMay10" /><ref name=AndersonMay9 /> that "Arbery initiated the fight"; and that Travis McMichael "was allowed to use deadly force to protect himself" when "Arbery grabbed the shotgun".<ref name=AndersonMay9 /><ref name="Li">{{Cite news |last1=Li |first1=David |date=May 1, 2020 |title=No arrests after black man shot dead while jogging |publisher=[[NBC News]] |url=https://www.nbcnews.com/news/us-news/black-man-shot-dead-while-jogging-southeast-georgia-two-months-n1196621|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.nbcnews.com/news/us-news/black-man-shot-dead-while-jogging-southeast-georgia-two-months-n1196621|archive-date=May 7, 2020}}</ref> |
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Barnhill pointed to Georgia's citizen arrest law as justifying the killing of Arbery (the Georgia law states that either a crime must be committed within the citizen's "immediate knowledge", or there must be "reasonable and probable grounds of suspicion" for a felony crime).<ref>{{cite news |last1=Robles |first1=Frances |title=The Citizen’s Arrest Law Cited in Arbery’s Killing Dates Back to the Civil War |url=https://web.archive.org/web/20200514205020/https://www.nytimes.com/article/ahmaud-arbery-citizen-arrest-law-georgia.html |accessdate=May 15, 2020 |work=[[The New York Times]] |date=May 13, 2020 |archiveurl=https://web.archive.org/web/20200514205020/https://www.nytimes.com/article/ahmaud-arbery-citizen-arrest-law-georgia.html |archivedate=May 14, 2020}}</ref> Barnhill alleged that videos of Arbery entering the home under construction on the day of the shooting showed Arbery "burglarizing a home immediately preceding the chase and confrontation."<ref name="FaussetApril26">{{cite news|last1=Fausset|first1=Richard|date=April 26, 2020|title=Two Weapons, a Chase, a Killing and No Charges|work=[[The New York Times]]|url=https://www.nytimes.com/2020/04/26/us/ahmed-arbery-shooting-georgia.html|url-status=live|url-access=limited|accessdate=May 6, 2020|archiveurl=https://archive.today/20200505194913/https://www.nytimes.com/2020/04/26/us/ahmed-arbery-shooting-georgia.html|archivedate=May 5, 2020}}</ref> The attorneys representing the Arbery family reacted: "This video is consistent with the evidence already known to us. Ahmaud Arbery was out for a jog. He stopped by a property under construction where he engaged in no illegal activity and remained for only a brief period. Ahmaud did not take anything from the construction site. He did not cause any damage to the property. He remained for a brief period of time and was not instructed by anyone to leave but rather left on his own accord to continue his jog. Ahmaud's actions at this empty home under construction were in no way a felony under Georgia law. This video confirms Mr. Arbery's murder was not justified, meaning the actions of the men who pursued him and ambushed him were unjustified."<ref name=Osborne /> The owner of the unfinished home, who was 90 miles away at the time of the shooting, later said, "I've never had a police report [on my property], or anything stolen from my property, or any kind of robbery."<ref name=WootsonMay10 /> Barnhill also wrote that "Arbery's mental health and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man."<ref name="FaussetMay10" /><ref>{{cite news |title=Ahmaud Arbery's family calls for immediate arrests in his death |url=https://www.aljazeera.com/news/2020/05/ahmaud-arbery-family-calls-arrests-death-200507122209498.html |accessdate=May 11, 2020 |work=[[Al Jazeera]] |date=May 8, 2020 |archive-url=https://web.archive.org/web/20200509103511/https://www.aljazeera.com/news/2020/05/ahmaud-arbery-family-calls-arrests-death-200507122209498.html |archive-date=May 9, 2020 |url-status=live }}</ref> Lastly, Barnhill informed the Glynn County police that he was going to recuse from the case due to connections between his son and Gregory McMichael.<ref name=HaneyMay8>{{cite news |last1=Haney |first1=Adrianne |title=Recused District Attorney found 'insufficient probable cause' for immediate arrests in Ahmaud Arbery case |url=https://www.khou.com/article/news/crime/ahmaud-arbery-case-had-insufficient-probable-cause-recused-da/85-78cfa666-728c-48e6-9f99-9917b1249eb0 |accessdate=May 11, 2020 |work=[[KHOU 11]] |date=May 8, 2020}}</ref> |
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Barnhill cited Georgia's citizen arrest law, dating to the Civil War era, as justifying the murder of Arbery (the Georgia law says that either a crime must be committed within the citizen's "immediate knowledge", or there must be "reasonable and probable grounds of suspicion" for a felony crime).<ref>{{cite news |last1=Robles |first1=Frances |title=The Citizen's Arrest Law Cited in Arbery's Killing Dates Back to the Civil War |url=https://www.nytimes.com/article/ahmaud-arbery-citizen-arrest-law-georgia.html |access-date=May 15, 2020 |work=[[The New York Times]] |date=May 13, 2020 |archive-url=https://web.archive.org/web/20200514205020/https://www.nytimes.com/article/ahmaud-arbery-citizen-arrest-law-georgia.html |archive-date=May 14, 2020}}</ref> Barnhill alleged that videos of Arbery entering the home under construction on the day of the shooting showed Arbery "burglarizing a home immediately preceding the chase and confrontation."<ref name="FaussetApril26">{{cite news |last1=Fausset |first1=Richard |date=April 26, 2020 |title=Two Weapons, a Chase, a Killing and No Charges |work=[[The New York Times]] |url=https://www.nytimes.com/2020/04/26/us/ahmed-arbery-shooting-georgia.html|url-status=live|url-access=limited|access-date=May 6, 2020|archive-url=https://archive.today/20200505194913/https://www.nytimes.com/2020/04/26/us/ahmed-arbery-shooting-georgia.html|archive-date=May 5, 2020}}</ref> |
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The attorneys representing the Arbery family responded: "This video is consistent with the evidence already known to us. Ahmaud Arbery was out for a jog. He stopped by a property under construction where he engaged in no illegal activity and remained for only a brief period. Ahmaud did not take anything from the construction site. He did not cause any damage to the property. He remained for a brief period of time and was not instructed by anyone to leave but rather left on his own accord to continue his jog. Ahmaud's actions at this empty home under construction were in no way a felony under Georgia law. This video confirms Mr. Arbery's murder was not justified, meaning the actions of the men who pursued him and ambushed him were unjustified."<ref name=Osborne /> |
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The Georgia Attorney General's Office on May 10 characterized the following events as happening on April 7: it received a request from Barnhill's office to transfer Arbery's case to another prosecutor,<ref name=MayesMay11 /><ref name=CarrMay10 /> and that along with the request, Barnhill revealed that he had learned "about 3-4 weeks ago" that Arbery had previously been prosecuted in an earlier case by his son, a prosecutor for the Brunswick Circuit District Attorney's Office, and that one of the defendants had served as an investigator on the same prosecution (this is a reference to Gregory McMichael, who was employed by the Brunswick D.A.'s Office).<ref name=MayesMay11 /><ref name=CarrMay10 /><ref name=AJCFather /> The request did not explain why Barnhill had delayed in recusing his office from the case, did not mention that Barnhill had advised Glynn County police on April 2 to make no arrests, and omitted Barnhill's involvement on February 24, instead only recounting his involvement "upon taking the case".<ref name=MayesMay11 /><ref name=CarrMay10 /> |
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The owner of the unfinished home, who was {{convert|90|mi|km|abbr=off|sp=us}} away at the time of the shooting, later said, "I've never had a police report [on my property], or anything stolen from my property, or any kind of robbery."<ref name=WootsonMay10 /> Barnhill wrote that "Arbery's mental health and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man."<ref name="FaussetMay10" /><ref>{{cite news |title=Ahmaud Arbery's family calls for immediate arrests in his death |url=https://www.aljazeera.com/news/2020/05/ahmaud-arbery-family-calls-arrests-death-200507122209498.html |access-date=May 11, 2020 |publisher=[[Al Jazeera English|Al Jazeera]] |date=May 8, 2020 |archive-url=https://web.archive.org/web/20200509103511/https://www.aljazeera.com/news/2020/05/ahmaud-arbery-family-calls-arrests-death-200507122209498.html |archive-date=May 9, 2020 |url-status=live}}</ref> Lastly, Barnhill informed the Glynn County police that he was going to recuse from the case due to connections between his son and Gregory McMichael.<ref name=HaneyMay8>{{cite news |last1=Haney |first1=Adrianne |title=Recused District Attorney found 'insufficient probable cause' for immediate arrests in Ahmaud Arbery case |url=https://www.khou.com/article/news/crime/ahmaud-arbery-case-had-insufficient-probable-cause-recused-da/85-78cfa666-728c-48e6-9f99-9917b1249eb0 |access-date=May 11, 2020 |work=[[KHOU 11]] |date=May 8, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081412/https://www.khou.com/article/news/crime/ahmaud-arbery-case-had-insufficient-probable-cause-recused-da/85-78cfa666-728c-48e6-9f99-9917b1249eb0 |url-status=live}}</ref> |
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On April 13, after Barnhill's recusal, the Georgia Attorney General's Office appointed Atlantic Judicial Circuit District Attorney Tom Durden to take over the handling of the case.<ref name=DurdenAppt>{{cite news |last1=Hobbs |first1=Larry |title=Durden: Grand jury should decide if charges are warranted in Arbery shooting |url=https://thebrunswicknews.com/news/local_news/durden-grand-jury-should-decide-if-charges-are-warranted-in-arbery-shooting/article_6d959a27-4638-534f-ac97-a02659d8028c.html |accessdate=May 11, 2020 |work=[[The Brunswick News]] |date=May 5, 2020 |archive-url=https://web.archive.org/web/20200508005024/https://thebrunswicknews.com/news/local_news/durden-grand-jury-should-decide-if-charges-are-warranted-in-arbery-shooting/article_6d959a27-4638-534f-ac97-a02659d8028c.html |archive-date=May 8, 2020 |url-status=live }}</ref> |
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On April 7, Barnhill wrote to Georgia's Attorney General, [[Christopher M. Carr]], saying Arbery's "family are not strangers to the local criminal justice system", noting that Arbery's brother and cousins had encounters with the law.<ref name=AJCFather>{{Cite news |last=Boone |first=Christian |date=May 7, 2020 |title=Father of Brunswick shooter previously investigated victim |work=[[The Atlanta Journal-Constitution]] |url=https://www.ajc.com/news/local/brunswick-attorney-released-the-video-arbery-shooting/JkpbvTuJt9wfl3tkcLTTvO/|url-status=live|access-date=May 8, 2020|archive-url=https://web.archive.org/web/20200509000050/https://www.ajc.com/news/local/brunswick-attorney-released-the-video-arbery-shooting/JkpbvTuJt9wfl3tkcLTTvO/|archive-date=May 9, 2020}}</ref> Barnhill told Carr that there was "video of Arbery burglarizing a home immediately preceding the chase and confrontation".<ref name=FaussetMay10 /> |
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=== Video of the shooting released === |
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A video of the shooting was uploaded on May 5 on the website of a local radio station, [[WGIG]], which received it from Gregory McMichael,<ref name="auto1"/> but it was removed within two hours for being too graphic.<ref name="WGIG" /><ref name="ajcmay17">{{cite web |last1=Roughton Jr. |first1=Bert |last2=Schrade |first2=Brad |title=Records show a neighborhood on edge before Arbery’s final run |url=https://www.ajc.com/news/crime--law/records-show-neighborhood-edge-before-arbery-final-jog/P9shmCoRGj90XFWbKfApmJ/ |website=Atlanta Journal-Constitution |date=May 17, 2020}}</ref> The video was then uploaded to [[YouTube]] that day.<ref name="BooneMay5">{{cite news|last1=Boone|first1=Christian|last2=Roughton|first2=Bert|date=May 5, 2020|title=GBI to launch state investigation into Brunswick shooting|newspaper=[[The Atlanta Journal-Constitution]]|url=https://www.ajc.com/news/local/bring-charges-against-brunswick-shooter/fz7taEww0Nqfedg8JgXm2K/|url-status=live|accessdate=May 6, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.ajc.com/news/local/bring-charges-against-brunswick-shooter/fz7taEww0Nqfedg8JgXm2K/|archive-date=May 7, 2020}}</ref> The Arbery family's attorney posted a 28-second segment of the video on Twitter;<ref name="BalkMay5">{{cite news |last1=Balk |first1=Tim |title=Georgia prosecutor calls for grand jury review of fatal shooting of black 25-year-old |url=https://www.nydailynews.com/news/national/ny-georgia-prosecutor-review-ahmaud-arbery-20200505-ecu37evkjba5pcavwne3cfctim-story.html |accessdate=May 14, 2020 |work=[[New York Daily News]] |date=May 5, 2020}}</ref> the original length of the video was 36 seconds.<ref name="VeraMay12">{{cite news |last1=Vera |first1=Amir |last2=Savidge |first2=Martin |last3=Barajas |first3=Angela |last4=Andone |first4=Dakin |title=Man who recorded the Ahmaud Arbery shooting has been receiving threats, attorney says |url=https://edition.cnn.com/2020/05/09/us/ahmaud-arbery-shooting-video-saturday/index.html |accessdate=May 14, 2020 |work=[[CNN]] |date=May 12, 2020}}</ref> The [[Viral video|video of the shooting went viral]].<ref name=CollinsMay6 /> Glynn County police requested the [[Georgia Bureau of Investigation]] look into how the video was publicized.<ref name=BooneMay5 /> ''[[The Guardian]]'' published an edited version of the video on May 6.<ref name="ShahMay6">{{cite news|last1=Shah|first1=Khushbu|date=May 6, 2020|title=Ahmaud Arbery: anger mounts over killing of black jogger caught on video|work=[[The Guardian]]|url=https://www.theguardian.com/us-news/2020/may/06/ahmaud-arbery-shooting-georgia|url-status=live|accessdate=May 7, 2020|archive-url=https://web.archive.org/web/20200508012802/https://www.theguardian.com/us-news/2020/may/06/ahmaud-arbery-shooting-georgia|archive-date=May 8, 2020}}</ref> |
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The Georgia Attorney General's Office on May 10 said the following events happened on April 7: it received a request from Barnhill's office to transfer Arbery's case to another prosecutor,<ref name=MayesMay11 /><ref name=CarrMay10 /> and Barnhill revealed that he had learned "about 3–4 weeks ago" that Arbery had previously been prosecuted by his son, a prosecutor for the Brunswick Circuit District Attorney's Office, in an earlier case. He also said that one of the defendants had served as an investigator on the same prosecution (this is a reference to Gregory McMichael, who was employed by the Brunswick D.A.'s Office).<ref name=MayesMay11 /><ref name=CarrMay10 /><ref name=AJCFather /> The request did not explain why Barnhill had delayed in recusing his office from the case, did not mention that Barnhill had advised Glynn County police on April 2 to make no arrests, and omitted Barnhill's involvement on February 24, instead recounting only his involvement "upon taking the case".<ref name=MayesMay11 /><ref name=CarrMay10 /> |
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On May 7, Alan David Tucker, a local [[criminal defense attorney]], came forward to say he was the one who had released the cell phone video,<ref name="Eldridge">{{Cite news|last=Eldridge|first=Ellen|date=May 7, 2020|title=Brunswick Attorney Says He Leaked The Arbery Shooting Video|website=[[Georgia Public Broadcasting]]|url=https://www.gpbnews.org/post/brunswick-attorney-says-he-leaked-arbery-shooting-video-0|url-status=live|archive-url=https://web.archive.org/web/20200508055252/https://www.gpbnews.org/post/brunswick-attorney-says-he-leaked-arbery-shooting-video-0|archive-date=May 8, 2020}}</ref><ref>{{Cite news|last=Kless|first=Troy|date=May 7, 2020|title=Video of Ahmaud Arbery's death was released by the lawyer for the men who killed him, attorney claims|work=First Coast News|url=https://www.firstcoastnews.com/article/news/crime/attorney-for-mcmichael-family-claims-he-released-shooting-video-of-ahmaud-arbery/77-c5df7130-1a00-4acf-90f2-7a5a56363360|url-status=live|access-date=May 8, 2020}}</ref> which had been recorded by William "Roddie" Bryan.<ref name=BurkeMay10 /> WGIG confirmed that Tucker had provided the video to the radio station.<ref name=Mervosh /> Tucker had informally consulted with the suspects in the case,<ref name=Mervosh>{{Cite news|url=https://www.nytimes.com/2020/05/08/us/ahmaud-arbery-video-lawyer.html|newspaper=[[The New York Times]]|first=Sarah|last=Mervosh|date=May 8, 2020|title=Ahmaud Arbery Video Was Leaked by a Lawyer Who Consulted With Suspects|access-date=May 10, 2020|archive-url=https://web.archive.org/web/20200510155036/https://www.nytimes.com/2020/05/08/us/ahmaud-arbery-video-lawyer.html|archive-date=May 10, 2020|url-status=live}}</ref> but said he had not been retained to represent anyone involved.<ref name=Mervosh /><ref name=Eldridge /> Tucker said that he released the video to provide "absolute transparency" due to "erroneous accusations and assumptions"<ref name=Eldridge /> and that "my purpose was not to exonerate them or convict them."<ref name=Mervosh /> |
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On April 13, after Barnhill's recusal, the Georgia Attorney General's Office appointed Atlantic Judicial Circuit District Attorney Tom Durden to take over the handling of the case.<ref name=DurdenAppt>{{cite news |last1=Hobbs |first1=Larry |title=Durden: Grand jury should decide if charges are warranted in Arbery shooting |url=https://thebrunswicknews.com/news/local_news/durden-grand-jury-should-decide-if-charges-are-warranted-in-arbery-shooting/article_6d959a27-4638-534f-ac97-a02659d8028c.html |access-date=May 11, 2020 |work=[[The Brunswick News]] |date=May 5, 2020 |archive-url=https://web.archive.org/web/20200508005024/https://thebrunswicknews.com/news/local_news/durden-grand-jury-should-decide-if-charges-are-warranted-in-arbery-shooting/article_6d959a27-4638-534f-ac97-a02659d8028c.html |archive-date=May 8, 2020 |url-status=live}}</ref> The Atlantic Judicial Circuit is the immediately adjacent circuit to the north of Brunswick Judicial Circuit.<ref name=":1" /> |
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Within hours of the video of the shooting becoming public, Tom Durden, the district attorney for Georgia's Atlantic Judicial Circuit, said that he would present the case to "the next available [[grand jury]] in Glynn County" to decide if charges should be filed, once grand juries convene in the state (due to the [[COVID-19 pandemic in Georgia (U.S. state)|state's COVID-19 pandemic]], no grand juries in Georgia are convening through June 12).<ref name="FaussetMay5Jury">{{cite news|last1=Fausset|first1=Richard|date=May 5, 2020|title=Georgia Prosecutor Will Bring Shooting of Ahmaud Arbery to Grand Jury|work=[[The New York Times]]|url=https://www.nytimes.com/2020/05/05/us/ahmaud-arbery-killing-georgia.html|url-status=live|url-access=limited|accessdate=May 6, 2020|archiveurl=https://archive.today/20200506054330/https://www.nytimes.com/2020/05/05/us/ahmaud-arbery-killing-georgia.html|archivedate=May 6, 2020}}</ref><ref name=ShahMay6 /> Durden also accepted Georgia Governor [[Brian Kemp]]'s offer to bring in the Georgia Bureau of Investigation (GBI) to investigate.<ref name=BooneMay5 /><ref name=BookerMay8>{{cite news |last1=Booker |first1=Brakkton |title=More Arrests Possible In The Killing Of Ahmaud Arbery, Georgia Investigators Say |url=https://www.npr.org/2020/05/08/852719660/more-arrests-possible-in-the-killing-of-ahmaud-arbery-state-investigators-say |accessdate=May 11, 2020 |website=[[NPR]] |date=May 8, 2020 |archive-url=https://web.archive.org/web/20200510124457/https://www.npr.org/2020/05/08/852719660/more-arrests-possible-in-the-killing-of-ahmaud-arbery-state-investigators-say |archive-date=May 10, 2020 |url-status=live }}</ref> |
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=== |
=== Atlantic Judicial Circuit District Attorney === |
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The GBI found [[probable cause]] to charge Gregory and Travis McMichael within 36 hours of taking the case, and, on May 7, arrested the pair on charges of [[Felony murder rule|felony murder]] and [[Assault#Aggravated assault|aggravated assault]].<ref name=AlmasyBarajas /><ref>{{Cite news|last=Bynum|first=Russ|last2=Nadler|first2=Ben|date=May 7, 2020|title=Arrests made in shooting death of black man after outcry|agency=[[Associated Press]]|url=https://apnews.com/96990a5023927df289c934d2decd90b8|url-status=live|archive-url=https://archive.today/20200508020747/https://apnews.com/96990a5023927df289c934d2decd90b8|archive-date=May 8, 2020|access-date=May 8, 2020}}</ref><ref>{{cite news|last1=Wiley|first1=Kelly|last2=Bynum|first2=Russ|last3=Nadler|first3=Ben|date=May 8, 2020|title=GBI finds probable cause for arrests within 36 hours of taking Ahmaud Arbery case|website=[[WJXT]]|agency=[[Associated Press]]|url=https://www.news4jax.com/news/georgia/2020/05/08/gbi-to-give-update-on-arrest-of-father-son-in-killing-of-ahmaud-arbery/|url-status=live|archive-url=https://web.archive.org/web/20200510025017/https://www.news4jax.com/news/georgia/2020/05/08/gbi-to-give-update-on-arrest-of-father-son-in-killing-of-ahmaud-arbery/|archive-date=May 10, 2020}}</ref> The McMichaels were booked into the Glynn County Jail.<ref name="AlmasyBarajas">{{Cite news|last=Almasy|first=Steve|last2=Barajas|first2=Angela|date=May 7, 2020|title=Two men involved in fatal shooting of Ahmaud Arbery face murder charges, GBI says|website=[[CNN]]|url=https://www.cnn.com/2020/05/07/us/ahmaud-arbery-arrests-mcmichaels/index.html|url-status=live|archive-url=https://web.archive.org/web/20200508035305/https://www.cnn.com/2020/05/07/us/ahmaud-arbery-arrests-mcmichaels/index.html|archive-date=May 8, 2020}}</ref> At an appearance before a magistrate the following day, the McMichaels were both [[Pretrial detention|denied bond]], though they may appeal the decision in a superior court.<ref>{{cite news|date=May 8, 2020|title=GBI: 'Sufficient probable cause' for arrest of father, son in shooting death of Ahmaud Arbery|website=[[WCSC-TV]]|url=https://www.live5news.com/2020/05/08/father-son-charged-with-murder-arbery-case-make-first-court-appearance/|url-status=live|archive-url=https://web.archive.org/web/20200510025130/https://www.live5news.com/2020/05/08/father-son-charged-with-murder-arbery-case-make-first-court-appearance/|archive-date=May 10, 2020}}</ref> Speaking on the decision to charge the McMichaels, GBI Director Vic Reynolds told reporters "We based our decisions on two things, one are facts and the other is the law. Whatever the facts are we apply the law. I am very comfortable in telling you there is more than sufficient cause for felony murder."<ref name=FoxAtlantaGBI>{{cite news |first=Aungelique |last=Proctor|url=https://www.fox5atlanta.com/news/gbi-arrests-in-ahmaud-arbery-based-on-facts-and-law-not-just-video |title=GBI: Arrests in Ahmaud Arbery based on 'facts' and 'law', not just video |website=[[WAGA-TV]] |date=May 8, 2020}}</ref> |
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==== Video of the shooting released ==== |
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Durden requested that the case be reassigned to another prosecutor with a larger staff, given the "size and magnitude" of the investigation.<ref name=NWAonline>{{cite news |first=Russ |last=Bynum |url=https://www.nwaonline.com/news/2020/may/12/georgia-slaying-gets-3rd-prosecutor-202/ |title=Georgia slaying gets 3rd prosecutor |work=[[Arkansas Democrat-Gazette|Northwest Arkansas Democrat-Gazette]] |agency=[[Associated Press]] |date=May 12, 2020}}</ref> Pursuant to Durden's request, the Georgia Attorney General's office reassigned the case on May 11 to the [[Cobb County, Georgia|Cobb County]] District Attorney's Office, led by Joyette M. Holmes,<ref name=HolcombeMay12/><ref name=NWAonline/><ref name=4thDA>{{cite news|first1=Michael |last1=Brice-Saddler |first2=Cleve R., Jr |last2=Wootson |url=https://www.washingtonpost.com/nation/2020/05/11/ahmaud-arbery-new-prosecutor/ |title=Georgia attorney general assigns fourth prosecutor in killing of Ahmaud Arbery |newspaper=[[The Washington Post]] |date=May 11, 2020}}</ref> the fourth D.A. to take on the case.<ref name=4thDA/> This move, which shifted responsibility for the case from a [[southeast Georgia]] district attorney to a district attorney in [[north Georgia]]'s [[metro Atlanta]] area {{convert|300|mi|km}} away,<ref name=NWAonline/> was welcomed by Arbery's family.<ref name=HolcombeMay12/><ref name=NWAonline/><ref name=4thDA/> |
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A video of the shooting was uploaded on May 5 on the website of local radio station, [[WGIG]]; it was received from Gregory McMichael.<ref name="winne"/> After two hours, WGIG removed the video for being too graphic.<ref name="WGIG">{{cite web |title=Video of Arbery Shooting – Warning: Graphic, Disturbing Content |url=https://1440wgig.iheart.com/content/2020-05-04-video-of-arbery-shooting-warning-graphic-disturbing-content/ |date=May 5, 2020 |work=[[WGIG]]|archive-url=https://web.archive.org/web/20200505151823/https://1440wgig.iheart.com/content/2020-05-04-video-of-arbery-shooting-warning-graphic-disturbing-content/|archive-date=May 5, 2020|access-date=May 7, 2020}}</ref><ref name="RoughtonSchrade2020"/> |
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The video was uploaded to [[YouTube]] that day.<ref name="BooneMay5">{{cite news |last1=Boone |first1=Christian |last2=Roughton |first2=Bert |date=May 5, 2020 |title=GBI to launch state investigation into Brunswick shooting |newspaper=[[The Atlanta Journal-Constitution]] |url=https://www.ajc.com/news/local/bring-charges-against-brunswick-shooter/fz7taEww0Nqfedg8JgXm2K/|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.ajc.com/news/local/bring-charges-against-brunswick-shooter/fz7taEww0Nqfedg8JgXm2K/|archive-date=May 7, 2020}}</ref> The Arbery family's attorney posted a 28-second segment of the video on [[Twitter]].<ref name="BalkMay5">{{cite news |last1=Balk |first1=Tim |title=Georgia prosecutor calls for grand jury review of fatal shooting of black 25-year-old |url=https://www.nydailynews.com/news/national/ny-georgia-prosecutor-review-ahmaud-arbery-20200505-ecu37evkjba5pcavwne3cfctim-story.html |access-date=May 14, 2020 |work=[[New York Daily News]] |date=May 5, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081342/https://www.nydailynews.com/news/national/ny-georgia-prosecutor-review-ahmaud-arbery-20200505-ecu37evkjba5pcavwne3cfctim-story.html |url-status=live}}</ref> The video of the shooting went viral.<ref name=CollinsMay6 /> Glynn County police requested the [[Georgia Bureau of Investigation]] look into how the video was publicized.<ref name=BooneMay5 /> ''[[The Guardian]]'' published an edited version of the video on May 6.<ref name="ShahMay6">{{cite news |last1=Shah |first1=Khushbu |date=May 6, 2020 |title=Ahmaud Arbery: anger mounts over killing of black jogger caught on video |work=[[The Guardian]] |url=https://www.theguardian.com/us-news/2020/may/06/ahmaud-arbery-shooting-georgia|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508012802/https://www.theguardian.com/us-news/2020/may/06/ahmaud-arbery-shooting-georgia|archive-date=May 8, 2020}}</ref> [[TMZ]] published a longer version of the video on May 5.<ref name="TMZ Video Shows"/> |
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Om May 21, 2020, William "Roddie" Bryan was charged on [[felony murder]] and attempt to commit [[false imprisonment]].<ref name=BryanCharged/><ref name=CNNBryanArrest>Angela Barajas & Erica Henry, [https://www.cnn.com/2020/05/21/us/roddie-bryan-arrested-ahmaud-arbery-case/index.html William Bryan Jr. -- the man who recorded the fatal shooting of Ahmaud Arbery -- has been arrested, GBI says], CNN (May 21, 2020).</ref> |
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On May 7, Alan David Tucker, a local [[criminal defense attorney]], said that he had sent the cell phone video to WGIG,<ref name="Eldridge">{{Cite news |last=Eldridge |first=Ellen |date=May 7, 2020 |title=Brunswick Attorney Says He Leaked The Arbery Shooting Video |publisher=[[Georgia Public Broadcasting]] |url=https://www.gpbnews.org/post/brunswick-attorney-says-he-leaked-arbery-shooting-video-0 |access-date=December 1, 2021 |url-status=live|archive-url=https://web.archive.org/web/20200508055252/https://www.gpbnews.org/post/brunswick-attorney-says-he-leaked-arbery-shooting-video-0|archive-date=May 8, 2020}}</ref><ref>{{Cite news |last=Kless |first=Troy |date=May 7, 2020 |title=Video of Ahmaud Arbery's death was released by the lawyer for the men who killed him, attorney claims |work=[[firstcoastnews.com|First Coast News]] |url=https://www.firstcoastnews.com/article/news/crime/attorney-for-mcmichael-family-claims-he-released-shooting-video-of-ahmaud-arbery/77-c5df7130-1a00-4acf-90f2-7a5a56363360|access-date=May 8, 2020|archive-date=May 12, 2020|archive-url=https://wayback.archive-it.org/all/20200512123220/https://www.firstcoastnews.com/article/news/crime/attorney-for-mcmichael-family-claims-he-released-shooting-video-of-ahmaud-arbery/77-c5df7130-1a00-4acf-90f2-7a5a56363360|url-status=live}}</ref> and that it had been recorded by William "Roddie" Bryan, who was in the second truck following Arbery.<ref name=BurkeMay10 /> WGIG confirmed that Tucker had provided the video to the radio station.<ref name=Mervosh /> Tucker had informally consulted with the suspects in the case,<ref name=Mervosh>{{Cite news |url=https://www.nytimes.com/2020/05/08/us/ahmaud-arbery-video-lawyer.html |newspaper=[[The New York Times]] |first=Sarah |last=Mervosh |date=May 8, 2020 |title=Ahmaud Arbery Video Was Leaked by a Lawyer Who Consulted With Suspects|access-date=May 10, 2020|archive-url=https://web.archive.org/web/20200510155036/https://www.nytimes.com/2020/05/08/us/ahmaud-arbery-video-lawyer.html|archive-date=May 10, 2020|url-status=live}}</ref> but said he had not been retained to represent anyone involved.<ref name=Mervosh /><ref name=Eldridge /> Tucker said that he released the video to provide "absolute transparency" due to "erroneous accusations and assumptions",<ref name=Eldridge /> and that "my purpose was not to exonerate them or convict them."<ref name=Mervosh /> |
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Within hours of the video becoming public, Tom Durden, the district attorney for Georgia's Atlantic Judicial Circuit, said that he would present the case to "the next available [[grand jury]] in Glynn County" to decide if charges should be filed. The convening of grand juries had been postponed until after June 12 due to the [[COVID-19 pandemic in Georgia (U.S. state)|COVID-19 pandemic]].<ref name="FaussetMay5Jury">{{cite news |last1=Fausset |first1=Richard |date=May 5, 2020 |title=Georgia Prosecutor Will Bring Shooting of Ahmaud Arbery to Grand Jury |work=[[The New York Times]] |url=https://www.nytimes.com/2020/05/05/us/ahmaud-arbery-killing-georgia.html|url-status=live|url-access=limited|access-date=May 6, 2020|archive-url=https://archive.today/20200506054330/https://www.nytimes.com/2020/05/05/us/ahmaud-arbery-killing-georgia.html|archive-date=May 6, 2020}}</ref><ref name=ShahMay6 /> Durden accepted Georgia Governor [[Brian Kemp]]'s offer to bring in the Georgia Bureau of Investigation (GBI) to investigate.<ref name=BooneMay5 /><ref name=BookerMay8>{{cite news |last1=Booker |first1=Brakkton |title=More Arrests Possible In The Killing Of Ahmaud Arbery, Georgia Investigators Say |url=https://www.npr.org/2020/05/08/852719660/more-arrests-possible-in-the-killing-of-ahmaud-arbery-state-investigators-say |access-date=May 11, 2020 |publisher=[[NPR]] |date=May 8, 2020 |archive-url=https://web.archive.org/web/20200510124457/https://www.npr.org/2020/05/08/852719660/more-arrests-possible-in-the-killing-of-ahmaud-arbery-state-investigators-say |archive-date=May 10, 2020 |url-status=live}}</ref> |
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====Charges filed==== |
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The GBI found [[probable cause]] to charge Gregory and Travis McMichael within 36 hours of taking over jurisdiction of the case, and, on May 7, arrested and charged them with [[Felony murder rule|felony murder]].{{efn|A felony murder, under Georgia law, is a killing committed during the commission of a felony; an [[Intention (criminal law)|intent to kill]] is not a required [[Element (criminal law)|element]] of felony murder.<ref>{{cite news |first=Sam |last=Levine |url=https://www.theguardian.com/us-news/2020/may/21/ahmaud-arbery-william-bryan-killing-filmed-arrest |url-status=live |title=Man who filmed Ahmaud Arbery killing arrested and charged with murder |archive-url=https://web.archive.org/web/20210210081355/https://www.theguardian.com/us-news/2020/may/21/ahmaud-arbery-william-bryan-killing-filmed-arrest |access-date=December 1, 2021 |archive-date=February 10, 2021 |newspaper=[[The Guardian]] |date=May 22, 2020 }}</ref>}}<ref name=AlmasyBarajas /><ref>{{Cite news |last1=Bynum |first1=Russ |last2=Nadler |first2=Ben |date=May 7, 2020 |title=Arrests made in shooting death of black man after outcry |work=[[Associated Press]] |url=https://apnews.com/96990a5023927df289c934d2decd90b8|url-status=live|archive-url=https://archive.today/20200508020747/https://apnews.com/96990a5023927df289c934d2decd90b8|archive-date=May 8, 2020|access-date=May 8, 2020}}</ref><ref>{{cite news |last1=Wiley |first1=Kelly |last2=Bynum |first2=Russ |last3=Nadler |first3=Ben |date=May 8, 2020 |title=GBI finds probable cause for arrests within 36 hours of taking Ahmaud Arbery case |work=[[WJXT]] |agency=[[Associated Press]] |url=https://www.news4jax.com/news/georgia/2020/05/08/gbi-to-give-update-on-arrest-of-father-son-in-killing-of-ahmaud-arbery/ |access-date=December 1, 2021 |url-status=live|archive-url=https://web.archive.org/web/20200510025017/https://www.news4jax.com/news/georgia/2020/05/08/gbi-to-give-update-on-arrest-of-father-son-in-killing-of-ahmaud-arbery/|archive-date=May 10, 2020}}</ref> The McMichaels were booked into the Glynn County Jail.<ref name="AlmasyBarajas">{{Cite news |last1=Almasy |first1=Steve |last2=Barajas |first2=Angela |date=May 7, 2020 |title=Two men involved in fatal shooting of Ahmaud Arbery face murder charges, GBI says |publisher=[[CNN]] |url=https://www.cnn.com/2020/05/07/us/ahmaud-arbery-arrests-mcmichaels/index.html |access-date=December 1, 2021 |url-status=live|archive-url=https://web.archive.org/web/20200508035305/https://www.cnn.com/2020/05/07/us/ahmaud-arbery-arrests-mcmichaels/index.html|archive-date=May 8, 2020}}</ref> At an appearance before a judge the following day, the McMichaels were both [[Pretrial detention|denied bond]].<ref>{{cite news |date=May 8, 2020 |title=GBI: 'Sufficient probable cause' for arrest of father, son in shooting death of Ahmaud Arbery |work=[[WCSC-TV]] |url=https://www.live5news.com/2020/05/08/father-son-charged-with-murder-arbery-case-make-first-court-appearance/ |access-date=December 1, 2021 |url-status=live|archive-url=https://web.archive.org/web/20200510025130/https://www.live5news.com/2020/05/08/father-son-charged-with-murder-arbery-case-make-first-court-appearance/|archive-date=May 10, 2020}}</ref> |
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Given the "size and magnitude" of the investigation, Durden requested that the case be reassigned to another prosecutor with a larger staff.<ref name=NWAonline>{{cite news |first=Russ |last=Bynum |url=https://www.nwaonline.com/news/2020/may/12/georgia-slaying-gets-3rd-prosecutor-202/ |title=Georgia slaying gets 3rd prosecutor |work=[[Arkansas Democrat-Gazette|Northwest Arkansas Democrat-Gazette]] |agency=[[Associated Press]] |date=May 12, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081347/https://www.nwaonline.com/news/2020/may/12/georgia-slaying-gets-3rd-prosecutor-202/ |url-status=live}}</ref> Pursuant to Durden's request, the Georgia Attorney General's office reassigned the case on May 11 to the [[Cobb County, Georgia|Cobb County]] District Attorney's Office, led by Joyette M. Holmes.<ref name=HolcombeMay12/><ref name=NWAonline/><ref name=4thDA>{{cite news |first1=Michael |last1=Brice-Saddler |first2=Cleve R. Jr |last2=Wootson |url=https://www.washingtonpost.com/nation/2020/05/11/ahmaud-arbery-new-prosecutor/ |title=Georgia attorney general assigns fourth prosecutor in killing of Ahmaud Arbery |newspaper=[[The Washington Post]] |date=May 11, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081401/https://www.washingtonpost.com/nation/2020/05/11/ahmaud-arbery-new-prosecutor/ |url-status=live}}</ref> She was the fourth D.A. to take on the case.<ref name=4thDA/> Arbery's family welcomed the transfer of the case from a [[southeast Georgia]] district attorney to one in the [[metro Atlanta]] area {{convert|300|mi|km}} away.<ref name=4thDA/><ref name=NWAonline/><ref name=HolcombeMay12/> |
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=== Cobb Judicial Circuit District Attorney === |
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The Cobb County District Attorney's Office, led by Joyette M. Holmes, brought charges against the defendants. On May 21, 2020, William "Roddie" Bryan was charged with [[felony murder]] and attempt to commit [[false imprisonment]].<ref name=BryanCharged/><ref name=CNNBryanArrest>{{cite news |first1=Angela |last1=Barajas |first2=Erica |last2=Henry |url=https://www.cnn.com/2020/05/21/us/roddie-bryan-arrested-ahmaud-arbery-case/index.html |title=William Bryan Jr. – the man who recorded the fatal shooting of Ahmaud Arbery – has been arrested, GBI says |work=[[CNN]] |date=May 21, 2020 |access-date=November 29, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126191008/https://www.cnn.com/2020/05/21/us/roddie-bryan-arrested-ahmaud-arbery-case/index.html |url-status=live }}</ref> According to the arrest warrant, Bryan tried "to confine and detain" Arbery without legal authority by "utilizing his vehicle on multiple occasions" before Arbery was shot.<ref name="Bynam5.22.20">{{cite news |last1=Bynam |first1=Russ |title=Man who filmed Arbery shooting charged; Police 'wouldn't have arrested him' if they believed he was a witness |url=https://abc7.com/3rd-man-charged-in-arbery-shooting-tried-to-confine-victim/6204063/ |access-date=December 1, 2021 |work=[[KABC-TV]] |date=May 22, 2020 |archive-url=https://web.archive.org/web/20200605024741/https://abc7.com/3rd-man-charged-in-arbery-shooting-tried-to-confine-victim/6204063/ |archive-date=June 5, 2020}}</ref> The GBI said their investigators found "a number of pieces of video" that linked Bryan to the case.<ref name="Chakraborty.5.22.20">{{cite news |last1=Chakraborty |first1=Barnini |title=GBI says neighbor who videotaped Ahmaud Arbery's killing just as responsible as shooters |url=https://www.foxnews.com/us/gbi-says-neighbor-who-videotaped-ahmaud-arberys-killing-just-as-responsible-as-shooters |publisher=[[Fox News]] |date=May 22, 2020 |access-date=May 22, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081355/https://www.foxnews.com/us/gbi-says-neighbor-who-videotaped-ahmaud-arberys-killing-just-as-responsible-as-shooters |url-status=live}}</ref> Bryan was alleged to have attempted to block Arbery, which was unsuccessful, and struck Arbery with his pickup truck while chasing him.<ref name=BryanCharged/><ref name=McLaughlin/> Arbery's palm print was found on the rear door of Bryan's truck, cotton fibers near the truck bed were attributed to contact with Arbery, and a dent was found below the location of the cotton fibers.<ref name=McLaughlin>{{cite news |first=Eliott C. |last=McLaughlin |url=https://www.cnn.com/2020/06/04/us/mcmichaels-hearing-ahmaud-arbery/index.html |title=Ahmaud Arbery was hit with a truck before he died, and his killer allegedly used a racial slur, investigator testifies |archive-url=https://web.archive.org/web/20210210081513/https://www.cnn.com/2020/06/04/us/mcmichaels-hearing-ahmaud-arbery/index.html |archive-date=February 10, 2021 |work=[[CNN]] |date=June 4, 2020 |access-date=November 29, 2021 |url-status=live }}</ref> |
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At the June 4, 2020 [[preliminary hearing]], a Glynn County Magistrate Court judge ruled that there was [[probable cause]] for the murder charges against all three men.<ref name=Fausset>{{cite news |first=Richard |last=Fausset |url=https://www.nytimes.com/2020/06/04/us/ahmaud-arbery-murder-hearing.html |title=Judge Finds Probable Cause for Murder Charges in Arbery Case |archive-url=https://web.archive.org/web/20210210081509/https://www.nytimes.com/2020/06/04/us/ahmaud-arbery-murder-hearing.html |url-status=live |access-date=December 1, 2021 |archive-date=February 10, 2021 |work=[[The New York Times]] |date=June 4, 2020 }}</ref><ref name=WaPoPrelim>{{cite news |first1=Cleve R. Jr. |last1=Wootson |first2=Annie |last2=Gowen |first3=Abigail |last3=Hauslohner |url=https://www.washingtonpost.com/nation/2020/06/04/fellow-shooter-called-georgia-jogger-f-ing-n-he-lay-dying-road-agent-testified/ |access-date=December 1, 2021 |title=Judge advances murder trial for all three white men charged in death of Ahmaud Arbery |archive-url=https://web.archive.org/web/20210210081437/https://www.washingtonpost.com/nation/2020/06/04/fellow-shooter-called-georgia-jogger-f-ing-n-he-lay-dying-road-agent-testified/ |archive-date=February 10, 2021 |url-status=live |newspaper=The Washington Post |date=June 4, 2020 }}</ref> The prosecution presented additional evidence to the court to support the murder charges, including hours of testimony from the lead GBI investigator.<ref name=WaPoPrelim/> At the hearing, the prosecutor said that the three men "chased, hunted down and ultimately executed" Arbery.<ref name=APSlur /> The investigator testified that none of the three had called [[9-1-1|911]] prior to the chase; he said: |
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<blockquote>I don't believe it was self-defense by Mr. McMichael. I believe it was self-defense by Mr. Arbery. I believe Mr. Arbery was being pursued, and he ran until he couldn't run anymore. And it was: turn his back to a man with a shotgun, or fight with his bare hands against a man with a shotgun, and he chose to fight.<ref name=WaPoPrelim/></blockquote> |
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The prosecution also introduced a statement to the GBI by William Bryan that Travis McMichael used a racist slur, "fucking nigger", while standing over Arbery's body,<ref name=APSlur /><ref name=ReutersSlur /> and testimony that Travis McMichael had previously used the same slur on previous occasions in social media postings and in text messages.<ref name=Fausset/><ref name=WaPoPrelim/> During the Glynn County trial, the allegation of Travis stating "fucking nigger" was not brought forth to the jury since the only witness, William Bryan, chose not to testify during the trial; meanwhile, by the time legal arguments had concluded, the judge did not make a ruling on whether the social media posts and text messages could be used, so they were not introduced either.<ref>{{cite news |last1=Schindler |first1=Anne |title=Race not a factor jurors will consider in the case of three men accused of murdering Ahmaud Arbery |url=https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/race-not-a-factor-jurors-will-consider-in-the-ahmaud-arbery-death-trial/77-074fc144-f435-4c9f-8ffa-bd0efb899968 |access-date=November 25, 2021 |work=[[firstcoastnews.com|First Coast News]] |date=November 19, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126191010/https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/race-not-a-factor-jurors-will-consider-in-the-ahmaud-arbery-death-trial/77-074fc144-f435-4c9f-8ffa-bd0efb899968 |url-status=live }}</ref><ref name=Allen-Mckay>{{cite news |last1=Allen |first1=Jonathan |last2=Mckay |first2=Rich |url=https://www.reuters.com/world/us/were-ahmaud-arberys-murderers-racially-motivated-us-federal-trial-will-decide-2021-11-24/ |title=Were Ahmaud Arbery's murderers racially motivated? U.S. federal trial will decide |work=[[Reuters]] |date=November 24, 2021 |access-date=November 24, 2021 |archive-date=November 24, 2021 |archive-url=https://web.archive.org/web/20211124223252/https://www.reuters.com/world/us/were-ahmaud-arberys-murderers-racially-motivated-us-federal-trial-will-decide-2021-11-24/ |url-status=live }}</ref> |
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The alleged use of these racist slurs could affect a federal hate crime trial in 2022.<ref name=APSlur /> Although there may be some overlap in witnesses between the two cases, the federal trial is independent of the state trial and not affected by the state trial's outcome.<ref name=Allen-Mckay /><ref name=Brumback>{{cite news |last=Brumback |first=Kate |url=https://apnews.com/article/explaining-convictions-mcmichael-bryan-arbery-death-cf5290281ba166bcb812f682410b3dd6 |title=EXPLAINER: Trio guilty of killing Ahmaud Arbery. What now? |work=[[Associated Press]] |date=November 24, 2021 |access-date=November 24, 2021 |archive-date=November 24, 2021 |archive-url=https://web.archive.org/web/20211124200547/https://apnews.com/article/explaining-convictions-mcmichael-bryan-arbery-death-cf5290281ba166bcb812f682410b3dd6 |url-status=live }}</ref> Other evidence eventually not shown in the state trial by prosecutors, which can be considered in the federal trial, includes imagery of the [[Confederate flag]] on the McMichaels' truck.<ref name=McLaughlin /><ref name=Allen-Mckay /> |
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On June 24, 2020, a Glynn County [[grand jury]] [[indictment]] was released against all three defendants, each on nine counts: malice murder, four counts of felony murder, two counts of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.<ref name=FaussetIndict>{{cite news |first=Richard |last=Fausset |url=https://www.nytimes.com/2020/06/24/us/ahmaud-arbery-shooting-murder-indictment.html |access-date=December 1, 2021 |title=Suspects in Ahmaud Arbery's Killing Are Indicted on Murder Charges |archive-url=https://web.archive.org/web/20210210081520/https://www.nytimes.com/2020/06/24/us/ahmaud-arbery-shooting-murder-indictment.html |archive-date=February 10, 2021 |url-status=live |work=[[The New York Times]] |date=June 24, 2020 }}</ref> |
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At a hearing in July 2020, the three defendants waived arraignment and pleaded not guilty. During the hearing the lead prosecutor disclosed that Arbery's palm print had been found on the side of Bryan's truck and texts taken from Bryan's cellphone were "replete with racist remarks." At the conclusion of the hearing, the judge denied bond to Bryan.<ref>{{cite news |last1=Stevens |first1=Alexis |last2=Rankin |first2=Bill |title=Judge denies bond to one of three men charged in Arbery killing |url=https://www.ajc.com/news/crime/happening-now-suspects-in-ahmaud-arbery-case-plead-not-guilty/E5IL6BNT7BCCFLSUUWQ5W7XBQY/|access-date=July 18, 2020 |archive-url=https://web.archive.org/web/20200719095635/https://www.ajc.com/news/crime/happening-now-suspects-in-ahmaud-arbery-case-plead-not-guilty/E5IL6BNT7BCCFLSUUWQ5W7XBQY/|archive-date=July 19, 2020 |newspaper=[[The Atlanta Journal-Constitution]] |date=July 17, 2020}}</ref> |
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In August 2020, attorneys for the McMichaels and Bryan filed motions seeking release on bond and dismissal of the charges.<ref>{{cite news |title=Motions filed seeking bond for Travis, Gregory McMichael in Arbery case |url=https://www.wtoc.com/2020/08/06/motions-filed-seeking-bond-travis-gregory-mcmichael-arbery-case/ |access-date=August 7, 2020 |website=[[WTOC-TV]] |publisher=Grey Television, Inc. |date=August 6, 2020 |archive-url=https://web.archive.org/web/20200807070827/https://www.wtoc.com/2020/08/06/motions-filed-seeking-bond-travis-gregory-mcmichael-arbery-case/|archive-date= August 7, 2020}}</ref><ref>{{cite news |title=First Special Demurrer to the Indictment |url=https://www.glynncounty.org/DocumentCenter/View/67321/31-First-Special-Demurrer-to-the-Indictment-Count-1pdf|access-date=August 7, 2020 |website=[[WTOC-TV]] |publisher=Grey Television, Inc. |date=August 6, 2020| archive-url=https://web.archive.org/web/20200807075251/https://www.glynncounty.org/DocumentCenter/View/67321/31-First-Special-Demurrer-to-the-Indictment-Count-1pdf|archive-date= August 7, 2020}}</ref><ref>{{cite news |title=Second Special Demurrer to the Indictment |url=https://www.glynncounty.org/DocumentCenter/View/67319/32-Second-Special-Demurrer-to-the-Indictment-Count-9pdf|access-date=August 7, 2020 |website=[[WTOC-TV]] |publisher=Grey Television, Inc. |date=August 6, 2020 |archive-url=https://web.archive.org/web/20200807075248/https://www.glynncounty.org/DocumentCenter/View/67319/32-Second-Special-Demurrer-to-the-Indictment-Count-9pdf |url-status=live |archive-date= August 7, 2020 }}</ref><ref>{{cite web |title=Motion To Adopt Special Demurrers Filed by McMichael Defendants |url=https://www.wsav.com/wp-content/uploads/sites/75/2020/08/Motion-to-Adopt.pdf |date=August 6, 2020 |website=wsav.com |publisher=Nexstar Broadcasting, Inc. |access-date=August 7, 2020|archive-url= https://web.archive.org/web/20200807072104/https://www.wsav.com/wp-content/uploads/sites/75/2020/08/Motion-to-Adopt.pdf |url-status=live |first=Kevin |last=Gough |archive-date= August 7, 2020}}</ref> In November 2020, the court denied the McMichaels' request for bond.<ref>{{cite news |last1=Boone |first1=Christian |title=Greg and Travis McMichael denied bond in Ahmaud Arbery case |url=https://www.ajc.com/news/crime/breaking-bond-denied-mcmichaels-in-ahmaud-arbery-shooting/O45RGYV2EBHZ5CI7FNJK74XKBE/|access-date=November 15, 2020 |archive-url=https://web.archive.org/web/20201115040847/https://www.ajc.com/news/crime/breaking-bond-denied-mcmichaels-in-ahmaud-arbery-shooting/O45RGYV2EBHZ5CI7FNJK74XKBE/ |archive-date= November 15, 2020 |work=[[The Atlanta Journal-Constitution]] |date=November 13, 2020}}</ref> In January 2021, the court denied Bryan's second request for bond.<ref>{{cite news |title=Judge denies second motion for bond in Arbery case |url=https://www.wtoc.com/2021/01/29/judge-denies-second-motion-bond-arbery-case/ |access-date=November 25, 2021 |work=[[WTOC-TV]] |date=January 29, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125143250/https://www.wtoc.com/2021/01/29/judge-denies-second-motion-bond-arbery-case/ |url-status=live }}</ref> |
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==State trial== |
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The trial took place in the Glynn County Superior Court in Brunswick.<ref name=restcase>{{cite news |last1=Allen |first1=Jonathan |title=Defendants rest case in Georgia trial for killing of Ahmaud Arbery |url=https://www.reuters.com/world/us/defendants-rest-case-georgia-trial-killing-ahmaud-arbery-2021-11-18/ |access-date=November 24, 2021 |work=[[Reuters]] |date=November 18, 2021 |archive-date=November 24, 2021 |archive-url=https://web.archive.org/web/20211124101835/https://www.reuters.com/world/us/defendants-rest-case-georgia-trial-killing-ahmaud-arbery-2021-11-18/ |url-status=live }}</ref> |
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After every Brunswick Judicial Circuit judge recused themselves from the case, Chatham County Superior Court Judge Timothy Walmsley became the trial judge.<ref>{{cite news |title=Chatham County judge to preside over cases in Ahmaud Arbery death |url=https://www.wtoc.com/2020/05/18/chatham-county-judge-preside-over-cases-ahmaud-arbery-death/ |first=Wright |last=Gazaway |access-date=November 24, 2021 |work=[[WTOC-TV]] |date=May 19, 2020 |archive-date=June 13, 2020 |archive-url=https://web.archive.org/web/20200613042116/https://www.wtoc.com/2020/05/18/chatham-county-judge-preside-over-cases-ahmaud-arbery-death/ |url-status=live }}</ref> |
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===Pretrial rulings=== |
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[[File:Murder of Arbery - outside courthouse.jpg|right|thumb|People gathered outside the courthouse on November 10, 2021]] |
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Judge Walmsley made the following pre-trial rulings in 2021: |
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* He denied a prosecution motion to bar testimony that the neighborhood was "on edge" at the time of the murder.<ref>{{cite news |last1=Thanawala |first1=Sudhin |title=Attorneys spar over trial of men accused in Arbery slaying |url=https://apnews.com/article/shootings-ahmaud-arbery-4ccbf3c9285817935233d3dddac7f330|access-date=July 22, 2021 |work=[[Associated Press]] |date=July 22, 2021|archive-url= https://web.archive.org/web/20210722090211/https://apnews.com/article/shootings-ahmaud-arbery-4ccbf3c9285817935233d3dddac7f330|archive-date= July 22, 2021}}</ref> |
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* He ruled that the defense could not introduce evidence of Arbery's prior "bad acts", noting that the McMichaels were unaware of Arbery's past at the time of the murder. He justified his ruling by stating that the "character of the victim is neither relevant nor admissible in a murder trial", and that such evidence might also mislead the jury into thinking that Arbery's murder was "somehow justified" on potential "future dangerousness".<ref>{{cite news |last1=Rankin |first1=Bill |title=Judge: Arbery's imperfect past can't be used by defense at trial |url=https://www.ajc.com/news/georgia-news/judge-arberys-imperfect-past-cant-be-used-by-defense-at-trial/IND5BYIHDJGSHGOC6JRZBRL2YY/|access-date=September 1, 2021 |work=[[The Atlanta Journal-Constitution]] |date=August 31, 2021|archive-url=https://web.archive.org/web/20210901024321/https://www.ajc.com/news/georgia-news/judge-arberys-imperfect-past-cant-be-used-by-defense-at-trial/IND5BYIHDJGSHGOC6JRZBRL2YY/|archive-date= September 1, 2021}}</ref> |
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* He ruled that the defense could not introduce Arbery's mental health records as evidence, citing Arbery's medical privacy. Walmsley also stated that a nurse's 2018 diagnosis of Arbery having mental illness was "highly questionable" and may unfairly prejudice the jury.<ref name=ajx>{{cite news |last1=Bynum |first1=Russ |title=Judge: Ahmaud Arbery's mental health records can't be used at trial |url=https://www.ajc.com/news/nation-world/judge-ahmaud-arberys-mental-health-records-cant-be-used-at-trial/TUBZF2HIANHRPPUACZI3S6C5KQ/|access-date=October 2, 2021 |work=[[Associated Press]] through The Atlanta Journal-Constitution |date=October 1, 2021 |archive-url=https://web.archive.org/web/20211002023513/https://www.ajc.com/news/nation-world/judge-ahmaud-arberys-mental-health-records-cant-be-used-at-trial/TUBZF2HIANHRPPUACZI3S6C5KQ/ |archive-date= October 2, 2021}}</ref> |
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* He ruled that the prosecution could let the jury listen to recorded phone calls made by the jailed McMichaels, and issued a limited gag order on trial lawyers not to comment on inadmissible evidence, including evidence they "should reasonably know" would be ruled inadmissible at trial.<ref>{{cite news |last1=Rankin |first1=Bill |title=Defense: Jury should know Arbery was on probation when he died |url=https://www.ajc.com/news/defense-jury-should-know-arbery-was-on-probation-when-he-died/K3WZWDV4RNDLVB2ZFQBIYXMSQ4/|access-date=October 14, 2021 |work=[[The Atlanta Journal-Constitution]] |date=October 13, 2021 |archive-url=https://web.archive.org/web/20211014052406/https://www.ajc.com/news/defense-jury-should-know-arbery-was-on-probation-when-he-died/K3WZWDV4RNDLVB2ZFQBIYXMSQ4/ |archive-date= October 14, 2021}}</ref> |
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* He excluded evidence of "minute" amounts of [[Tetrahydrocannabinol|THC]] detected in Arbery's body after his autopsy, excluded testimony of two [[use of force]] experts which the defense wanted to use regarding Travis McMichael's Coast Guard training, and excluded the introduction of graphic footage of a dying Arbery.<ref>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |title=Opening statements begin Friday in trial over Ahmaud Arbery's killing |url=https://www.ajc.com/news/atlanta-news/opening-statements-begin-friday-in-trial-over-ahmaud-arberys-killing/WONO224CNZA3ZEV7M5SSMI4WQ4/ |access-date=November 5, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 4, 2021 |archive-date=November 5, 2021 |archive-url=https://web.archive.org/web/20211105162045/https://www.ajc.com/news/atlanta-news/opening-statements-begin-friday-in-trial-over-ahmaud-arberys-killing/WONO224CNZA3ZEV7M5SSMI4WQ4/ |url-status=live }}</ref> |
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* He excluded evidence that Arbery was on probation when he was murdered, and allowed the introduction into evidence of photos and videos of a Confederate flag symbol on the truck that Travis McMichael used to pursue Arbery.<ref name=open>{{cite news |last1=Stevens |first1=Alexis |last2=Abusaid |first2=Shaddi |last3=Burns |first3=Asia Simone |title=Live Updates: Opening statements held in trial over Ahmaud Arbery's killing |url=https://www.ajc.com/news/live-updates-opening-statements-today-in-trial-over-ahmaud-arberys-killing/G4QCSOATEBBZXGQMED5X74OZ7E/ |access-date=November 6, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 5, 2021 |archive-url=https://web.archive.org/web/20211105134839/https://www.ajc.com/news/live-updates-opening-statements-today-in-trial-over-ahmaud-arberys-killing/G4QCSOATEBBZXGQMED5X74OZ7E/ |archive-date= November 5, 2021}}</ref> |
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===Jury selection=== |
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The trial of the McMichaels and Bryan in the Superior Court before Judge Walmsley began October 18, 2021, with jury selection. The jury selection process was lengthy and proceeded slowly, with the 600 potential jurors (members of the ''[[voir dire|venire]]'') questioned on what they had heard about the case and whether they had formed a belief about the guilt or innocence of the defendant, and many prospective jurors were dismissed.<ref>{{cite news |last1=Bynum |first1=Russ |title=Jury selection begins in trial over Ahmaud Arbery's death |url=https://abcnews.go.com/US/wireStory/jury-selection-start-trial-ahmaud-arberys-death-80637884 |access-date=October 18, 2021 |agency=[[Associated Press]] |publisher=[[ABC News (United States)|ABC News]] |date=October 18, 2021 |archive-url=https://web.archive.org/web/20211018050758/https://abcnews.go.com/US/wireStory/jury-selection-start-trial-ahmaud-arberys-death-80637884 |archive-date= October 18, 2021}}</ref><ref name=AJCJ>{{cite news |last1=Abusaid |first1=Shaddi |last2=Rankin |first2=Bill |title=Jury selection drags on in Arbery murder trial |url=https://www.ajc.com/news/atlanta-news/state-arberys-past-scrapes-with-law-and-mental-illness-irrelevant/IO5CHVUDCRADBNONSG4LJTPJUI/|access-date=October 21, 2021 |work=[[The Atlanta Journal-Constitution]] |date=October 20, 2021|archive-url=https://web.archive.org/web/20211021022049/https://www.ajc.com/news/atlanta-news/state-arberys-past-scrapes-with-law-and-mental-illness-irrelevant/IO5CHVUDCRADBNONSG4LJTPJUI/ |archive-date= October 21, 2021}}</ref><ref>{{cite news |last1=Abusaid |first1=Shaddi |last2=Rankin |first2=Bill |title=Judge in Ahmaud Arbery case: speed up jury selection |url=https://www.ajc.com/news/atlanta-news/judge-speed-up-jury-selection-in-trial-involving-arberys-killing/5CX53Z4Y2NFNBEVCDGYGYIL7NQ/|access-date=October 20, 2021 |work=[[The Atlanta Journal-Constitution]] |date=October 19, 2021|archive-url= https://web.archive.org/web/20211020024054/https://www.ajc.com/news/atlanta-news/judge-speed-up-jury-selection-in-trial-involving-arberys-killing/5CX53Z4Y2NFNBEVCDGYGYIL7NQ/|archive-date= October 20, 2021}}</ref> Judge Walmsley denied a defense motion to limit demonstrations near the courthouse, citing the demonstrators' [[First Amendment rights]]; the judge, however, expressed concern about social media posts that were "identifying jurors" or attempting "to influence the public".<ref>{{cite news |last1=Burns |first1=Asia Simone |last2=Rankin |first2=Bill |last3=Abusaid |first3=Shaddi |title=Judge in Arbery death case denies motion limiting protests outside courthouse |url=https://www.ajc.com/news/atlanta-news/judge-in-arbery-death-case-denies-motion-limiting-protests-outside-courthouse/U5FGN5SSMFAHDEBPNVFT7YRHII/ |access-date=October 28, 2021 |work=[[The Atlanta Journal-Constitution]] |date=October 27, 2021 |archive-date=October 28, 2021 |archive-url=https://web.archive.org/web/20211028040119/https://www.ajc.com/news/atlanta-news/judge-in-arbery-death-case-denies-motion-limiting-protests-outside-courthouse/U5FGN5SSMFAHDEBPNVFT7YRHII/ |url-status=live }}</ref> |
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On November 3, 2021, jury selection was completed. Twelve jurors and four alternates were selected. Of the 16 members, one was a black man, three were white men, and 12 were white women. The defense struck 11 of 12 prospective black jurors, the defense leaving the one black man from the qualified panel, while the prosecution used all 12 of its allotted strikes on white potential jurors. Judge Walmsley rejected a prosecution motion alleging that the defense had [[Racial discrimination in jury selection|used its strikes in a racially discriminatory way]].<ref>{{cite news |last1=Abusaid |first1=Shaddi |last2=Rankin |first2=Bill |title=11 white jurors, 1 black man seated in Arbery murder trial |url=https://www.ajc.com/news/atlanta-news/11-white-jurors-1-black-man-seated-in-arbery-murder-trial/HT57CGHRIZCXPDY574UND4NTUQ/ |access-date=November 4, 2021 |work=[[The Atlanta Journal-Constitution]] |issue=November 3, 2021|archive-url= https://web.archive.org/web/20211104012227/https://www.ajc.com/news/atlanta-news/11-white-jurors-1-black-man-seated-in-arbery-murder-trial/HT57CGHRIZCXPDY574UND4NTUQ/ |date=November 4, 2021 |url-status=live |archive-date= November 4, 2021}}</ref> Only one black person ended up serving on the jury, despite Glynn County's nearly 27% black population.<ref name=GPB /><ref name=Ortiz /> |
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===Opening statements=== |
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Opening statements for the state and the McMichaels were made on November 5, 2021.<ref name=Shaddi>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |last3=Rankin |first3=Bill |last4=Stevens |first4=Alexis |title=Prosecutors: No evidence Arbery stole anything before he was killed |url=https://www.ajc.com/news/atlanta-news/prosecutors-no-evidence-arbery-stole-anything-before-fatal-shooting/QNEPEU76Y5H43AKG3JD2UMC5VE/ |access-date=November 6, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 5, 2021 |archive-url=https://web.archive.org/web/20211106085425/https://www.ajc.com/news/atlanta-news/prosecutors-no-evidence-arbery-stole-anything-before-fatal-shooting/QNEPEU76Y5H43AKG3JD2UMC5VE/ |archive-date= November 6, 2021}}</ref> Opening statements for William "Roddie" Bryan were delivered on November 18, 2021, after the prosecution rested its case.<ref name=Simone>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |title=Bryan 'never intended to harm Mr. Arbery,' attorney tells jury |url=https://www.ajc.com/news/atlanta-news/bryan-never-intended-to-harm-mr-arbery-attorney-tells-jury/IOK66UARRFB4DKVOF766LIX3KY/ |access-date=November 22, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 18, 2021 |archive-url=https://archive.today/20211122023743/https://www.ajc.com/news/atlanta-news/bryan-never-intended-to-harm-mr-arbery-attorney-tells-jury/IOK66UARRFB4DKVOF766LIX3KY/ |archive-date=November 22, 2021 |url-status=live }}</ref> |
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Prosecutor [[Linda Dunikoski]] said the murder of Arbery arose from the defendants' "assumptions and driveway decisions ... Not on facts, not on evidence".<ref name=Shaddi/> She stated that the defendants did not have "immediate knowledge" of Arbery committing a crime that day, referencing Gregory McMichael's police statement where he said he did not know if Arbery had committed a break-in.<ref name=Tariro>{{cite news |last1=Fausset |first1=Richard |last2=Mzezewa |first2=Tariro |title=In Trial Opening, Two Starkly Different Views of Ahmaud Arbery's Death |url=https://www.nytimes.com/2021/11/05/us/ahmaud-arbery-trial.html |access-date=November 21, 2021 |work=[[The New York Times]] |date=November 5, 2021 |archive-url=https://archive.today/20211106052539/https://www.nytimes.com/2021/11/05/us/ahmaud-arbery-trial.html |archive-date=November 6, 2021 |url-status=live }}</ref> She also highlighted that twelve days before the murder, Glynn County police officer Robert Rash had relayed to the McMichaels a statement from the under-construction house's owner that Arbery "has never stolen or taken anything from his property".<ref name=Shaddi/> Dunikoski described that Arbery was "under attack" by the defendants during the chase on the day of his murder, alleging that William "Roddie" Bryan had attempted to hit Arbery with his truck four times, that Gregory McMichael told Arbery "Stop or I'll blow your fucking head off", that Gregory later described Arbery as "trapped like a rat" as a result of the chase, and that Travis McMichael had "stepped around that open door and moved toward" Arbery during the final confrontation.<ref name=Tariro/><ref name=Mason>{{cite news |last1=Mason |first1=Hayley |title=New video and evidence unveiled during opening statements as trial in Arbery shooting begins |url=https://www.cbs46.com/news/new-video-and-evidence-unveiled-during-opening-statements-as-trial-in-arbery-shooting-begins/article_8c47b098-3e8e-11ec-8d03-7f772c8e4342.html |access-date=November 21, 2021 |work=[[CBS46]] |date=November 5, 2021 |archive-date=November 21, 2021 |archive-url=https://web.archive.org/web/20211121045719/https://www.cbs46.com/news/new-video-and-evidence-unveiled-during-opening-statements-as-trial-in-arbery-shooting-begins/article_8c47b098-3e8e-11ec-8d03-7f772c8e4342.html |url-status=live }}</ref> |
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Bob Rubin, the lawyer for Travis McMichael, stated that although there was "no crime committed" in the presence of the McMichaels, "there was probable cause to believe a felony had been committed" by Arbery and that he "was attempting to escape."<ref name=Shaddi/> Rubin described the Satilla Shores neighborhood as "on edge" due to property crimes, arguing that Travis had a "duty and responsibility to protect himself and his neighborhood."<ref name=Tariro/><ref name=Mason/> Rubin stated that Travis killed Arbery "in self-defense", because if Arbery had taken Travis's gun, either Travis or Gregory would be dead.<ref name=Shaddi/> |
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Frank Hogue, the lawyer for Gregory McMichael, stated that Gregory correctly recognized Arbery from prior videos of Arbery entering the under-construction house, and that "Greg had sound reasons to believe theft had occurred{{snd}}burglary".<ref name=Shaddi/> |
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Kevin Gough, the lawyer for William "Roddie" Bryan, stated that Bryan "had no intent to strike or injure" Arbery, while noting that Bryan had not taken his rifle along for the chase. Gough argued that there was "scant evidence" that Bryan attempted to "conceal or minimize his involvement" in the incident, because Bryan did not dispose of the cellphone video of the chase and shooting; Bryan instead passed the video to the police.<ref name=Simone/><ref>{{cite news |last1=Sayers |first1=Devon |last2=Spells |first2=Alta |last3=Hanna |first3=Jason |last4=Maxouris |first4=Christina |title=Travis McMichael takes stand and describes moment he shot Ahmaud Arbery |url=https://edition.cnn.com/2021/11/17/us/ahmaud-arbery-killing-trial-day-9-wednesday/index.html |access-date=November 22, 2021 |work=[[CNN]] |date=November 18, 2021 |archive-date=November 22, 2021 |archive-url=https://web.archive.org/web/20211122024002/https://edition.cnn.com/2021/11/17/us/ahmaud-arbery-killing-trial-day-9-wednesday/index.html |url-status=live }}</ref> |
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===Evidence presentation by the state=== |
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The prosecution presented evidence from November 5 to November 16, 2021.<ref name=open/><ref name=bynum16/> |
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==== Law enforcement ==== |
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Robert Rash, a Glynn County police officer, testified that (1) after speaking to Larry English, the owner of the under-construction house, Rash had been searching for Arbery to warn him against trespassing; (2) having known Gregory McMichael professionally, Rash in December 2019 discussed the "unidentified black male" with Greg. At Gregory's suggestion, Rash shared Gregory's cellphone with English, because Rash wanted Gregory to be "an expert witness to be on the phone with 911" to help identify Arbery; (3) Rash never deputized Gregory or gave him any authority; (4) Rash later shared security camera videos of Arbery with the McMichaels 12 days before the murder, while telling the McMichaels that English "hasn't seen him actually take anything"; (5) also at that time, Rash told the McMichaels about a gun theft incident "down the road" that did not involve Arbery: "we got on video the car that people come in and stole them, they were from another neighborhood."<ref>{{cite news |last1=Bynum |first1=Russ |title=Officer: Ahmaud Arbery would have received trespass warning |url=https://apnews.com/article/racial-injustice-brunswick-georgia-b033cc134abf8d95169da9d6fae13677 |access-date=November 16, 2021 |work=[[Associated Press]] |date=November 13, 2021 |archive-date=November 16, 2021 |archive-url=https://web.archive.org/web/20211116044614/https://apnews.com/article/racial-injustice-brunswick-georgia-b033cc134abf8d95169da9d6fae13677 |url-status=live }}</ref><ref>{{cite news |last1=Allen |first1=Jonathan |title=Police showed defendants video of Ahmaud Arbery before shooting, Georgia jury hears |url=https://www.reuters.com/world/us/police-showed-defendants-video-ahmaud-arbery-before-shooting-georgia-jury-hears-2021-11-12/ |access-date=November 16, 2021 |work=[[Reuters]] |date=November 13, 2021 |archive-date=November 16, 2021 |archive-url=https://web.archive.org/web/20211116044614/https://www.reuters.com/world/us/police-showed-defendants-video-ahmaud-arbery-before-shooting-georgia-jury-hears-2021-11-12/ |url-status=live }}</ref><ref>{{cite news |title=Break-in by white suspect was caught on camera in neighborhood where Ahmaud Arbery was shot |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-white-break-in-suspect/85-aa94155a-85d6-4df3-83a9-6332be9fa4a8 |access-date=November 16, 2021 |work=[[11Alive]] |date=November 12, 2021 |first1=Jonathan |last1=Raymond |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126191013/https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-white-break-in-suspect/85-aa94155a-85d6-4df3-83a9-6332be9fa4a8 |url-status=live }}</ref> |
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Ricky Minshew, who was a Glynn County police officer at the time of the murder, testified he was seconds away from the scene at the time of the shots, having responded to a non-emergency report about a "suspicious black male" leaving a home under construction. Minshew said he arrived at the scene seeing Arbery in a pool of blood and heard a "death rattle" from Arbery, but did not render medical attention as he did not have "adequate medical training" to handle such a serious injury, and also because there were no "police units to watch my back" when he arrived. Minshew testified that he questioned William "Roddie" Bryan at the scene, where Bryan said the following: (1) that he was not familiar with Arbery or the McMichaels when Bryan joined the chase; (2) that he was not sure if Arbery did anything wrong; (3) that he did not know if he should have chased Arbery at all; (4) that he tried to "corner" Arbery with his vehicle five times; (5) that Arbery "had to stop and catch his breath",<ref name=min>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |last3=Rankin |first3=Bill |title=Ahmaud Arbery case: Police officer was seconds away when fatal shooting happened |url=https://www.ajc.com/news/atlanta-news/ahmaud-arbery-case-police-officer-was-seconds-away-when-fatal-shooting-happened/AORWP5T2SJHCTOPFICWLA2YONU/|access-date=November 9, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 8, 2021|archive-url=https://web.archive.org/web/20211109030258/https://www.ajc.com/news/atlanta-news/ahmaud-arbery-case-police-officer-was-seconds-away-when-fatal-shooting-happened/AORWP5T2SJHCTOPFICWLA2YONU/ |archive-date= November 9, 2021}}</ref> and seemed "tired of running"; (6) that he heard one of the McMichaels shouting at Arbery: "What'd you steal? What'd you do?" during the chase.<ref>{{cite news |last1=Allen |first1=Jonathan |last2=McKay |first2=Rich |title=Ahmaud Arbery appeared 'tired of running' before he was shot, jury hears |url=https://www.reuters.com/world/us/georgia-jury-sees-crime-scene-photographs-ahmaud-arberys-body-2021-11-08/ |access-date=November 12, 2021 |work=[[Reuters]] |date=November 9, 2021 |archive-date=November 12, 2021 |archive-url=https://web.archive.org/web/20211112054810/https://www.reuters.com/world/us/georgia-jury-sees-crime-scene-photographs-ahmaud-arberys-body-2021-11-08/ |url-status=live }}</ref> |
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William Duggan, a Glynn County police officer, testified that he came to the scene after hearing a "shots fired" report on his radio. The jury was shown Duggan's body camera and dashboard camera footage, which included graphic video of Arbery's body. Duggan said he attended to Arbery, intending to stop the bleeding from a large chest wound, but then realized that Arbery was already dead. Duggan said he saw Travis McMichael covered in blood and asked if Travis was OK, to which Travis replied: "No I'm not OK ... I just effing{{sic}} killed somebody." Duggan described Travis as very upset and cooperative.<ref name=min/><ref>{{cite news |last1=Mzezewa |first1=Tariro |title='There was blood all over': A police officer describes the scene of Ahmaud Arbery's death. |url=https://www.nytimes.com/2021/11/05/us/arbery-shooting-trial-witness-police.html |access-date=November 11, 2021 |archive-date=November 6, 2021 |work=[[The New York Times]] |date=November 6, 2021 |archive-url=https://archive.today/20211106012146/https://www.nytimes.com/2021/11/05/us/arbery-shooting-trial-witness-police.html |url-status=live}}</ref><ref>{{cite news |last1=Ford |first1=Hope |title=Police officer is first witness called in death of Ahmaud Arbery trial |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/police-officer-is-first-witness-called-in-death-of-ahmaud-arbery-trial/85-38fef489-5057-4d11-818e-3b0524070011 |access-date=November 11, 2021 |work=[[11alive]] |date=November 5, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126190952/https://www.11alive.com/article/news/crime/ahmaud-arbery/police-officer-is-first-witness-called-in-death-of-ahmaud-arbery-trial/85-38fef489-5057-4d11-818e-3b0524070011 |url-status=live }}</ref> |
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Jeff Brandeberry, a Glynn County police officer, testified that he interviewed Gregory McMichael at the scene, who was "pretty amped up" and seemed "a little upset".<ref name=adj92>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |title=Officer: Greg McMichael was 'amped up' after Arbery was fatally shot |url=https://www.ajc.com/news/atlanta-news/officer-greg-mcmichael-was-amped-up-after-arbery-was-fatally-shot/A2ED6RSHRBA2TEU4QHPAJQXDKA/ |access-date=November 9, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 9, 2021|archive-url= https://web.archive.org/web/20211109232153/https://www.ajc.com/news/atlanta-news/officer-greg-mcmichael-was-amped-up-after-arbery-was-fatally-shot/A2ED6RSHRBA2TEU4QHPAJQXDKA/|archive-date= November 9, 2021}}</ref> Brandeberry recounted Gregory saying the following: (1) that he had seen Arbery "hauling ass down the street" past his house in a "dead run";<ref name=Kirkland>{{cite news |last1=Sayers |first1=Devon M. |last2=Kirkland |first2=Pamela |title=Detective testifies that Gregory McMichael told him he did not see Ahmaud Arbery commit a crime |url=https://lite.cnn.com/en/article/h_84b94e956775e785ec542f70c5eacd76 |access-date=November 22, 2021 |work=[[CNN]] |date=November 10, 2021 |archive-date=November 22, 2021 |archive-url=https://web.archive.org/web/20211122055600/http://lite.cnn.com/en/article/h_84b94e956775e785ec542f70c5eacd76 |url-status=live }}</ref> (2) that Arbery had been "breaking in all these houses out here ... he makes frequent trips to the neighborhood and gets caught on video cameras every third or fourth night breaking into places and no one's been able to catch him";<ref name=bynum10>{{cite news |last1=Bynum |first1=Russ |title=Testimony: Ahmaud Arbery slaying defendant changed his story |url=https://apnews.com/article/ahmaud-arbery-brunswick-georgia-shootings-d0c7ab042db2d93659abf8f8315da49a |access-date=November 12, 2021 |work=[[Associated Press]] |date=November 10, 2021 |archive-date=November 12, 2021 |archive-url=https://web.archive.org/web/20211112004334/https://apnews.com/article/ahmaud-arbery-brunswick-georgia-shootings-d0c7ab042db2d93659abf8f8315da49a |url-status=live }}</ref> (3) that "a driving force in my mind is my son had a missing pistol and this guy I don't know for a fact this guy has been going over doing this crap over and over ... I saw him if I could've gotten a shot, I would have shot him myself";<ref name=mason>{{cite news |last1=Mason |first1=Hayley |title=Prosecution focuses on Greg McMichael as ring leader on day three of Arbery murder trial |url=https://www.cbs46.com/news/prosecution-focuses-on-greg-mcmichael-as-ring-leader-on-day-three-of-arbery-murder-trial/article_8953e6d0-41be-11ec-b0f7-171b7c2a6a60.html |access-date=November 12, 2021 |work=[[CBS46]] |date=November 10, 2021 |archive-date=November 12, 2021 |archive-url=https://web.archive.org/web/20211112062708/https://www.cbs46.com/news/prosecution-focuses-on-greg-mcmichael-as-ring-leader-on-day-three-of-arbery-murder-trial/article_8953e6d0-41be-11ec-b0f7-171b7c2a6a60.html |url-status=live }}</ref> (4) that the blood on Gregory's hand came from checking if Arbery had a gun;<ref name=bynum10/> and (5) that Arbery was "an asshole. He was hooked up when he came around the corner."<ref name=mason/> |
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Parker Marcy, a Glynn County police detective, who had interviewed Gregory McMichael at the police station later in the day of the murder, testified that Gregory told him: (1) that he had seen Arbery on surveillance videos shared by a neighbor and "had heard a description of him", but was unsure if he had seen Arbery in person before ("never" or "maybe"); (2) that he saw "two or three videos" showing "this guy breaking into or being or wandering around into this [under-construction] house ... I don't think the guy has stolen anything out of there, and if he did it was early on in this process, but he keeps going back in that house over and over again";<ref name=mason/><ref name=bynum10/> (3) that he considered Arbery a "prime suspect" in "numerous" forcible entries into buildings and vehicles ("Logic tells you that this guy may be the one that's doing it");<ref name=adj92/> (4) he told Arbery during the chase words akin to "Stop ... I'll blow your fucking head off", because "I was trying to convey to this guy we were not playing"; (5) that Gregory had once pointed his gun at Arbery;<ref name=bynum10/><ref>{{cite news |last1=Boryga |first1=Andrew |title=Arbery Killer's Dad Wanted to Shoot Him Too, Witness Testifies |url=https://www.thedailybeast.com/ahmaud-arbery-killers-dad-gregory-mcmichael-wanted-to-shoot-him-too-witness-testifies |access-date=November 14, 2021 |work=[[The Daily Beast]] |date=November 9, 2021 |archive-date=November 14, 2021 |archive-url=https://web.archive.org/web/20211114025431/https://www.thedailybeast.com/ahmaud-arbery-killers-dad-gregory-mcmichael-wanted-to-shoot-him-too-witness-testifies |url-status=live }}</ref> and (6) that the chase resulted in Arbery being "cornered ... like a rat".<ref name=adj92/> Marcy further stated that surveillance video did not show Arbery taking anything from the under-construction house that day.<ref name=bynum10/> |
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Roderic Nohilly, a Glynn County police detective who had previously known Gregory McMichael professionally, interviewed Gregory at the police station later in the day of the murder. Nohilly testified that Gregory told him: (1) "I don't know. [...] He might have", in response to Nohilly's question on whether Arbery broke into a house that day; (2) that he saw Arbery "hauling ass" past his house, "getting the hell out of there", prompting him to take his handgun and call for Travis; (3) that they "chased [Arbery] around the neighborhood for a bit, but he wasn't winded at all"; (4) that Arbery was "trapped like a rat" in the chase, "wanting to flee", but "realized ... he was not going to get away"; (5) that Arbery wanted to "grab [Travis'] gun and probably shoot Travis ... If he'd had gotten that shotgun, and there was no separation between Travis and him, I was going to cap his ass".<ref name=Sayers>{{cite news |last1=Sayers |first1=Devon |last2=Kirkland |first2=Pamela |title=Prosecutors play 911 calls Travis McMichael made weeks before Arbery's killing |url=https://lite.cnn.com/en/article/h_45e44673ae02b389cf48ba102fdf2602 |access-date=November 14, 2021 |work=[[CNN]] |date=November 13, 2021 |archive-date=November 14, 2021 |archive-url=https://web.archive.org/web/20211114130248/http://lite.cnn.com/en/article/h_45e44673ae02b389cf48ba102fdf2602 |url-status=live }}</ref><ref name= aj10>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia Simone |title=Neighbor who called police on Arbery expresses regret |url=https://www.ajc.com/news/atlanta-news/neighbor-who-called-police-on-arbery-expresses-regret/2VC6KQXAWNHJNCUR5CW3UKNPCU/ |access-date=November 12, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 10, 2021 |archive-url=https://web.archive.org/web/20211111032302/https://www.ajc.com/news/atlanta-news/neighbor-who-called-police-on-arbery-expresses-regret/2VC6KQXAWNHJNCUR5CW3UKNPCU/ |archive-date= November 11, 2021}}</ref><ref name=bynum11>{{cite news |last1=Bynum |first1=Russ |title=Defendant: Ahmaud Arbery 'trapped like a rat' before slaying |url=https://apnews.com/article/racial-injustice-brunswick-georgia-crime-shootings-a75eaabd9d3c0cec796ca18fefd1652b |access-date=November 14, 2021 |work=[[Associated Press]] |date=November 11, 2021 |archive-date=November 13, 2021 |archive-url=https://web.archive.org/web/20211113225015/https://apnews.com/article/racial-injustice-brunswick-georgia-crime-shootings-a75eaabd9d3c0cec796ca18fefd1652b |url-status=live }}</ref><ref>{{cite news |last1=Allen |first1=Jonathan |title=In deadly pursuit, black jogger Arbery knew he was trapped, jury hears |url=https://www.reuters.com/world/us/ahmaud-arbery-knew-he-was-not-going-get-away-jury-hears-2021-11-10/ |access-date=November 14, 2021 |work=[[Reuters]] |date=November 11, 2021 |archive-date=November 14, 2021 |archive-url=https://web.archive.org/web/20211114130242/https://www.reuters.com/world/us/ahmaud-arbery-knew-he-was-not-going-get-away-jury-hears-2021-11-10/ |url-status=live }}</ref> |
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Stephan Lowrey, formerly a Glynn County police investigator who worked on the case, had interviewed Bryan at the police station later in the day of the murder. Lowrey testified that Bryan told him: |
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(1) that he had seen Arbery "running down the road" with a truck "following", so Bryan entered his own vehicle to "assist"; (2) that he had not seen Arbery before and did not know if Arbery was involved with "any past instances", (3) that during the chase, he tried to cut off Arbery multiple times, "angled" Arbery "off the side of the road", but "didn't hit him"; and (4) that Arbery was trying to open Bryan's truck door during the chase. Lowrey further testified that Arbery's fingerprints were found on Bryan's truck door, next to a dent in the truck's body. Regarding the status of the Glynn County investigation before the Georgia Bureau of Investigation takeover, Lowrey said that it could be described as "inactive".<ref name=Sayers/><ref name=bynum11/><ref name=aj11>{{cite news |last1=Burns |first1=Asia Simone |last2=Abusaid |first2=Shaddi |last3=Rankin |first3=Bill |title=Ahmaud Arbery death trial: Day 4 of testimony |url=https://www.ajc.com/news/atlanta-news/live-updates-testimony-continues-on-day-4-of-arbery-death-trial/VY6W4W6TYNCCXG2AG2LQ327NQA/ |access-date=November 12, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 10, 2021 |archive-url=https://archive.today/20211115070827/https://www.ajc.com/news/atlanta-news/live-updates-testimony-continues-on-day-4-of-arbery-death-trial/VY6W4W6TYNCCXG2AG2LQ327NQA/ |archive-date=November 15, 2021 |url-status=live}}</ref> |
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Jason Seacrist, a Georgia Bureau of Investigation agent, who interviewed Bryan in May 2020, testified that (1) Bryan said he "didn't know for sure" if Arbery did something wrong, but "instinct" indicated Arbery did, and Bryan ultimately "figured he stole something"; (2) compared to his earlier interviews, Bryan played down his involvement in the chase in the later interview, stating that he wanted to slow Arbery down and take a picture of Arbery to identify him to the police.<ref name=Alta>{{cite news |last1=Sayers |first1=Devon |last2=Spells |first2=Alta |last3=Maxouris |first3=Christina |title=Agent testifies defendant accused in Arbery's killing said he had an 'instinct' the black jogger had done something wrong |url=https://edition.cnn.com/2021/11/12/us/ahmaud-arbery-killing-trial-day-6-friday/index.html |access-date=November 16, 2021 |work=[[CNN]] |date=November 13, 2021 |archive-date=November 15, 2021 |archive-url=https://web.archive.org/web/20211115205814/https://edition.cnn.com/2021/11/12/us/ahmaud-arbery-killing-trial-day-6-friday/index.html |url-status=live }}</ref><ref>{{cite news |last1=Abusaid |first1=Shaddi |title=Defendant 'minimized' involvement in Arbery's killing, GBI agent says |url=https://www.ajc.com/news/atlanta-news/defendant-minimized-involvement-in-arberys-killing-gbi-agent-says/RBVRIB7D7JGMBJQ6QVHQF5P6WE/ |access-date=November 16, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 13, 2021 |archive-date=November 16, 2021 |archive-url=https://web.archive.org/web/20211116085929/https://www.ajc.com/news/atlanta-news/defendant-minimized-involvement-in-arberys-killing-gbi-agent-says/RBVRIB7D7JGMBJQ6QVHQF5P6WE/ |url-status=live }}</ref> |
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Richard Dial, a Georgia Bureau of Investigation agent, led the organization's investigation into Arbery's murder. Dial testified that (1) Bryan's behavior was not that of a "witness", as he was "pursuing" Arbery and "trying to box him in between two different vehicles";<ref name=bynum16>{{cite news |last1=Bynum |first1=Russ |title=Prosecution rests in trial of men who chased Ahmaud Arbery |url=https://apnews.com/article/ahmaud-arbery-crime-georgia-race-and-ethnicity-brunswick-2c4f212153949b6f65e679eb2ab2444b |access-date=November 17, 2021 |work=[[Associated Press]] |date=November 16, 2021 |archive-date=November 17, 2021 |archive-url=https://web.archive.org/web/20211117005719/https://apnews.com/article/ahmaud-arbery-crime-georgia-race-and-ethnicity-brunswick-2c4f212153949b6f65e679eb2ab2444b |url-status=live }}</ref> (2) during the chase, Bryan had to reverse his vehicle to continue his pursuit of Arbery after Arbery turned into another street and Bryan overshot the turn. Maps compiled by the Georgia Bureau of Investigation showed that the McMichaels' vehicle looped around to the other end of the street Arbery was on, such that Arbery was between Bryan and the McMichaels, with no way to leave the street without meeting one of their vehicles.<ref>{{cite news |last1=Nunez |first1=Gabriella |title=Prosecutors map out Ahmaud Arbery's jog before resting its case in trial |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/mapping-ahmaud-arberys-run-how-2-mile-jog-turned-into-evidence/85-0b472389-3fd3-4119-a85e-91d56781504b |access-date=November 17, 2021 |work=[[11Alive]] |date=November 16, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126191043/https://www.11alive.com/article/news/crime/ahmaud-arbery/mapping-ahmaud-arberys-run-how-2-mile-jog-turned-into-evidence/85-0b472389-3fd3-4119-a85e-91d56781504b |url-status=live }}</ref> |
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Other Georgia Bureau of Investigation members who testified were (1) Lawrence Kelly, who analyzed phone records and concluded that Bryan did not communicate with the McMichaels on the day of the shooting or before; (2) Jesse Worley, who said that Arbery's fingerprints were found on Bryan's truck; (3) Anne Kisler-Rao, who said that fibers from the side of Bryan's truck were consistent with those of Arbery's shirt, (4) Brian Leppard, who said that Travis' shotgun was fired very close to Arbery's armpit, close enough to touch Arbery's shirt and close enough for Arbery to possibly grab.<ref>{{cite news |last1=Tracy |first1=Kailey |title='I finally got the chance to see the shotgun that killed my son' – Reverend Jesse Jackson comforts Ahmaud Arbery's parents as shotgun shown in court |url=https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/reverend-jesse-jackson-comforts-ahmaud-arberys-parents-as-shotgun-shown-in-court/77-11315146-b63a-4142-b5d6-1d33f1516ffb |access-date=November 16, 2021 |work=[[WTLV]] |date=November 15, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126190955/https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/reverend-jesse-jackson-comforts-ahmaud-arberys-parents-as-shotgun-shown-in-court/77-11315146-b63a-4142-b5d6-1d33f1516ffb |url-status=live }}</ref><ref>{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Habersham |first2=Raisa |title=Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial |url=https://www.usatoday.com/story/news/nation/2021/11/15/jesse-jackson-courtroom-ahmaud-arbery-death-trial/8623082002/ |access-date=November 16, 2021 |work=[[USA Today]] |date=November 15, 2021 |archive-date=November 15, 2021 |archive-url=https://web.archive.org/web/20211115213341/https://www.usatoday.com/story/news/nation/2021/11/15/jesse-jackson-courtroom-ahmaud-arbery-death-trial/8623082002/ |url-status=live }}</ref> |
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==== Other ==== |
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During testimony by Cara Richardson, director of the Glynn-Brunswick 911 call center, several calls were played for the jury to hear. In July 2019, Gregory McMichael reported "a lot of break-ins in this area, automobile break-ins. And my son and I just discovered" a male suspect, "he may be living under Bluff Creek bridge ... We just made contact with him". [[#Prior thefts and trespassing incidents reported|Other calls made by Travis McMichael in January 2020 and mid-February 2020]] were also played, as well as [[#Security cameras and 911 calls before the shooting|a call by Gregory McMichael at the time of the incident]].<ref name=Sayers/><ref>{{cite news |last1=Sharp |first1=Rachel |title=Ahmaud Arbery death: Jury hears 911 calls made by two of the white men accused of murdering Black jogger |url=https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-death-911-calls-b1956135.html |access-date=November 15, 2021 |work=[[The Independent]] |date=November 12, 2021 |archive-date=November 15, 2021 |archive-url=https://web.archive.org/web/20211115083208/https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-death-911-calls-b1956135.html |url-status=live }}</ref> |
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Security camera videos showed the jury that Arbery had visited Larry English's under-construction house five times between October 2019 to February 2020.<ref name=bynum12>{{cite news |last1=Bynum |first1=Russ |title=Videos of Ahmaud Arbery roaming vacant home shown to jury |url=https://apnews.com/article/racial-injustice-brunswick-09fb66574adbc30697c4e9bd12eef998 |access-date=November 15, 2021 |work=[[Associated Press]] |date=November 12, 2021 |archive-date=November 15, 2021 |archive-url=https://web.archive.org/web/20211115015027/https://apnews.com/article/racial-injustice-brunswick-09fb66574adbc30697c4e9bd12eef998 |url-status=live }}</ref> The videos showed that Arbery had no bag, and he did not touch or take any items from the house.<ref name=Mzezewa>{{cite news |last1=Fausset |first1=Richard |last2=Mzezewa |first2=Tariro |title=In Trial of Men Accused of Arbery Murder, Jurors Consider Security Videos |url=https://www.nytimes.com/2021/11/11/us/ahmaud-arbery-videos-trial.html |access-date=November 15, 2021 |work=[[The New York Times]] |date=November 11, 2021 |archive-date=November 15, 2021 |archive-url=https://web.archive.org/web/20211115160304/https://www.nytimes.com/2021/11/11/us/ahmaud-arbery-videos-trial.html |url-status=live }}</ref><ref name=raymond11>{{cite news |last1=Raymond |first1=Jonathan |title='I think they might be trying to steal' – Homeowner's 911 call on white couple in Ahmaud Arbery death trial |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-larry-english-deposition/85-1f5ed84b-b5ae-47e8-9ced-e8065170eea8 |access-date=November 15, 2021 |work=[[11Alive]] |date=November 11, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126191037/https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-larry-english-deposition/85-1f5ed84b-b5ae-47e8-9ced-e8065170eea8 |url-status=live }}</ref> The jury also saw more security camera footage from the house, displaying other incidents of two white boys taking plywood from the property's garage, and separately, a white man and woman entering the house at night with a small bag.<ref name=bynum12/> English made multiple 911 calls regarding the white couple, once saying: "I know that first time they went in and stole", from the boat at his property.<ref name=raymond11/> English also called 911 over Arbery in 2019, describing him as a "trespasser".<ref name=bynum12/> Citing ill health, English did not testify live in court, but instead a September 2021 video [[Deposition (law)|deposition]] of his was shown to the jury.<ref name=bynum12/><ref name=Hanna>{{cite news |last1=Hanna |first1=Jason |last2=Sayers |first2=Devon |last3=Spells |first3=Alta |title=Homeowner who called 911 about people at site in months before Arbery's killing testified he did not ask the McMichaels to help secure his property |url=https://edition.cnn.com/2021/11/11/us/ahmaud-arbery-killing-trial-day-5/index.html |access-date=November 15, 2021 |work=[[CNN]] |date=November 13, 2021 |archive-date=November 14, 2021 |archive-url=https://web.archive.org/web/20211114182608/https://edition.cnn.com/2021/11/11/us/ahmaud-arbery-killing-trial-day-5/index.html |url-status=live }}</ref> English testified in his deposition that (1) people frequently explored his under-construction house;<ref>{{cite news |last1=Raymond |first1=Jonathan |title=Jury hears from owner of unfinished home at center of Ahmaud Arbery death trial |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-larry-english-unfinished-home-satilla-shores/85-f284994c-8145-491f-81ca-40b4b865fc44 |access-date=November 15, 2021 |work=[[11Alive]] |date=November 11, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125031608/https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-larry-english-unfinished-home-satilla-shores/85-f284994c-8145-491f-81ca-40b4b865fc44 |url-status=live }}</ref> (2) he called 911 on Arbery in 2019 wanting police to tell Arbery "not to be there anymore";<ref name=bynum12/> (3) he barely knew the McMichaels and had never met William Bryan;<ref name=Mzezewa/> (4) as to whether he told the McMichaels about incidents at his house – "probably", but "not sure"; (5) he had not authorized the McMichaels to confront anyone on his property; and (6) he did authorize a different neighbor (not Bryan) to check his property.<ref name=Hanna/> |
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Kellie Parr, whose parents are residents of Satilla Shores, testified that in either December 2019 or January 2020, she saw a man at the under-construction house, whom she now believes to be Arbery. Parr said that the man was "just standing in the door frame and we just kind of looked at each other as I drove by", and that the man "didn't like hide or anything".<ref>{{cite news |last1=Raymond |first1=Jonathan |title='Don't be racist' – Woman believes she saw Ahmaud Arbery at unfinished house weeks before shooting |url=https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-kellie-parr-testimony/85-45da552d-c227-4257-88ad-7c060911fc77 |access-date=November 15, 2021 |work=[[11Alive]] |date=November 10, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125031642/https://www.11alive.com/article/news/crime/ahmaud-arbery/ahmaud-arbery-death-trial-kellie-parr-testimony/85-45da552d-c227-4257-88ad-7c060911fc77 |url-status=live }}</ref> |
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Matthew Albenze, a Satilla Shores resident, testified that (1) he saw Arbery "just looking around" inside the under-construction house on the day of the murder; (2) in reaction to that, he put a handgun in his pocket, and called the police non-emergency number from across the street; (3) he chose not to call 911 because he "did not see an emergency"; (4) that Arbery ran off during Albenze's call, to which Albenze said: "I don't know why he took off running. I don't know if he saw me or not".<ref name= aj10/><ref name=bynum11/> [[#Security cameras and 911 calls before the shooting|Albenze's call]] was played to the jury.<ref name=Hauck/> |
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Edmund Donoghue, the state medical examiner who conducted Arbery's autopsy, testified that both the first and third shotgun blasts resulted in fatal injuries in Arbery, such that police or paramedics would not have been able to save Arbery's life. The first blast cut through Arbery's right wrist artery and pierced Arbery's chest, breaking ribs and causing massive internal bleeding; the second blast missed; and the third blast cut through a major artery and vein close to Arbery's left armpit, fracturing bones.<ref name=bynum16/> |
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===Evidence presentation by the defense=== |
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The defense presented testimony on November 17 and 18, 2021.<ref name=bynum18>{{cite news |last1=Bynum |first1=Russ |title=Man who shot Arbery testifies: 'He had my gun. He struck me' |url=https://apnews.com/article/ahmaud-arbery-trial-mcmichael-defense-17c18146928e28f1f48522b61e443719 |access-date=November 18, 2021 |work=[[Associated Press]] |date=November 18, 2021 |archive-date=November 18, 2021 |archive-url=https://web.archive.org/web/20211118050512/https://apnews.com/article/ahmaud-arbery-trial-mcmichael-defense-17c18146928e28f1f48522b61e443719 |url-status=live }}</ref><ref name=Hobbs>{{cite news |last1=Hobbs |first1=Larry |title=Prosecutors crosses Travis McMichael, defense rests |url=https://thebrunswicknews.com/news/local_news/prosecutors-crosses-travis-mcmichael-defense-rests/article_02d4becf-2c59-5e18-9a98-cff69c178945.html |access-date=November 21, 2021 |work=[[The Brunswick News]] |date=November 19, 2021 |archive-url=https://archive.today/20211121134809/https://thebrunswicknews.com/news/local_news/prosecutors-crosses-travis-mcmichael-defense-rests/article_02d4becf-2c59-5e18-9a98-cff69c178945.html |archive-date=November 21, 2021 |url-status=live }}</ref> Travis McMichael was the only defendant to testify; Gregory McMichael and William "Roddie" Bryan did not testify.<ref name=Hobbs/> |
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On the first day of his testimony, Travis testified that (1) crime had increased in the neighborhood in the months before the shooting, but he did not have complete information on who committed the crimes;<ref name=Abusaid>{{cite news |last1=Abusaid |first1=Shaddi |last2=Burns |first2=Asia |last3=Rankin |first3=Bill |title='A life or death situation': Travis McMichael testifies in his own defense |url=https://www.ajc.com/news/atlanta-news/a-life-or-death-situation-travis-mcmichael-testifies-in-his-own-defense/DNJUJUO4BBBRJEKRACQWV7VRHI/ |access-date=November 18, 2021 |work=[[The Atlanta Journal-Constitution]] |date=November 18, 2021 |archive-url=https://archive.today/20211118042011/https://www.ajc.com/news/atlanta-news/a-life-or-death-situation-travis-mcmichael-testifies-in-his-own-defense/DNJUJUO4BBBRJEKRACQWV7VRHI/ |archive-date=November 18, 2021 |url-status=live }}</ref> (2) he was aware that items were stolen from the boat at his neighbor's under-construction property, and that he knew that "several people" had entered the property, any of whom could have stolen the items;<ref name=bynum18/><ref name=Abusaid/> (3) twelve days before the shooting, he saw Arbery "creeping" outside the under-construction house and he confronted Arbery, who reached towards his waistband, leading Travis to leave and call 911, because he was "not going to chase or investigate somebody who might be armed";<ref name=bynum18/> (4) on the day of the shooting, Gregory McMichael, in nearly a "frantic state", told Travis to "grab your gun" because "the guy who has been breaking in down the road" had run past their house;<ref name=bynum18/><ref name=Sharp>{{cite news |last1=Sharp |first1=Rachel |title=Ahmaud Arbery: Travis McMichael weeps on the stand as he seeks to 'give my side of the story' in shooting |url=https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-travis-mcmichael-stand-trial-b1959630.html |access-date=November 18, 2021 |work=[[The Independent]] |date=November 18, 2021 |archive-date=November 17, 2021 |archive-url=https://web.archive.org/web/20211117202100/https://www.independent.co.uk/news/world/americas/crime/ahmaud-arbery-travis-mcmichael-stand-trial-b1959630.html |url-status=live }}</ref> (5) he suspected that Arbery had been caught "breaking in" or been involved in an "altercation".<ref name=Sharp/> (6) when he and his father chased Arbery in Travis's vehicle, he caught up with Arbery and recognized him as the person he saw twelve days earlier; (7) he mistakenly thought his father indicated that the police had been called;<ref name=Hutchinson>{{cite news |last1=Hutchinson |first1=Bill |title=Travis McMichael testifies in his own defense in Ahmaud Arbery case |url=https://abcnews.go.com/US/travis-mcmichael-testifies-defense-ahmaud-arbery-case/story?id=81227117 |access-date=November 18, 2021 |work=[[ABC News (United States)|ABC News]] |date=November 18, 2021 |archive-date=November 18, 2021 |archive-url=https://web.archive.org/web/20211118001554/https://abcnews.go.com/US/travis-mcmichael-testifies-defense-ahmaud-arbery-case/story?id=81227117 |url-status=live }}</ref> (8) he chased Arbery to ask questions, with Travis asking: "Hey, what are you doing? What's going on?---" and Arbery did not reply;<ref>{{cite news |last1=Allen |first1=Jonathan |title='Life or death:' Travis McMichael tells Georgia jury he felt threatened by Ahmaud Arbery |url=https://www.reuters.com/world/us/ahmaud-arbery-could-have-asked-defendant-help-defense-tells-georgia-jury-2021-11-17/ |access-date=November 18, 2021 |work=[[Reuters]] |date=November 18, 2021 |archive-date=November 18, 2021 |archive-url=https://web.archive.org/web/20211118003528/https://www.reuters.com/world/us/ahmaud-arbery-could-have-asked-defendant-help-defense-tells-georgia-jury-2021-11-17/ |url-status=live }}</ref> (9) he continued chasing and attempted to "de-escalate" by asking Arbery to "stop", but Arbery looked "very angry", turned around, and ran in the opposite direction;<ref name=Hutchinson/> (10) he caught up with Arbery again, saying that "police are on the way," causing Arbery to run faster, hence Travis became more suspicious;<ref name=bynum18/> (11) he also chased Arbery because he wanted to "let the police know where [Arbery was] at and watch what's going on, to see where he's going;"<ref name=Abusaid/> (12) he circled the neighborhood to track Arbery, eventually seeing him running beside a black truck, which Arbery was "hitting" and "grabbing ... looked like he was trying to get in;" (13) he had not asked Bryan to join the chase and "didn't know where [Bryan's black] truck came from;"<ref name=Sharp/><ref name=Hutchinson/> (14) he stopped his vehicle and got out, then again asked his father if he had called police, to which his father indicated he had no phone;<ref name=Sharp/> (15) he then saw Arbery running towards him alone, viewed Arbery as "dangerous", shouted at Arbery to "stop", and reached for his shotgun from his vehicle, to which Arbery turned around and ran away.<ref name=Hobbs/><ref name=Sharp/> (16) regarding the final confrontation captured on video by Bryan, he saw Arbery once again running toward him, this time followed by the black truck, so he passed his cellphone to his father;<ref name=Hobbs/><ref name=Hutchinson/> (17) thinking that Arbery was "going to attack", he pointed his shotgun at Arbery "to deter him to do not come at me;"<ref name=bynum18/><ref name=Sharp/> (18) Arbery ran around Travis's vehicle from the passengers side to the front, while Travis moved from the driver's side to the front of the vehicle to ensure that he could still see Arbery, thinking that Arbery "might be armed" and was a threat to Greg;<ref name=Hobbs/><ref name=Sharp/> and that (19) Arbery engaged Travis at the vehicle's front, grabbing the gun and hitting him---so he shot Arbery to stop him from taking the gun.<ref name=bynum18/> |
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On the second day of his testimony, Travis McMichael testified that (20) he never told Arbery that Arbery was under arrest for any crime, because "I didn't have time. I was still trying to get him to stop;" (21) later when making a statement to the police, he did not say that he and Gregory were trying to arrest Arbery;<ref name=Bolden>{{cite news |last1=Evans |first1=Sean |last2=Bolden |first2=Bria |title=Travis McMichael testifies Arbery never threatened him or pulled out a weapon |url=https://www.wtoc.com/2021/11/18/travis-mcmichael-testifies-arbery-never-threatened-him-or-pulled-out-weapon/ |access-date=November 19, 2021 |work=[[WTOC-TV]] |date=November 19, 2021 |archive-date=November 18, 2021 |archive-url=https://web.archive.org/web/20211118235947/https://www.wtoc.com/2021/11/18/travis-mcmichael-testifies-arbery-never-threatened-him-or-pulled-out-weapon/ |url-status=live }}</ref> (22) until the time he aimed his shotgun at Arbery, Arbery had not verbally threatened him or displayed any weapon, but he thought Arbery "could be a threat" because of his running at him;<ref name=Chappell>{{cite news |last1=Chappell |first1=Bill |last2=Romo |first2=Vanessa |title=Defense attorneys in Ahmaud Arbery murder trial rest their case |url=https://www.npr.org/2021/11/18/1056813652/travis-mcmichael-ahmaud-arbery-trial-latest-testimony |date=November 18, 2021 |access-date=November 21, 2021 |work=[[NPR]] |archive-date=November 21, 2021 |archive-url=https://web.archive.org/web/20211121011812/https://www.npr.org/2021/11/18/1056813652/travis-mcmichael-ahmaud-arbery-trial-latest-testimony |url-status=live }}</ref> (23) he told police that day that he "cannot remember" if Arbery had grabbed the gun when he shot him, but the account was inaccurate due to his suffering the "most traumatic event;"<ref name=Hobbs/><ref>{{cite news |last1=Allen |first1=Jonathan |last2=Mckay |first2=Rich |title=Travis McMichael testifies he misspoke to police after killing Ahmaud Arbery |url=https://www.reuters.com/world/us/judge-decide-racial-slur-allegedly-uttered-by-murder-suspect-arbery-case-2021-11-18/ |access-date=November 21, 2021 |work=[[Reuters]] |date=November 19, 2021 |archive-date=November 21, 2021 |archive-url=https://web.archive.org/web/20211121011814/https://www.reuters.com/world/us/judge-decide-racial-slur-allegedly-uttered-by-murder-suspect-arbery-case-2021-11-18/ |url-status=live }}</ref> that regarding Facebook posts he made before the shooting, (24) in January 2019 he agreed with a neighbor who wrote that thieves should be made an example of: "That's right – hope y'all catch the vermin---" then when that neighbor indicated concern over how her father may interact with thieves because he did not care about being jailed, he responded: "That's what this world needs more of ... My old man is the same way ... Hell, I'm getting that way;" and that (25) in July 2019 he wrote "Arm up" in response to a post on local crime.<ref name=Chappell/><ref name=Goggin>{{cite news |last1=Goggin |first1=Kayla |title=Defense rests in trial over killing of Ahmaud Arbery |url=https://www.courthousenews.com/defense-rests-in-trial-over-killing-of-ahmaud-arbery/ |access-date=November 21, 2021 |work=[[Courthouse News]] |date=November 18, 2021 |archive-date=November 21, 2021 |archive-url=https://web.archive.org/web/20211121011830/https://www.courthousenews.com/defense-rests-in-trial-over-killing-of-ahmaud-arbery/ |url-status=live }}</ref> |
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Six residents of Satilla Shores testified on behalf of the defense, relaying their perception of crime in Satilla Shores, as well as a Facebook page on Satilla Shores in which crime was discussed.<ref name=Bolden/><ref name=Goggin/> |
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=== Closing arguments === |
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[[File:New Black Panther Party, Brunswick, GA, Nov 22, 2021.jpg|right|thumb|The [[New Black Panther Party]] protesting outside the courthouse on November 22, 2021]] |
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Closing arguments were made on November 22 and 23, 2021.<ref name=FaussetClash>{{cite news |last1=Fausset |first1=Richard |last2=Mzezewa |first2=Tariro |last3=Rojas |first3=Rick |title=Lawyers Clash Over Whether Pursuit of Arbery Was Justified |url=https://www.nytimes.com/2021/11/22/us/arbery-murder-trial-closing-arguments.html |access-date=November 23, 2021 |work=[[The New York Times]] |date=November 22, 2021 |archive-url=https://archive.today/20211123025248/https://www.nytimes.com/2021/11/22/us/arbery-murder-trial-closing-arguments.html |archive-date=November 23, 2021 |url-status=live }}</ref><ref name=McLaughlin2>{{cite news |last1=McLaughlin |first1=Eliott |last2=Sayers |first2=Devon |title=Jury begins deliberations in trial of three men accused of killing Ahmaud Arbery |url=https://edition.cnn.com/2021/11/23/us/ahmaud-arbery-killing-trial-tuesday-closing-arguments/index.html |access-date=November 24, 2021 |work=[[CNN]] |date=November 23, 2021 |archive-date=November 24, 2021 |archive-url=https://web.archive.org/web/20211124022725/https://edition.cnn.com/2021/11/23/us/ahmaud-arbery-killing-trial-tuesday-closing-arguments/index.html |url-status=live }}</ref> |
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Prosecutor Linda Dunikoski argued that the defendants could not legally make a citizen's arrest of Arbery because they assumed he had committed a crime that day, whereas a citizen's arrest required "immediate knowledge" of a crime.<ref name=FaussetClash/> She stated that the alternate requirement for a citizen's arrest, suspicion of fleeing after committing a felony, was not satisfied because at most, Arbery had trespassed, which was a misdemeanor and not a felony.<ref name=FaussetClash/> Dunikoski further pointed out that Arbery had never brought "a bag, or any means to steal anything" to the under-construction house.<ref name=FaussetClash/> She rejected the notion that the defendants were acting in self-defense "because they were the initial, unjustified aggressors," while noting that Travis McMichael had pointed his shotgun at Arbery.<ref name=bynum22>{{cite news |last1=Bynum |first1=Russ |title=Attorneys make final case to jurors in Ahmaud Arbery's death |url=https://apnews.com/article/ahmaud-arbery-georgia-brunswick-5f3f6ea8c36ec94e45ad705684a2f947 |access-date=November 23, 2021 |work=[[Associated Press]] |date=November 22, 2021 |ref=bynum22 |archive-date=November 23, 2021 |archive-url=https://web.archive.org/web/20211123022102/https://apnews.com/article/ahmaud-arbery-georgia-brunswick-5f3f6ea8c36ec94e45ad705684a2f947 |url-status=live }}</ref> In contrast, she said Arbery had: "No weapon. No threats. No way to call for help. Didn't even have a cell phone on him. Ran away from them for five minutes."<ref name=Romo>{{cite news |last1=Hernandez |first1=Joe |last2=Romo |first2=Vanessa |title=The Ahmaud Arbery case will go to the jury after prosecutors get the last word |url=https://www.npr.org/2021/11/22/1057937318/ahmaud-arbery-mcmichael-bryan-updates-closing-arguments |access-date=November 23, 2021 |work=[[NPR]] |date=November 22, 2021 |archive-date=November 23, 2021 |archive-url=https://web.archive.org/web/20211123052905/https://www.npr.org/2021/11/22/1057937318/ahmaud-arbery-mcmichael-bryan-updates-closing-arguments |url-status=live }}</ref> |
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Jason Sheffield, the lawyer for Travis McMichael, argued that under Georgia law, the felony of burglary included entering "with the intent to steal something;" thus when Travis saw Arbery at the under-construction house twelve days before the shooting, he had probable cause to believe Arbery committed burglary and could justifiably arrest him.<ref name=FaussetClash/> While describing the incident as "tragic", Sheffield argued: "You are allowed to defend yourself. You are allowed to use force that is likely to cause death or serious bodily injury if you believe it's necessary."<ref name=bynum22/><ref name=Romo/> |
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Laura Hogue, a lawyer for Gregory McMichael, argued that "Arbery was not an innocent victim," describing him as "a recurring nighttime intruder ... frightening, and unsettling,"<ref name=FaussetClash/> who arrived in Satilla Shores "with no socks to cover his long dirty toenails."<ref name=KnowlesBlame>{{cite news |last1=Craig |first1=Tim |last2=Knowles |first2=Hannah |title=Defense says Ahmaud Arbery to blame for his death in murder trial's closing arguments |url=https://www.washingtonpost.com/nation/2021/11/22/arbery-trial-closing-arguments/ |access-date=November 23, 2021 |newspaper=[[The Washington Post]] |date=November 23, 2021 |archive-url=https://archive.today/20211123023530/https://www.washingtonpost.com/nation/2021/11/22/arbery-trial-closing-arguments/ |archive-date=November 23, 2021 |url-status=live }}</ref> She said Arbery was "acting erratically when approached and making terrible, unexpected, illogical choices," failed to "stop" or "wait, to tell the police what he was doing,"<ref>{{cite news |last1=Laughland |first1=Oliver |title=Ahmaud Arbery killing: prosecutor urges jury to 'use common sense' |url=https://www.theguardian.com/us-news/2021/nov/22/ahmaud-arbery-murder-closing-arguments |access-date=November 23, 2021 |work=[[The Guardian]] |date=November 22, 2021 |archive-date=November 23, 2021 |archive-url=https://web.archive.org/web/20211123000612/https://www.theguardian.com/us-news/2021/nov/22/ahmaud-arbery-murder-closing-arguments |url-status=live }}</ref> and ultimately died because he "chose to fight", "without any sense of reason to run at a man wielding a shotgun."<ref name=bynum22/><ref name=KnowlesBlame/> |
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Kevin Gough, the lawyer for Bryan, argued that Bryan could not have known that the McMichaels had guns and would shoot Arbery, and that "by the time [Bryan] knew there was nothing he could do."<ref name=FaussetClash/> Gough also questioned why Arbery never asked for someone to call 911, suggesting that "Arbery doesn't want help."<ref name=bynum22/> Gough argued that if the McMichaels "were vigilantes and harbored some ill will toward" Arbery, "then what difference does it make whether Roddie Bryan was there or not?" Gough concluded by stating that Bryan's "presence is absolutely superfluous and irrelevant."<ref name=Romo/> |
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Prosecutor Linda Dunikoski delivered the final rebuttal to defense arguments. She disputed the defense arguments that the McMichaels were afraid of crime in their neighborhood, stating that their five-minute chase of Arbery proved that they were not afraid.<ref name=McLaughlin2/> Dunikoski described Gregory's description of Arbery "trapped like a rat" as an acknowledgment of false imprisonment, and Gregory's description of Arbery as an "asshole" just after the shooting to be evidence of malice.<ref>{{cite news |last1=Fausset |first1=Richard |last2=Rojas |first2=Rick |last3=Mzezewa |first3=Tariro |title=Jury Begins Deliberations in Arbery Killing |url=https://www.nytimes.com/2021/11/23/us/jury-deliberations-arbery-murder-trial.html |access-date=November 24, 2021 |work=[[The New York Times]] |date=November 23, 2021 |archive-url=https://archive.today/20211124021048/https://www.nytimes.com/2021/11/23/us/jury-deliberations-arbery-murder-trial.html |archive-date=November 24, 2021 |url-status=live }}</ref> She concluded that all three men were responsible because they all committed felonies leading up to the murder.<ref name=McLaughlin2/> |
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=== Verdict === |
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On November 24, 2021, the jury reached a verdict after 12 hours of deliberation spanning two days.<ref>{{cite web |title=Jury finds all 3 men guilty of murder of Ahmaud Arbery |url=https://www.actionnewsjax.com/news/local/glynn-county/killing-ahmaud-arbery-jury-deliberations-begin/LJ6NXNET6ZAWJHAJVDTKUD72JU/ |website=Action News Jax |access-date=November 24, 2021 |language=en |date=November 23, 2021 |archive-date=November 23, 2021 |archive-url=https://web.archive.org/web/20211123234527/https://www.actionnewsjax.com/news/local/glynn-county/killing-ahmaud-arbery-jury-deliberations-begin/LJ6NXNET6ZAWJHAJVDTKUD72JU/ |url-status=live }}</ref><ref name=StraitsTimes>{{cite web|url=https://www.straitstimes.com/world/united-states/three-georgia-men-found-guilty-of-ahmaud-arbery-murder|agency=[[Agence France-Presse]]|title=Three Georgia men found guilty of Ahmaud Arbery murder|website=[[The Straits Times]]|date=November 25, 2021|access-date=November 25, 2021|archive-date=November 25, 2021|archive-url=https://web.archive.org/web/20211125230921/https://www.straitstimes.com/world/united-states/three-georgia-men-found-guilty-of-ahmaud-arbery-murder|url-status=live}}</ref> |
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* Travis McMichael was found guilty of [[malice murder]], four counts of felony murder, two counts of aggravated assault (with a firearm and with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment).<ref name=Bragg-Hauck>{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Hauck |first2=Grace |title=What were the charges, what could be the sentences in the murder of Ahmaud Arbery? |url=https://www.usatoday.com/story/news/nation/2021/11/24/what-malice-murder-charges-murder-ahmaud-arbery-explained/8747459002/ |access-date=November 25, 2021 |work=[[USA Today]] |date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125031557/https://www.usatoday.com/story/news/nation/2021/11/24/what-malice-murder-charges-murder-ahmaud-arbery-explained/8747459002/ |url-status=live }}</ref><ref name="Tarik">{{cite news |last1=Minor |first1=Tarik |last2=Harris |first2=Jenese |last3=Parker |first3=Marilyn |title=All 3 men charged in Ahmaud Arbery's death convicted of murder |url=https://www.news4jax.com/news/georgia/2021/11/24/verdict-is-in-jury-hearing-ahmaud-arbery-death-trial-has-reached-a-verdict/ |access-date=November 25, 2021 |work=[[News4Jax]] |agency=[[Associated Press]] |date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125031558/https://www.news4jax.com/news/georgia/2021/11/24/verdict-is-in-jury-hearing-ahmaud-arbery-death-trial-has-reached-a-verdict/ |url-status=live }}</ref> |
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* Gregory McMichael was found guilty of four counts of felony murder, two counts of aggravated assault (with a firearm and with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment). He was found not guilty of malice murder.<ref name=Bragg-Hauck/><ref name="Tarik"/> |
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* William "Roddie" Bryan was found guilty of three counts of felony murder, one count of aggravated assault (with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment). He was found not guilty of malice murder, not guilty of one count of felony murder, and not guilty of one count of aggravated assault (with a firearm).<ref name=Bragg-Hauck/><ref name="Tarik"/> |
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A crowd outside the Glynn County courthouse cheered at the guilty verdict by the jury.<ref name=StraitsTimes /> |
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=== Sentencing === |
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As a result of the verdicts, both the McMichaels and Bryan faced mandatory sentences of [[life imprisonment]].<ref name=Bynum-Nov-24-2021 /><ref name=Bragg-Hauck /><ref>{{cite web |first1=Janelle |last1=Griffith |first2=Daniella |last2=Silva |title=3 men found guilty of felony murder and other crimes in fatal shooting of Ahmaud Arbery |url=https://www.nbcnews.com/news/us-news/jury-reaches-verdict-trial-three-men-killing-ahmaud-arbery-n1284316 |website=[[NBC News]] |date=November 24, 2021 |access-date=November 24, 2021 |language=en |archive-date=November 24, 2021 |archive-url=https://web.archive.org/web/20211124192455/https://www.nbcnews.com/news/us-news/jury-reaches-verdict-trial-three-men-killing-ahmaud-arbery-n1284316 |url-status=live }}</ref> The prosecution did not seek the [[Capital punishment in Georgia (U.S. state)|death penalty]] in this case.<ref name=Bragg-Hauck /> |
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On January 7, 2022, the McMichaels were sentenced to [[life imprisonment]] with no parole and an additional 20 years, while Bryan was sentenced to life imprisonment with the possibility of parole after 30 years.<ref>{{cite news|url=https://www.straitstimes.com/world/united-states/killers-of-black-us-jogger-ahmaud-arbery-get-life-behind-bars-in-racially-charged-case|title=Killers of Black US jogger Ahmaud Arbery get life behind bars in racially charged case|website=[[The Straits Times]] ([[Singapore]])|date=January 8, 2022|access-date=January 8, 2022|archive-date=January 8, 2022|archive-url=https://web.archive.org/web/20220108211751/https://www.straitstimes.com/world/united-states/killers-of-black-us-jogger-ahmaud-arbery-get-life-behind-bars-in-racially-charged-case|url-status=live}}</ref> |
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In sentencing the defendants, Judge Walmsley said "remorse is something that's felt and demonstrated", noting that "after Ahmaud Arbery fell, the McMichaels turned their backs" and "walked away".<ref>{{cite news |title=Ahmaud Arbery: Jogger's murderers sentenced to life in prison |url=https://www.bbc.com/news/world-us-canada-59912361 |access-date=January 8, 2022 |archive-date=January 8, 2022 |archive-url=https://web.archive.org/web/20220108001521/https://www.bbc.com/news/world-us-canada-59912361 |url-status=live }}</ref><ref>{{cite news |last1=Knowles |first1=Hannah |title=Ahmaud Arbery's killers sentenced to life in prison, two with no possibility of parole |url=https://www.washingtonpost.com/nation/2022/01/07/ahmaud-arbery-murder-sentencing/ |access-date=January 8, 2022 |newspaper=[[The Washington Post]] |date=January 7, 2022 |archive-date=January 7, 2022 |archive-url=https://web.archive.org/web/20220107201709/https://www.washingtonpost.com/nation/2022/01/07/ahmaud-arbery-murder-sentencing/ |url-status=live }}</ref> Walmsley further said that Gregory McMichael "very early on in this tried to establish a narrative", when (1) at the crime scene Gregory told Travis that he had "no choice" but to shoot, and (2) at the crime scene Gregory described Arbery as "an asshole".<ref>{{cite news |last1=Goggin |first1=Kayla |title=Ahmaud Arbery killers sentenced to life, two without parole |url=https://www.courthousenews.com/ahmaud-arbery-killers-sentenced-to-life-two-without-parole/ |access-date=January 8, 2022 |work=[[Courthouse News]] |date=January 7, 2022 |archive-date=January 8, 2022 |archive-url=https://web.archive.org/web/20220108211743/https://www.courthousenews.com/ahmaud-arbery-killers-sentenced-to-life-two-without-parole/ |url-status=live }}</ref> Walmsley indicated that Travis appeared to be more concerned about his own well-being while Arbery lay dead at the crime scene, with Travis stating: "This is the worst day of my life." In contrast, immediately after the shooting, Bryan "demonstrated that he had grave concerns that what had occurred should not have occurred", and also "did cooperate with law enforcement", said Walmsley.<ref>{{cite news |last1=Jarvie |first1=Jenny |title=Three white men sentenced to life for the murder of Ahmaud Arbery |url=https://www.latimes.com/world-nation/story/2022-01-07/georgia-three-men-sentenced-arbery-murder |access-date=January 8, 2022 |work=[[Los Angeles Times]] |date=January 7, 2022 |archive-date=January 8, 2022 |archive-url=https://web.archive.org/web/20220108211749/https://www.latimes.com/world-nation/story/2022-01-07/georgia-three-men-sentenced-arbery-murder |url-status=live }}</ref><ref>{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Habersham |first2=Raisa |title=3 men sentenced to life in prison for Ahmaud Arbery's murder; parole denied for father, son |url=https://www.usatoday.com/story/news/nation/2022/01/07/ahmaud-arbery-murder-sentencing-mcmichaels/9077430002/ |access-date=January 9, 2022 |work=[[USA Today]] |date=January 7, 2022 |archive-date=January 11, 2022 |archive-url=https://web.archive.org/web/20220111074112/https://www.usatoday.com/story/news/nation/2022/01/07/ahmaud-arbery-murder-sentencing-mcmichaels/9077430002/ |url-status=live }}</ref> |
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==Federal trial== |
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The federal trial was held at the [[Frank M. Scarlett Federal Building]] in Brunswick, Georgia. |
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=== Pre-trial events === |
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In April 2021, all three men were indicted by a federal grand jury with one count each of interference with rights, and with one count each of attempted kidnapping. Travis McMichael and Gregory McMichael were also indicted with separate counts of using firearms during a crime of violence.<ref>{{cite news |title=Federal prosecutors indict three men in death of Ahmaud Arbery |first=Amir |last=Vera |date=April 28, 2021 |website=[[CNN]] |url=https://www.cnn.com/2021/04/28/us/ahmaud-arbery-suspects-indicted/index.html |access-date=April 28, 2021 |archive-date=April 28, 2021 |archive-url=https://web.archive.org/web/20210428220447/https://www.cnn.com/2021/04/28/us/ahmaud-arbery-suspects-indicted/index.html |url-status=live }}</ref><ref name="auto2">{{Cite press release |url=https://www.justice.gov/opa/pr/three-georgia-men-charged-federal-hate-crimes-and-attempted-kidnapping-connection-death |title=Three Georgia Men Charged with Federal Hate Crimes and Attempted Kidnapping in Connection with the Death of Ahmaud Arbery |date=April 28, 2021 |website=Office of Public Affairs |publisher=[[United States Department of Justice]] |access-date=April 28, 2021 |archive-date=April 28, 2021 |archive-url=https://web.archive.org/web/20210428220531/https://www.justice.gov/opa/pr/three-georgia-men-charged-federal-hate-crimes-and-attempted-kidnapping-connection-death |url-status=live }}</ref> The "interference with rights" charge is a hate crime, specifically claiming "that the defendants used force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race".<ref name="auto2"/> The range of sentencing included the [[death penalty]], life in prison, another prison sentence length, and a fine.<ref>{{cite web|last=Habersham|first=Raisa|title=Ahmaud Arbery case not over as 3 men still face GA hate crime charges|website=[[Savannah Morning News]]|url=https://eu.savannahnow.com/story/news/2021/11/24/ahmaud-arbery-case-georgia-death-penalty-hate-crime-charges/8753395002/|date=November 24, 2021|access-date=November 26, 2021|archive-date=November 26, 2021|archive-url=https://web.archive.org/web/20211126022653/https://eu.savannahnow.com/story/news/2021/11/24/ahmaud-arbery-case-georgia-death-penalty-hate-crime-charges/8753395002/|url-status=live}}</ref><ref>{{cite web |title=Federal Civil Rights Statutes — FBI |website=[[Federal Bureau of Investigation]] |url=https://www.fbi.gov/investigate/civil-rights/federal-civil-rights-statutes |access-date=November 26, 2021 |archive-date=November 5, 2021 |archive-url=https://web.archive.org/web/20211105011804/https://www.fbi.gov/investigate/civil-rights/federal-civil-rights-statutes |url-status=live }}</ref> All three men initially pleaded not guilty.<ref>{{cite news |last1=Holcombe |first1=Madeline |last2=Barajas |first2=Angela |last3=Savidge |first3=Martin |title=Men charged in Ahmaud Arbery's killing plead not guilty in federal court |url=https://www.cnn.com/2021/05/11/us/ahmaud-arbery-georgia-murder-federal-hearing/index.html |access-date=May 12, 2021 |website=[[CNN]] |date=May 11, 2021 |archive-date=May 11, 2021 |archive-url=https://web.archive.org/web/20210511235248/https://www.cnn.com/2021/05/11/us/ahmaud-arbery-georgia-murder-federal-hearing/index.html |url-status=live }}</ref> |
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The Justice Department filed a notice of plea agreement on January 31, 2022. The deal, signed by federal prosecutors and defense attorneys for Travis and Greg McMichael, specified 30 year sentences to be served in federal prison, in exchange for guilty pleas.<ref>{{Cite web|last=Elliott|first=Debbie|date=February 1, 2022|title=2 men convicted in Ahmaud Arbery's death reach a federal plea deal|url=https://www.npr.org/2022/02/01/1077192636/2-men-convicted-in-ahmaud-arberys-death-reach-a-federal-plea-deal|website=[[NPR]]|access-date=February 2, 2022|archive-date=February 2, 2022|archive-url=https://web.archive.org/web/20220202095126/https://www.npr.org/2022/02/01/1077192636/2-men-convicted-in-ahmaud-arberys-death-reach-a-federal-plea-deal|url-status=live}}</ref> Travis McMichael's agreement stated that he had not set out on the day of the murder to harm anyone for racist reasons, but that he had "made assumptions" about Arbery due to his race and that race played a part in his decision to chase Arbery with a gun. He also acknowledged that in digital messages he had associated black skin with "criminality" and supported vigilantism against black criminals. Greg McMichaels was prepared to plead guilty in a subsequent session. |
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But Arbery's family took the unusual step of opposing the agreement in open court, begging the judge to reject the deal so that the McMichaels would serve their sentences in the Georgia state prison system, which was considered more dangerous and where both the interracial nature of the crime and Greg McMichael's history in law enforcement would make them likely targets of other prisoners.<ref name="NYTMzezewal">{{Cite news|last1=Mzezewa|first1=Tariro|last2=Burch|first2=Audra D. S.|last3=Fausset|first3=Richard|date=February 22, 2022|title=Three Men Are Found Guilty of Hate Crimes in Arbery Killing|language=en-US|work=The New York Times|url=https://www.nytimes.com/2022/02/22/us/gregory-mcmichael-travis-mcmichael-william-bryan.html|access-date=February 23, 2022|issn=0362-4331|archive-date=February 24, 2022|archive-url=https://web.archive.org/web/20220224110542/https://www.nytimes.com/2022/02/22/us/gregory-mcmichael-travis-mcmichael-william-bryan.html|url-status=live}}</ref><ref name="WaPoNakamura">{{Cite news|date=February 3, 2022|last=Nakamura|first=David|title=Federal prosecutors saw a plea deal for Arbery's killers as racial justice. His family thought otherwise.|language=en-US|newspaper=The Washington Post|url=https://www.washingtonpost.com/national-security/2022/02/03/arbery-plea-deal-racial-justice/|access-date=February 23, 2022|issn=0190-8286|archive-date=February 4, 2022|archive-url=https://web.archive.org/web/20220204073849/https://www.washingtonpost.com/national-security/2022/02/03/arbery-plea-deal-racial-justice/|url-status=live}}</ref> Caught by surprise, Assistant Attorney General for [[Civil Rights Division|Civil Rights]] [[Kristen Clarke]] released a statement saying that the plea deal had been signed only after Arbery family attorneys "informed me that the family was not opposed to it." Assistant US Attorney Tara Lyons also asserted that Arbery's family had been repeatedly consulted about the agreement and were unopposed. But District Judge [[Lisa Godbey Wood]] sided with the family, acknowledging their emotional testimony as she took the rare step of rejecting the signed plea agreement, stating that she did not have enough information at that time to know whether the 30-year sentence it specified was fair.<ref>{{cite news |last1=Allen |first1=Jonathan |title=In rare move, U.S. judge rejects plea agreement by Ahmaud Arbery's murderers |url=https://www.reuters.com/world/us/us-prosecutors-reach-hate-crime-plea-deals-ahmaud-arbery-murder-court-filings-2022-01-31/ |access-date=February 2, 2022 |work=[[Reuters]] |date=February 1, 2022 |archive-date=February 4, 2022 |archive-url=https://web.archive.org/web/20220204125954/https://www.reuters.com/world/us/us-prosecutors-reach-hate-crime-plea-deals-ahmaud-arbery-murder-court-filings-2022-01-31/ |url-status=live }}</ref><ref name="WaPoNakamura" /> |
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On February 3, Greg McMichael's lawyers indicated that he would plead not guilty; on February 4, Travis McMichael withdrew his guilty plea.<ref>{{cite news |last1=Li |first1=David |title=Ahmaud Arbery's killers headed to federal trial after withdrawing guilty pleas on hate crime charge |url=https://www.nbcnews.com/news/us-news/ahmaud-arberys-killers-headed-trial-withdrawing-guilty-pleas-hate-crim-rcna14887 |access-date=February 5, 2022 |work=[[NBC News]] |date=February 5, 2022 |archive-date=February 5, 2022 |archive-url=https://web.archive.org/web/20220205082415/https://www.nbcnews.com/news/us-news/ahmaud-arberys-killers-headed-trial-withdrawing-guilty-pleas-hate-crim-rcna14887 |url-status=live }}</ref> Legal experts expressed concern that public reporting on the plea agreement could prejudice the jury and make it more difficult for the McMichaels to get a fair trial.<ref name="NYTMzezewal" /><ref name="WaPoNakamura" /> |
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=== Evidence and testimony === |
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In the federal trial, the prosecution called 20 witnesses while the defense called one witness.<ref name=Bynum0219>{{cite news |last1=Bynum |first1=Russ |title=Testimony wraps up in hate crimes trial over Arbery killing |url=https://apnews.com/article/ahmaud-arbery-georgia-race-and-ethnicity-racial-injustice-brunswick-57b92e2bae7142bf713fc7c21ee97fa6 |access-date=February 19, 2022 |work=[[Associated Press]] |date=February 19, 2022 |archive-date=February 23, 2022 |archive-url=https://web.archive.org/web/20220223073144/https://apnews.com/article/ahmaud-arbery-georgia-race-and-ethnicity-racial-injustice-brunswick-57b92e2bae7142bf713fc7c21ee97fa6 |url-status=live }}</ref> GBI agent Richard Dial testified that Arbery ran "just about every day", and that Arbery did not take anything or damage anything from the under-construction home.<ref>{{cite news |last1=Abusaid |first1=Shaddi |title=Ahmaud Arbery case: Testimony begins in federal hate crimes trial |url=https://www.ajc.com/news/atlanta-news/ahmaud-arbery-case-testimony-begins-in-federal-hate-crimes-trial/7FG5IPMZL5HWXDGGNA3QNQJQXI/ |access-date=February 19, 2022 |work=[[The Atlanta Journal-Constitution]] |date=February 16, 2022 |archive-url=https://archive.today/20220219093143/https://www.ajc.com/news/atlanta-news/ahmaud-arbery-case-testimony-begins-in-federal-hate-crimes-trial/7FG5IPMZL5HWXDGGNA3QNQJQXI/ |archive-date=February 19, 2022 |url-status=live }}</ref> Glynn County policeman Robert Rash testified that days before the shooting he had told the McMichaels that there was no evidence that Arbery stole anything from the under-construction home.<ref name=Bynum0218>{{cite news |last1=Bynum |first1=Russ |title=Arbery not seen stealing, cop told hate crime defendants |url=https://apnews.com/article/ahmaud-arbery-crime-georgia-race-and-ethnicity-media-79fb061c729087469d3603614b141d69 |access-date=February 19, 2022 |work=[[Associated Press]] |date=February 18, 2022 |archive-date=February 24, 2022 |archive-url=https://web.archive.org/web/20220224015314/https://apnews.com/article/ahmaud-arbery-crime-georgia-race-and-ethnicity-media-79fb061c729087469d3603614b141d69 |url-status=live }}</ref> |
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FBI analyst Amy Vaughan testified about messages and social media posts made by Travis McMichael and William "Roddie" Bryan, which showed that Travis often described Black people as "savages" and "monkeys", linked them to criminality, and additionally stated that they "ruin everything". In January 2019, Travis wrote that a restaurant patronized by Blacks should "change the name from Cracker Barrel to Nigger Bucket"; two months later, Travis wrote that he loved his job because: "Zero niggers work with me." On social media, Travis shared a video of a young Black boy dancing, where the audio had been edited to that of a racist song entitled "Alabama Nigger" by country singer [[Johnny Rebel (singer)|Johnny Rebel]]; Travis also reacted to a video of a Black man pranking a white man by declaring that he would "kill that fucking nigger", and then responded to a story about black people assaulting white women by stating that he "would beat those monkeys to death" if that was done to his family members.<ref name=posts>{{cite news |last1=Goggin |first1=Kayla |title=Racist social media posts, text messages revealed during hate crimes trial against Arbery's killers |url=https://www.courthousenews.com/racist-social-media-posts-text-messages-revealed-during-hate-crimes-trial-against-arberys-killers/ |access-date=February 19, 2022 |work=[[Courthouse News]] |date=February 16, 2022 |archive-date=February 19, 2022 |archive-url=https://web.archive.org/web/20220219114913/https://www.courthousenews.com/racist-social-media-posts-text-messages-revealed-during-hate-crimes-trial-against-arberys-killers/ |url-status=live }}</ref> In other social media posts, McMichael responded to a video of [[Black Lives Matter]] protesters by wishing that he had a rifle to shoot the "goddamn monkeys", and separately called for a vehicle to drive into a group of Black people.<ref name="BakerL">{{cite news |last1=Baker |first1=Liz |title=Racist, violent evidence presented in federal trial against Ahmaud Arbery's killers |url=https://www.npr.org/2022/02/16/1081257533/racist-violent-evidence-presented-in-federal-trial-against-ahmaud-arberys-killer |access-date=February 19, 2022 |work=[[NPR]] |date=February 16, 2022 |archive-date=February 24, 2022 |archive-url=https://web.archive.org/web/20220224034416/https://www.npr.org/2022/02/16/1081257533/racist-violent-evidence-presented-in-federal-trial-against-ahmaud-arberys-killer |url-status=live }}</ref> |
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According to Vaughan's testimony, William "Roddie" Bryan stated on 2019's [[MLK Day]] that he was "working so all the niggers can take off", further describing the MLK Day's parade as the "monkey day parade". Bryan also stated that a Black man that his daughter was dating would "fit right in with the monkeys", and that this relationship "is the only thing I said I would never accept".<ref name=posts/><ref name=Janice>{{cite news |last1=Hutchinson |first1=Bill |last2=McDonald |first2=Janice |title=Racist messages, vile online posts highlighted in hate crimes trial of Ahmaud Arbery's killers |url=https://abcnews.go.com/US/racist-messages-vile-online-posts-highlighted-hate-crimes/story?id=82927106 |access-date=February 19, 2022 |work=[[ABC News (United States)|ABC News]] |date=February 18, 2022 |archive-date=February 24, 2022 |archive-url=https://web.archive.org/web/20220224004808/https://abcnews.go.com/US/racist-messages-vile-online-posts-highlighted-hate-crimes/story?id=82927106 |url-status=live }}</ref> Vaughan testified that the FBI could not access Gregory McMichael's phone because it was [[encrypted]], but a social media post on Gregory's account four months before the shooting was found stating: "A gun in the hand is worth more than the entire police force on the phone."<ref name=posts/> |
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During Vaughan's testimony, prosecutors showed a social media post made by Travis McMichael within two months of the shooting, where he posted a video of himself in front of a "No Trespassing" sign, while stating that he would be hunting on private property.<ref>{{cite news |title=FBI agent reads text messages, social media posts of Ahmaud Arbery's killers regularly using N-word, racial slurs during hate crime trial |url=https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/testimony-federal-hate-crimes-trial-ahmaud-arberys-killers/77-33cbdef1-9d81-45bc-b0cc-a1feee00f4df |access-date=February 19, 2022 |work=[[Firstcoastnews.com|First Coast News]] |date=February 16, 2022 |archive-date=February 25, 2022 |archive-url=https://web.archive.org/web/20220225135015/https://www.firstcoastnews.com/article/news/crime/ahmaud-arbery/testimony-federal-hate-crimes-trial-ahmaud-arberys-killers/77-33cbdef1-9d81-45bc-b0cc-a1feee00f4df |url-status=live }}</ref> Multiple videos of Travis trespassing while hunting were shown.<ref name=Janice/> Separately, GBI agent Jason Seacrist testified that a Confederate flag sticker was found pasted on Travis McMichael's truck, while a [[vanity plate]] with a Confederate emblem was visible on police body camera footage from the day of the shooting had been removed from Travis' truck by the time investigators accessed the truck months later.<ref name=Bynum0218/> |
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A white woman who was a former subordinate of Travis McMichael testified that Travis repeatedly called her a "nigger lover" for dating a Black man.<ref>{{cite news |last1=Mckay |first1=Rich |last2=Brooks |first2=Brad |title=Prosecution, defense rest cases in Arbery hate crimes trial |url=https://www.reuters.com/world/us/prosecution-defense-rest-cases-arbery-hate-crimes-trial-2022-02-19/ |access-date=February 19, 2022 |work=[[Reuters]] |date=February 19, 2022 |archive-date=February 22, 2022 |archive-url=https://web.archive.org/web/20220222121745/https://www.reuters.com/world/us/prosecution-defense-rest-cases-arbery-hate-crimes-trial-2022-02-19/ |url-status=live }}</ref> A woman who met Gregory McMichael in 2015 while he was working as a prosecutor's investigator testified that Gregory reacted to the death of Georgia's [[civil rights movement|civil rights]] activist [[Julian Bond]] by wishing that Bond had died earlier, and that Gregory then said: "All those Blacks are nothing but trouble and I wish they'd all die."<ref name=Bynum0219/> A neighbor of the McMichaels said that Gregory had discussed a Black tenant of his, whom Gregory described as a "walrus". Gregory said that after he shut down the property's air-conditioning to induce the tenant to pay rent, remarking: "You should have seen how fast her big fat Black ass came with the rent check".<ref>{{cite news |last1=Mzezewa |first1=Tariro |title=After Calling One Witness, Defense Rests in Arbery Hate Crimes Trial |url=https://www.nytimes.com/2022/02/18/us/ahmaud-arbery-mcmichael-trial.html |access-date=February 19, 2022 |work=[[The New York Times]] |archive-url=https://archive.today/20220219081909/https://www.nytimes.com/2022/02/18/us/ahmaud-arbery-mcmichael-trial.html |archive-date=February 19, 2022 |date=February 18, 2022 |url-status=live }}</ref> |
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The defense played a recording of Gregory McMichael telling police in July 2019 that he and Travis had confronted a homeless man staying under a bridge near Satilla Shores, due to their suspicion of him committing theft. The race of the homeless man was not mentioned. The defense's sole witness was a resident of Satilla Shores who said she had never met the McMichaels or Bryan. She testified that sometime in 2019, she saw an apparently Caucasian man under the same bridge, who seemed to be camping there, but she did not know if she saw the same person as the McMichaels.<ref name=Bynum0219/><ref>{{cite news |last1=Kallingal |first1=Mallika |last2=Royal |first2=Denise |title=Travis McMichael's former boss says he fired McMichael for lying about Ahmaud Arbery's murder |url=https://edition.cnn.com/2022/02/18/us/ahmaud-arbery-hate-crime-trial-friday/index.html |access-date=February 19, 2022 |work=[[CNN]] |date=February 19, 2022 |archive-date=February 19, 2022 |archive-url=https://web.archive.org/web/20220219233831/https://edition.cnn.com/2022/02/18/us/ahmaud-arbery-hate-crime-trial-friday/index.html |url-status=live }}</ref> |
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===Verdict=== |
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[[File:Awaiting verdict in Arbery Federal trial, 2.22.22.jpg|right|thumb|200px|The federal courthouse during the federal trial of the McMichaels and Bryan.]] |
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On February 22, 2022, the McMichaels and Bryan were found guilty of all counts in the federal trial.<ref name=federalverdict /> A jury of eight white people, three Black people and one Hispanic person reached a verdict in just over three hours.<ref>{{Cite web|last=Welle (http://www.dw.com)|first=Deutsche|title=Ahmaud Arbery's killers found guilty of federal hate crimes {{!}} DW {{!}} February 22, 2022|url=https://www.dw.com/en/ahmaud-arberys-killers-found-guilty-of-federal-hate-crimes/a-60876413|access-date=February 22, 2022|website=DW.COM|language=en-GB|archive-date=February 22, 2022|archive-url=https://web.archive.org/web/20220222160551/https://www.dw.com/en/ahmaud-arberys-killers-found-guilty-of-federal-hate-crimes/a-60876413|url-status=live}}</ref> |
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* All three men were found guilty of using force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race.<ref name="allcharges">{{cite news |last1=Nakamura |first1=David |last2=Coker |first2=Margaret |title=Three White men guilty of hate crimes charges in connection with Ahmaud Arbery murder |url=https://www.washingtonpost.com/national-security/2022/02/22/arbery-verdict-hate-crimes/ |access-date=February 27, 2022 |newspaper=[[The Washington Post]] |date=February 22, 2022 |archive-url=https://web.archive.org/web/20220223173531/https://www.washingtonpost.com/national-security/2022/02/22/arbery-verdict-hate-crimes/ |archive-date=February 23, 2022}}</ref> |
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* All three men were found guilty of attempted kidnapping.<ref name="allcharges"/> |
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* Travis McMichael was found guilty of using, carrying, brandishing, and firing a gun during a crime of violence.<ref name="NdeaYB">{{cite news |last1=Yancey-Bragg |first1=N'dea |last2=Habersham |first2=Raisa |title=Ahmaud Arbery's killers found guilty of federal hate crimes, may face additional life sentence |url=https://www.usatoday.com/story/news/nation/2022/02/22/verdict-ahmaud-arbery-killers-hate-crimes-trial/6890909001/ |access-date=February 27, 2022 |work=[[USA Today]] |date=February 22, 2022 |archive-date=March 1, 2022 |archive-url=https://web.archive.org/web/20220301034255/https://www.usatoday.com/story/news/nation/2022/02/22/verdict-ahmaud-arbery-killers-hate-crimes-trial/6890909001/ |url-status=live }}</ref> |
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* Greg McMichael was found guilty of using, carrying, and brandishing a gun during a crime of violence.<ref name="NdeaYB"/> |
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===Appeals=== |
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On March 8, 2022, attorneys for Travis and Greg McMichael appealed the verdict, citing that federal hate crimes laws apply only to public places, and that the crime occurred in a private street. Attorneys for Greg McMichael also appealed the conviction on targeting Arbery because he was black, citing his career as a law enforcement agent, spanning several decades, where McMichael's attorney said, there was no evidence of racist behavior.<ref>{{cite news |last1=Daniel |first1=Nyamekye |title='No Evidence' of 'Racist Attitudes': Travis and Gregory McMichael Appeal Federal Case on Grounds That Ahmaud Arbery's Killing Didn't Happen In Public Streets |url=https://news.yahoo.com/no-evidence-racist-attitudes-travis-170200545.html |access-date=13 March 2022 |work=[[Yahoo! News]] |date=12 March 2022 |archive-date=March 13, 2022 |archive-url=https://web.archive.org/web/20220313150807/https://news.yahoo.com/no-evidence-racist-attitudes-travis-170200545.html |url-status=live }}</ref> |
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On March 3, 2023, all three men appealed their convictions. Attorneys for William Bryan and Gregory McMichael asked for the federal conviction to be overturned on the basis that their past racist remarks about African Americans do not prove that they killed Arbery due to his race and that they both thought that Arbery was a criminal. On the same day, attorneys for Travis McMichael also filed an appeal to overturn the conviction on similar grounds of his March 2022 initial appeal.<ref>{{cite magazine |title=3 Men Found Guilty in Ahmaud Arbery Murder Appeal Federal Hate Crime Convictions |url=https://time.com/6262118/ahmaud-arbery-murder-appeals/ |access-date=19 March 2023 |magazine=[[Time (magazine)|Time]] |date=2023-03-11}}</ref><ref>{{cite news |last1=Franklin |first1=Jonathan |title=3 men found guilty in Ahmaud Arbery's murder file appeals of hate crime convictions |url=https://www.npr.org/2023/03/10/1162669410/ahmaud-arbery-murder-hate-crime-file-appeals |access-date=19 March 2023 |work=NPR |date=10 March 2023}}</ref> |
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===Sentencing=== |
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On August 8, 2022, Travis and Gregory McMichael were sentenced to second life terms for committing a federal hate crime.<ref>{{Cite web |date=2022-08-08 |title=Travis McMichael Given 2nd Life Sentence Over Ahmaud Arbery's Killing |url=https://dailynewsbrief.com/2022/08/08/travis-mcmichael-given-2nd-life-sentence-over-ahmaud-arberys-killing/ |access-date=2022-08-08 |website=Daily Newsbrief |language=en-US}}</ref> Travis received an additional 10 years and his father Gregory seven years in addition to their life sentences.<ref name=FederalTrialAddition>{{Cite web |date=2022-08-08 |title=Federal Judge Sentences Three Men Convicted of Racially Motivated Hate Crimes in Connection with the Killing of Ahmaud Arbery in Georgia|url=https://www.justice.gov/opa/pr/federal-judge-sentences-three-men-convicted-racially-motivated-hate-crimes-connection-killing |access-date=2022-08-25 |website=[[United States Department of Justice]] |language=en-US}}</ref> Bryan was sentenced to 35 years in prison.<ref>{{cite news | url=https://www.ajc.com/news/crime/ahmaud-arbery-case-roddie-bryan-gets-35-years-in-prison-for-hate-crimes/HJIEOYS4PRD4FOMYAL3BK3I32E/ | title=Ahmaud Arbery case: Roddie Bryan gets 35 years in prison for hate crimes | newspaper=The Atlanta Journal-Constitution | last1=Abusaid | first1=Shaddi | last2=Rankin | first2=Bill }}</ref> |
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== Aftermath == |
== Aftermath == |
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=== |
=== Indictment of former DA Jackie Johnson === |
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In May 2020, [[Attorney General of Georgia|Georgia Attorney General]] [[Christopher M. Carr|Chris Carr]] said that his office would review how the investigation into Arbery's murder "was handled from the outset".<ref name=WootsonMay10 /> At Carr's request, the GBI investigated whether District Attorney Jackie Johnson or District Attorney George Barnhill's actions in connection with the appointment of a conflict prosecutor to investigate the murder of Arbery constituted a crime.<ref name=HolcombeMay12/> In November 2020, Jackie Johnson lost her bid for re-election as Brunswick District Attorney.<ref name=Savidge>{{cite news |first1=Martin |last1=Savidge |first2=Angela |last2=Barajas |url=https://www.cnn.com/2021/09/03/us/ahmaud-arbery-jackie-johnson-indicted/index.html |url-status=live |title=Former district attorney arrested after indictment in connection with Ahmaud Arbery investigation |archive-url=https://web.archive.org/web/20211109052516/https://www.cnn.com/2021/09/03/us/ahmaud-arbery-jackie-johnson-indicted/index.html |access-date=December 1, 2021 |archive-date=November 9, 2021 |work=[[CNN]] |date=September 8, 2021 }}</ref> |
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On September 2, 2021, Carr announced that a Glynn County grand jury had indicted ex-District Attorney Jackie Johnson on one felony count of violating the oath of a public officer "by showing favor and affection to Greg McMichael during the investigation" (Gregory was formerly her subordinate), and for being unfair to Arbery by having "recommended Barnhill to the Attorney General's Office for appointment as the case prosecutor without disclosing that she had previously sought Barnhill's assistance on the case". The grand jury also indicted Johnson on one misdemeanor count of obstruction and hindering law enforcement, in this case the Glynn County police, "by directing that Travis McMichael should not be placed under arrest."<ref name=Muller>{{cite news |last1=Muller |first1=Brittany |last2=Patrick |first2=Steve |title=Ex-Brunswick DA indicted for misconduct in Ahmaud Arbery case surrenders |url=https://www.news4jax.com/news/georgia/2021/09/08/ex-brunswick-da-misconduct-in-ahmaud-arbery-death-investigation-booked-into-jail/ |access-date=November 26, 2021 |work=[[News4Jax]] |date=September 8, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125205908/https://www.news4jax.com/news/georgia/2021/09/08/ex-brunswick-da-misconduct-in-ahmaud-arbery-death-investigation-booked-into-jail/ |url-status=live }}</ref><ref name=Mangan>{{cite news |last1=Mangan |first1=Dan |title=Former Georgia district attorney Jackie Johnson criminally charged over investigation into Ahmaud Arbery shooting death |url=https://www.cnbc.com/2021/09/02/former-georgia-da-jackie-johnson-indicted-over-ahmaud-arbery-investigation.html |access-date=November 26, 2021 |work=[[CNBC]] |date=September 2, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126062815/https://www.cnbc.com/2021/09/02/former-georgia-da-jackie-johnson-indicted-over-ahmaud-arbery-investigation.html |url-status=live }}</ref> On September 8, Johnson turned herself in for arrest, and then was released from detention without needing to pay her $10,000 bond.<ref name=Savidge/><ref>{{Cite web|last=Bynum|first=Russ|date=September 9, 2021|title=Ex-prosecutor charged in Ahmaud Arbery case booked at jail|url=https://apnews.com/article/georgia-brunswick-ahmaud-arbery-savannah-583c175e91787305180682f10671d2e7|access-date=November 26, 2021|work=[[Associated Press]]|archive-date=November 26, 2021|archive-url=https://web.archive.org/web/20211126044555/https://apnews.com/article/georgia-brunswick-ahmaud-arbery-savannah-583c175e91787305180682f10671d2e7|url-status=live}}</ref> |
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In response to a motion from Johnson to dismiss the charges against her, in May 2022 prosecutors submitted a response showing that Johnson engaged in 16 phone calls with defendant Greg McMichael in the period starting on the day of the shooting and extending until May 5, 2020. One of the calls lasted over 21 minutes.<ref>{{cite news |first=Paradise|last=Afshar |url=https://edition.cnn.com/2022/05/06/us/ahmaud-arbery-shooting-da-calls/index.html |title=One of Ahmaud Arbery's killers had 16 phone calls with DA before arrest, court filings say |work=[[CNN]] |date=2022-05-06 }}</ref> |
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Johnson's trial is currently scheduled to begin on January 21, 2025.<ref>{{cite web|title=Ex-prosecutor charged with meddling in Ahmaud Arbery case appears in court ahead of trial|website=[[Associated Press News]] |url=https://apnews.com/article/ahmaud-arbery-prosecutor-charged-jackie-johnson-389f4161a8cf7a4dd635cc627f8d4855#}}</ref> |
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===Federal review of case=== |
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Georgia Attorney General Carr called for a federal investigation into how local investigators and authorities handled the case, including "investigation of the communications and discussions by and between the Office of the District Attorney of the Brunswick Judicial Circuit and the Office of the District Attorney of the Waycross Judicial Circuit related to this case."<ref name=Knowles>{{cite news |first=Hannah |last=Knowles |url=https://www.washingtonpost.com/nation/2020/05/10/ahmaud-arbery-doj-investigation/ |title=Georgia's attorney general asks DOJ to investigate handling of Ahmaud Arbery's killing |newspaper=[[The Washington Post]] |date=May 10, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081443/https://www.washingtonpost.com/nation/2020/05/10/ahmaud-arbery-doj-investigation/ |url-status=live}}</ref> |
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The next day, the [[U.S. Department of Justice]] responded that the [[United States Department of Justice Civil Rights Division|Justice Department's Civil Rights Division]], the [[Federal Bureau of Investigation|FBI]], and the [[U.S. Attorney for the Southern District of Georgia]] "have been supporting and will continue fully to support and participate in the state investigation. We are assessing all of the evidence to determine whether [[Hate crime laws in the United States|federal hate crimes charges]] are appropriate."<ref name=DOJWeigh>{{cite news |first=Sarah N. |last=Lynch |url=https://www.reuters.com/article/us-shooting-georgia/justice-department-weighs-hate-crime-charges-in-death-of-ahmaud-arbery-idUSKBN22N29X |title=Justice Department weighs hate crime charges in death of Ahmaud Arbery |work=[[Reuters]] |date=May 11, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081520/https://www.reuters.com/article/us-shooting-georgia/justice-department-weighs-hate-crime-charges-in-death-of-ahmaud-arbery-idUSKBN22N29X |url-status=live}}</ref><ref>{{cite news |first=David |last=Shortell |url=https://www.cnn.com/2020/05/11/politics/arbery-justice-department-hate-crime-charges/index.html |title=Justice Department assessing whether to bring hate crime charges in Arbery shooting |publisher=[[CNN]] |date=May 11, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081401/https://www.cnn.com/2020/05/11/politics/arbery-justice-department-hate-crime-charges/index.html |url-status=live}}</ref> In April 2021, all three men were indicted for federal crimes – one count each of interference with rights (a hate crime), one count each of attempted kidnapping, and one count for each McMichael of using a firearm during a crime of violence.<ref name="auto2"/> |
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=== Reporting on prior allegations of misconduct by local authorities === |
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The involvement of the GCPD as the primary investigator in a case involving its former officer Gregory McMichael was controversial.<ref name=Gazaway0506>{{cite news |last1=Gazaway |first1=Wright |date=May 6, 2020 |title=Ahmaud Arbery shooting investigation is latest source of criticism for Glynn County PD |website=[[WTOC-TV]] |url=https://www.wtoc.com/2020/05/06/ahmaud-arbery-shooting-investigation-is-latest-source-criticism-glynn-county-pd/|url-status=live|access-date=May 8, 2020|archive-url=https://web.archive.org/web/20200510023919/https://www.wtoc.com/2020/05/06/ahmaud-arbery-shooting-investigation-is-latest-source-criticism-glynn-county-pd/|archive-date=May 10, 2020}}</ref> Following Arbery's murder, media investigated the history of the GCPD.<ref name=RojasFaussetKovaleski>{{cite news |first1=Rick |last1=Rojas |first2=Richard |last2=Fausset |first3=Serge F. |last3=Kovaleski |url=https://www.nytimes.com/2020/05/08/us/glynn-county-police-ahmaud-arbery.html |title=Georgia Killing Puts Spotlight on a Police Force's Troubled History |newspaper=[[The New York Times]] |date=May 8, 2020 |access-date=May 10, 2020 |archive-date=May 10, 2020 |archive-url=https://web.archive.org/web/20200510160659/https://www.nytimes.com/2020/05/08/us/glynn-county-police-ahmaud-arbery.html |url-status=live}}</ref><ref name=Carr>{{cite news |first=Nicole |last=Carr |url=https://www.wsbtv.com/news/georgia/ahmaud-arbery-murder-raises-long-standing-issues-with-glynn-county-das-handling-cases/CZNCBJJY35HDLOFQGQYYNACCG4/ |title=Ahmaud Arbery murder raises long-standing issues with Glynn County DA's handling of cases |publisher=[[WSB-TV]] |date=May 8, 2020 |access-date=May 12, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081402/https://www.wsbtv.com/news/georgia/ahmaud-arbery-murder-raises-long-standing-issues-with-glynn-county-das-handling-cases/CZNCBJJY35HDLOFQGQYYNACCG4/ |url-status=live}}</ref> ''[[The New York Times]]'' noted that in preceding years, the department had "been accused of covering up allegations of misconduct, tampering with a crime scene, interfering in an investigation of a [[Police use of deadly force in the United States|police shooting]] and retaliating against fellow officers who cooperated with outside investigators."<ref name=RojasFaussetKovaleski /> |
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Days after Arbery was fatally shot, the chief of police {{snd}} who had been brought in to clean up a police force described by the [[City manager|county manager]] in 2019 as poorly trained and characterized by a "culture of cronyism" {{snd}} was indicted on charges arising from an alleged cover-up of a sexual relationship between an officer and an informant.<ref name=RojasFaussetKovaleski /> In response to a [[grand jury]] report issued in November 2019, which had condemned the GCPD over "alleged officer misconduct and poor coordination with the local sheriff's office", [[Georgia Senate|State Senator]] William Ligon of Brunswick in early 2020 introduced legislation to allow voters to abolish the Glynn County Police Department. Although the legislation initially stalled in the [[Georgia General Assembly|General Assembly]], when the legislature returned following the COVID-19 recess the [[Georgia House of Representatives|House]] passed the legislation 152–3.<ref name=Evans>{{cite news |title=Arrests made in coastal Georgia shooting of Ahmaud Arbery; GBI says charges could be brought against others |url=https://www.gwinnettdailypost.com/news/arrests-made-in-coastal-georgia-shooting-of-ahmaud-arbery-gbi-says-charges-could-be-brought/article_6f95efaa-9147-11ea-aa87-0b10c5216568.html |work=Gwinnett Daily Post |date=May 8, 2020 |first=Beau |last=Evans|access-date=May 12, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081402/https://www.gwinnettdailypost.com/news/arrests-made-in-coastal-georgia-shooting-of-ahmaud-arbery-gbi-says-charges-could-be-brought/article_6f95efaa-9147-11ea-aa87-0b10c5216568.html |url-status=live}}</ref><ref>{{cite web |title=Bill to allow vote on county police department passes House; Ligon says senate passage likely |date=June 20, 2020 |url=https://thebrunswicknews.com/news/local_news/bill-to-allow-vote-on-county-police-department-passes-house-ligon-says-senate-passage-likely/article_24e369c7-f968-520b-999d-e32e352b8f92.html |website=[[The Brunswick News]] |access-date=June 21, 2020 |archive-date=June 22, 2020 |archive-url=https://web.archive.org/web/20200622153824/https://thebrunswicknews.com/news/local_news/bill-to-allow-vote-on-county-police-department-passes-house-ligon-says-senate-passage-likely/article_24e369c7-f968-520b-999d-e32e352b8f92.html }}</ref> The [[Georgia State Senate|Senate]] then passed the legislation as Senate Bill 509, which [[List of governors of Georgia|Governor Kemp]] signed. The legislation allowed a November 3, 2020, binding referendum such that the police department would be abolished if a majority of Glynn County voters agreed.<ref>{{cite news |title=Gov. Kemp vetoes non-binding bill giving voters chance to dissolve Glynn Co. Police Department |url=https://www.wtoc.com/2020/08/05/gov-kemp-vetoes-non-binding-bill-giving-voters-chance-dissolve-glynn-co-police-department/ |access-date=August 7, 2020 |website=[[WTOC-TV]] |publisher=Grey Television, Inc. |date=August 5, 2020 |archive-url= https://web.archive.org/web/20200807063044/https://www.wtoc.com/2020/08/05/gov-kemp-vetoes-non-binding-bill-giving-voters-chance-dissolve-glynn-co-police-department/ |url-status=live |archive-date= August 7, 2020}}</ref> Nevertheless, the referendum was ruled unconstitutional by a superior court judge on September 11, 2020, so it did not appear on the November 3 ballot.<ref>{{cite web |url=https://news.ballotpedia.org/2020/09/15/glynn-county-georgia-ballot-measure-to-abolish-local-police-ruled-unconstitutional/ |title=Glynn County, Georgia, ballot measure to abolish local police ruled unconstitutional |publisher=Ballotpedia News |last=Antram |first=Victoria |date=September 15, 2020 |access-date=November 19, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081501/https://news.ballotpedia.org/2020/09/15/glynn-county-georgia-ballot-measure-to-abolish-local-police-ruled-unconstitutional/ |url-status=live}}</ref><ref>{{cite news |last1=Cooper |first1=Taylor |title=Judge declares GCPD abolishment referendum unconstitutional |url=https://thebrunswicknews.com/news/local_news/judge-declares-gcpd-abolishment-referendum-unconstitutional/article_4453ac91-4777-52df-863c-994c190ee6e3.html |access-date=November 19, 2020 |work=[[The Brunswick News]] |publisher=Brunswick News Publishing Co. |date=September 11, 2020|archive-url= https://web.archive.org/web/20200912054609/https://thebrunswicknews.com/news/local_news/judge-declares-gcpd-abolishment-referendum-unconstitutional/article_4453ac91-4777-52df-863c-994c190ee6e3.html|archive-date= September 12, 2020}}</ref> |
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Arbery's murder also prompted re-examinations of the way prosecutions of shootings were handled by the Brunswick Judicial Circuit District Attorney's Office. In 2010, two police officers fatally shot an unarmed white woman through her car windshield. Four former prosecutors, who had worked under Brunswick Judicial Circuit District Attorney Jackie Johnson, alleged that Johnson shielded the officers from criminal prosecution. A 2015 investigation by [[WSB-TV]] revealed that Johnson had agreed to withhold a draft murder indictment from the grand jury and had "allowed the officers' department to present a factually inaccurate animation they created showing the car escaping through a gap and running over the officers."<ref name=Carr/> |
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=== Hate crimes law enacted === |
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In late June 2020, Georgia enacted new bipartisan [[hate crimes]] legislation (House Bill 426). Previous versions of the legislation had passed the [[Georgia House of Representatives|state House]] but failed to pass the [[Georgia State Senate|state Senate]]. Arbery's murder was a catalyst for passage of the bill; at the time Georgia was one of just four states without any hate-crimes legislation, as Georgia Supreme Court struck down a previous hate crimes law in 2004.<ref>{{cite news |first=Jason |last=Slotkin |access-date=December 1, 2021 |url=https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/26/884003927/after-ahmaud-arberys-killing-georgia-gov-signs-hate-crimes-legislation |title=After Ahmaud Arbery's Killing, Georgia Governor Signs Hate Crimes Legislation |archive-url=https://web.archive.org/web/20210210081449/https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/26/884003927/after-ahmaud-arberys-killing-georgia-gov-signs-hate-crimes-legislation |archive-date=February 10, 2021 |url-status=live |work=[[NPR]] |date=June 26, 2020 }}</ref> The law requires a higher sentence for defendants convicted of targeting a victim due to "actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability."<ref name=Donaghue>{{cite news |last1=Donaghue |first1=Erin |title=Prosecutors in spa shootings could be first to weigh Georgia's new hate crime law |url=https://www.cbsnews.com/news/atlanta-spa-shootings-prosecutors-georgia-new-hate-crime-law/ |access-date=November 27, 2021 |work=[[CBS News]] |date=March 24, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126101116/https://www.cbsnews.com/news/atlanta-spa-shootings-prosecutors-georgia-new-hate-crime-law/ |url-status=live }}</ref> |
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=== Citizen's arrest law repealed and replaced === |
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On February 16, 2021, exactly a week before the first anniversary of Arbery's murder, Georgia Governor [[Brian Kemp]] announced he would introduce legislation that would significantly amend the state's [[citizen's arrest]] law. Georgia's citizen's arrest law had been textually very broad in scope, dating back to the [[Georgia during Reconstruction|Civil War era]]. The legal defense argued by the defendants accused of murdering Arbery was that they were only attempting to perform a lawful citizen's arrest. Kemp criticized the law for being outdated and vague. According to Kemp, the changes would close numerous loopholes under the existing law while still protecting the rights of law-abiding citizens.<ref>{{cite news |last=Voitik |first=Katie |url=https://www.actionnewsjax.com/news/gov-kemp-calls-an-overhaul-citizens-arrest-bill/NCQFXNYUJVAFZFTDGDJZS4UHNI/ |title=Gov. Kemp calls for overhaul of the Citizen's Arrest Bill ahead of anniversary of Ahmaud Arbery's death |archive-url=https://web.archive.org/web/20211116184821/https://www.actionnewsjax.com/news/gov-kemp-calls-an-overhaul-citizens-arrest-bill/NCQFXNYUJVAFZFTDGDJZS4UHNI/ |archive-date=November 16, 2021 |work=ActionNewsJax |date=February 16, 2021 |access-date=November 30, 2021 |url-status=live }}</ref> On March 4, 2021, the proposed changes were passed out of legislative committee in the [[Georgia House of Representatives]] by a unanimous vote. The bill, House Bill 479, received widespread and bipartisan support.<ref>{{cite news |url-status=live |last=Prabhu |first=Maya T. |url=https://www.ajc.com/politics/georgias-citizens-arrest-overhaul-clears-first-hurdle/SJGOCKTI6NHATAPRUTXPDL6FFM/ |title=Georgia's citizen's arrest overhaul clears first hurdle. |archive-url=https://web.archive.org/web/20211116184815/https://www.ajc.com/politics/georgias-citizens-arrest-overhaul-clears-first-hurdle/SJGOCKTI6NHATAPRUTXPDL6FFM/ |archive-date=November 16, 2021 |newspaper=[[The Atlanta Journal-Constitution]] |date=March 4, 2021 }}</ref> The bill to repeal the citizen's arrest law passed the legislature and was signed by Governor Kemp on May 10, 2021.<ref>{{cite news |last1=Johnson |first1=Marty |title=Kemp signs bill repealing citizen's arrest law after Ahmaud Arbery shooting |url=https://thehill.com/homenews/state-watch/552737-kemp-signs-bill-repealing-citizens-arrest-law-after-ahmaud-arbery |access-date=May 11, 2021 |work=[[The Hill (newspaper)|The Hill]] |date=May 10, 2021 |archive-date=May 10, 2021 |archive-url=https://web.archive.org/web/20210510222050/https://thehill.com/homenews/state-watch/552737-kemp-signs-bill-repealing-citizens-arrest-law-after-ahmaud-arbery |url-status=live }}</ref> |
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In repealing the citizen's arrest law, it was replaced with new legislation that allowed for certain private persons such as licensed private detectives, security guards, shopkeepers, and restaurant employees to conduct arrest under specific circumstances.<ref name=Hurt>{{cite news |last1=Hurt |first1=Emma |title=In Ahmaud Arbery's Name, Georgia Repeals Citizen's Arrest Law |url=https://www.npr.org/2021/05/11/995835333/in-ahmaud-arberys-name-georgia-repeals-citizens-arrest-law |access-date=November 27, 2021 |work=[[NPR]] |date=May 11, 2021 |archive-date=November 27, 2021 |archive-url=https://web.archive.org/web/20211127022901/https://www.npr.org/2021/05/11/995835333/in-ahmaud-arberys-name-georgia-repeals-citizens-arrest-law |url-status=live }}</ref><ref>{{cite news |last1=Mzezewa |first1=Tariro |title=The Arbery murder defendants say they were attempting to make a citizen's arrest. Is that legal? |url=https://www.nytimes.com/2021/11/22/us/citizens-arrest-arbery-murder-trial.html |access-date=November 27, 2021 |work=[[The New York Times]] |date=November 22, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126072608/https://www.nytimes.com/2021/11/22/us/citizens-arrest-arbery-murder-trial.html |url-status=live }}</ref> |
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=== Ahmaud Arbery Day === |
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On February 2, 2022, the Georgia General Assembly designated February 23 as Ahmaud Arbery Day within the state henceforth. The Georgia General Assembly further encouraged people to run 2.23 miles on this day every year to advocate for racial justice and equity.<ref>{{cite news |last1=Alfonseca |first1=Kiara |title=Ahmaud Arbery Day officially recognized on 2nd anniversary of his death |url=https://abcnews.go.com/US/ahmaud-arbery-day-officially-recognized-2nd-anniversary-death/story?id=83062118 |access-date=February 27, 2022 |work=[[ABC News (United States)|ABC News]] |date=February 23, 2022 |archive-date=February 28, 2022 |archive-url=https://web.archive.org/web/20220228070934/https://abcnews.go.com/US/ahmaud-arbery-day-officially-recognized-2nd-anniversary-death/story?id=83062118 |url-status=live }}</ref> |
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=== Prior allegations of misconduct by local authorities === |
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The troubled history of the GCPD was revisited following Arbery's killing.<ref name=RojasFaussetKovaleski>{{cite news |first1=Rick |last1=Rojas |first2=Richard |last2=Fausset |first3=Serge F. |last3=Kovaleski |url=https://www.nytimes.com/2020/05/08/us/glynn-county-police-ahmaud-arbery.html |title=Georgia Killing Puts Spotlight on a Police Force's Troubled History |newspaper=[[The New York Times]] |date=May 8, 2020 }}</ref><ref name=Carr>{{cite news |first=Nicole |last=Carr |url=https://www.wsbtv.com/news/georgia/ahmaud-arbery-murder-raises-long-standing-issues-with-glynn-county-das-handling-cases/CZNCBJJY35HDLOFQGQYYNACCG4/ |title=Ahmaud Arbery murder raises long-standing issues with Glynn County DA's handling of cases |website=[[WSB-TV]] |date=May 8, 2020}}</ref> ''[[The New York Times]]'' noted that in preceding years, the department had "been accused of covering up allegations of misconduct, tampering with a crime scene, interfering in an investigation of a [[Police use of deadly force in the United States|police shooting]] and retaliating against fellow officers who cooperated with outside investigators." Days after Arbery was fatally shot, the chief of police{{snd}} who had been brought in to clean up a police force described by the [[City manager|county manager]] in 2019 as poorly trained and characterized by a "culture of cronyism"{{snd}} was indicted on charges arising from an alleged cover-up of a sexual relationship between an officer and an informant.<ref name=RojasFaussetKovaleski /> In response to a [[grand jury]] report issued in November 2019 which had condemned the GCPD over "alleged officer misconduct and poor coordination with the local sheriff's office", [[Georgia Senate|State Senator]] William Ligon of Brunswick in early 2020 introduced legislation to abolish county police departments, but it failed to pass the [[Georgia General Assembly|General Assembly]].<ref name=Evans>{{cite news|title=Arrests made in coastal Georgia shooting of Ahmaud Arbery; GBI says charges could be brought against others|url=https://www.gwinnettdailypost.com/news/arrests-made-in-coastal-georgia-shooting-of-ahmaud-arbery-gbi-says-charges-could-be-brought/article_6f95efaa-9147-11ea-aa87-0b10c5216568.html|work=Gwinnett Daily Post|date=May 8, 2020|first=Beau |last=Evans}}</ref> The involvement of the GCPD as the primary investigator in a case involving its former officer Gregory McMichael was controversial.<ref name=Gazaway0506>{{cite news|last1=Gazaway|first1=Wright|date=May 6, 2020|title=Ahmaud Arbery shooting investigation is latest source of criticism for Glynn County PD|website=[[WTOC-TV]]|url=https://www.wtoc.com/2020/05/06/ahmaud-arbery-shooting-investigation-is-latest-source-criticism-glynn-county-pd/|url-status=live|accessdate=May 8, 2020|archive-url=https://web.archive.org/web/20200510023919/https://www.wtoc.com/2020/05/06/ahmaud-arbery-shooting-investigation-is-latest-source-criticism-glynn-county-pd/|archive-date=May 10, 2020}}</ref> |
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=== Honorary Ahmaud Arbery Street === |
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Arbery's death also prompted re-examinations of the way prosecutions of shootings were handled by the Brunswick Judicial Circuit District Attorney's Office. In 2010, two police officers fatally shot an unarmed woman through her car windshield. Four former prosecutors who worked under Brunswick Judicial Circuit District Attorney Jackie Johnson alleged that Johnson shielded the officers from criminal prosecution. A 2015 investigation by [[WSB-TV]] revealed that Johnson had agreed to not show the grand jury a draft murder indictment and had "allowed the officers' department to present a factually inaccurate animation they created showing the car escaping through a gap and running over the officers."<ref name=Carr/> |
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[[File:Honorary Ahmaud Arbery St, Brunswick, GA, US.jpg|right|thumb|Street sign at the corner of Albany Street and L Street]] |
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On August 9, 2022, officials of the city of Brunswick designated that all intersections along a 2.7-mile stretch of Albany Street bear a sign in his memory.<ref>{{cite news |title=Ahmaud Arbery's home town unveils street signs honoring his memory|url=https://www.theguardian.com/us-news/2022/aug/09/ahmaud-arbery-street-signs-georgia |access-date=August 11, 2022 |work=[[The Guardian]] |date=August 9, 2022}}</ref> |
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== |
== Initial reactions == |
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[[File:Mural of Ahmaud Arbery, Brunswick, GA, US (02).jpg|right|thumb|Mural in Brunswick, painted in May 2020 by Marvin Meeks <ref>{{Cite web|url=https://www.wtoc.com/2020/05/14/artist-painting-mural-ahmaud-arbery-brunswick/|title=Artist painting mural of Ahmaud Arbery in Brunswick|first=Amanda|last=Aguilar|website=WTOC}}</ref>]] |
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=== Involved parties and their families === |
=== Involved parties and their families === |
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Arbery's mother said her son was jogging when he was |
Arbery's mother Wanda Cooper-Jones said her son was jogging when he was murdered and called for arrests to be made.<ref>{{Cite news |date=May 1, 2020 |title=Mom of black Georgia man says he was chased and shot to death while jogging: "An arrest should have been made" |publisher=[[CBS News]] |url=https://www.cbsnews.com/news/ahmaud-arbery-brunswick-georgia-gregory-mcmichael/|url-status=live|access-date=May 6, 2020|archive-url=https://web.archive.org/web/20200504081821/https://www.cbsnews.com/news/ahmaud-arbery-brunswick-georgia-gregory-mcmichael/|archive-date=May 4, 2020}}</ref> The Arbery family retained [[Benjamin Crump]], S. Lee Merritt, and Chris Stewart as attorneys.<ref name=Osborne /> Meritt described the McMichaels as "vigilantes" and "a posse" who "performed a modern [[Lynching in the United States|lynching]] in the middle of the day."<ref name="GuardianLynching">{{Cite news |url=https://www.theguardian.com/us-news/2020/may/07/ahmaud-arbery-parents-call-for-arrests-killing-song-daily-jog |work=[[The Guardian]] |title=Ahmaud Arbery's parents call for arrests after 'modern lynching in the middle of the day' |date=May 7, 2020 |author=<!-- no byline – credited to Guardian staff and agencies -->|access-date=May 10, 2020|archive-url= https://web.archive.org/web/20200510091638/https://www.theguardian.com/us-news/2020/may/07/ahmaud-arbery-parents-call-for-arrests-killing-song-daily-jog|archive-date=May 10, 2020|url-status=live}}</ref> Arbery's family attorney charged that videos of earlier police encounters show a pattern of unfair treatment of Arbery based on his skin color.<ref>{{cite news |last1=Jones |first1=Tom |last2=Thomas |first2=Tony |title=Ahmaud Arbery family attorney says new videos show pattern of mistreatment for color of his skin |date=May 19, 2020 |access-date= May 24, 2020 |publisher=[[WSB-TV]] |location=[[Atlanta]] |url=https://www.wsbtv.com/news/local/ahmaud-arbery-case-new-videos-show-arbery-during-2017-traffic-stop-shoplifting-arrest/NSFCTATZFVCADOGUGHR6BOGTW4/ |archive-date= February 10, 2021 |archive-url= https://web.archive.org/web/20210210081503/https://www.wsbtv.com/news/local/ahmaud-arbery-case-new-videos-show-arbery-during-2017-traffic-stop-shoplifting-arrest/NSFCTATZFVCADOGUGHR6BOGTW4/ |url-status= live}}</ref> |
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On May 1, Gregory McMichael told ''[[The Daily Beast]]'' he "never would have gone after someone for their color". He also said he had no direct evidence Arbery had stolen anything in the neighborhood. However, McMichael argued Arbery was on property "without permission".<ref name=GlaweMay6 /> |
On May 1, Gregory McMichael told ''[[The Daily Beast]]'' he "never would have gone after someone for their color". He also said he had no direct evidence Arbery had stolen anything in the neighborhood. However, McMichael argued Arbery was on property "without permission".<ref name=GlaweMay6 /> |
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A lawyer for William Bryan Jr., the man who recorded the shooting using cell phone video,<ref name=CNNBryanArrest/> said his client had done nothing wrong, had fully cooperated in the investigation, and "is not now, and never has been, a 'vigilante'."<ref name=WootsonMay10 /> The attorney also described Bryan as "a mechanic with a high-school education"<ref> |
A lawyer for William Bryan Jr., the man who recorded the shooting using cell phone video,<ref name=CNNBryanArrest/> said his client had done nothing wrong, had fully cooperated in the investigation, and "is not now, and never has been, a 'vigilante'."<ref name=WootsonMay10 /> The attorney also described Bryan as "a mechanic with a high-school education"<ref>{{cite news |last=Cuomo |first=Chris |author-link=Chris Cuomo |title=Transcripts |date=May 11, 2020 |access-date=May 25, 2020 |work=[[Cuomo Prime Time]] |publisher=[[CNN]] |url=https://transcripts.cnn.com/show/CPT/date/2020-05-11/segment/01 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081405/http://transcripts.cnn.com/TRANSCRIPTS/2005/11/CPT.01.html |url-status=live}}</ref> who was simply a witness to the shooting.<ref name=BurkeMay10>{{cite news |last1=Burke |first1=Minyvonne |last2=Alexander |first2=Blayne |title=Neighbor of suspects in Ahmaud Arbery killing who recorded video is receiving threats, lawyer says |url=https://www.nbcnews.com/news/nbcblk/neighbor-suspects-ahmaud-arbery-killing-who-recorded-video-just-witness-n1203706 |access-date=May 10, 2020 |publisher=[[NBC News]] |date=May 10, 2020 |archive-url=https://web.archive.org/web/20200509212332/https://www.nbcnews.com/news/nbcblk/neighbor-suspects-ahmaud-arbery-killing-who-recorded-video-just-witness-n1203706 |archive-date=May 9, 2020 |url-status=live}}</ref><ref>{{cite news |first=Grace |last=Hauck |url=https://www.usatoday.com/story/news/nation/2020/05/09/ahmaud-arbery-video-shooting-roddie-bryan-witness-lawyer/3102505001/ |title=Man who recorded Ahmaud Arbery's shooting on video was just a witness, his lawyer says |archive-url=https://web.archive.org/web/20210210081405/https://www.usatoday.com/story/news/nation/2020/05/09/ahmaud-arbery-video-shooting-roddie-bryan-witness-lawyer/3102505001/ |access-date=December 1, 2021 |archive-date=February 10, 2021 |url-status=live |work=USA Today |date=May 9, 2020 }}</ref> |
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Attorneys for Arbery's family called for Bryan's arrest. They said that because Bryan had participated in chasing Arbery and had "corralled" him, Bryan participated in the murder.<ref>{{cite news |first1=Richard |last1=Fausset |first2=Rick |last2=Rojas |url=https://www.nytimes.com/2020/05/18/us/ahmaud-arbery-william-bryan.html |title=Man Who Filmed the Arbery Killing Faces Calls for Arrest |archive-url=https://web.archive.org/web/20210210081406/https://www.nytimes.com/2020/05/18/us/ahmaud-arbery-william-bryan.html |access-date=December 1, 2021 |archive-date=February 10, 2021 |url-status=live |newspaper=[[The New York Times]] |date=May 18, 2020 }}</ref> |
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=== Current and former elected officials === |
=== Current and former elected officials === |
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After the video went public, Georgia Attorney General Chris Carr said, "I expect justice to be carried out as swiftly as possible." Governor [[Brian Kemp]] |
After the video went public, Georgia Attorney General Chris Carr said, "I expect justice to be carried out as swiftly as possible." Governor [[Brian Kemp]] said on May 7 that "Georgians deserve answers" about the incident.<ref name=ShahMay6 /><ref name="Biden">{{cite news |date=May 6, 2020 |title=Ahmaud Arbery: Biden demands justice for Georgia killing of black jogger |publisher=[[BBC News]] |url=https://www.bbc.com/news/world-us-canada-52557609|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200506153340/https://www.bbc.com/news/world-us-canada-52557609|archive-date=May 6, 2020}}</ref> Two Glynn County Commissioners, Peter Murphy and Allen Booker, called for a federal probe.<ref name=WootsonMay10 /> After viewing the video, Georgia U.S. Representative [[Doug Collins (politician)|Doug Collins]] and U.S. Senator [[Kelly Loeffler]] said it was "disturbing" and called for a full investigation and answers.<ref>{{Cite news |last=Oprysko |first=Caitlin |date=May 7, 2020 |title=Georgia GOP Senate candidates push for probe into killing of Ahmaud Arbery |work=[[Politico]] |url=https://www.politico.com/news/2020/05/07/ahmaud-arbery-investigation-loeffler-collins-243085|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508022849/https://www.politico.com/news/2020/05/07/ahmaud-arbery-investigation-loeffler-collins-243085|archive-date=May 8, 2020}}</ref> |
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Speaking to reporters, President [[Donald Trump]] commented, "My heart goes out to the parents and to the loved ones of the young gentleman. It's a very sad thing."<ref>{{Cite news|date=May 8, 2020|title=President Donald Trump Reacts to Shooting Death of Ahmaud Arbery| |
Speaking to reporters, President [[Donald Trump]] commented, "My heart goes out to the parents and to the loved ones of the young gentleman. It's a very sad thing."<ref>{{Cite news |date=May 8, 2020 |title=President Donald Trump Reacts to Shooting Death of Ahmaud Arbery |publisher=[[BET|BET News]] |url=https://www.bet.com/article/m7xb3p/president-donald-trump-reacts-to-ahmaud-arbery-death |access-date=May 8, 2020|url-status=live |archive-url=https://archive.today/20200508053407/https://www.bet.com/news/national/2020/05/07/trump-s-response-to-arbery-shooting.html |archive-date=May 8, 2020}}</ref> Then-[[Presumptive nominee|presumptive]] 2020 Democratic presidential nominee [[Joe Biden]], said that "the video is clear: Ahmaud Arbery was killed in cold blood." Biden offered condolences and called for "a swift, full, and transparent investigation into his murder."<ref name="Biden" /> Biden also described the shooting as a [[Lynching in the United States|lynching]].<ref>{{Cite news |last=Edelman |first=Adam |date=May 7, 2020 |title=Biden slams Arbery shooting as 'grave injustice', demands investigation |publisher=[[NBC News]] |url=https://www.nbcnews.com/politics/2020-election/biden-slams-arbery-shooting-grave-injustice-demands-investigation-n1202291|url-status=live|access-date=May 8, 2020|archive-url=https://web.archive.org/web/20200509114228/https://www.nbcnews.com/politics/2020-election/biden-slams-arbery-shooting-grave-injustice-demands-investigation-n1202291|archive-date=May 9, 2020}}</ref> |
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=== Civil rights groups, commentators, and the public === |
=== Civil rights groups, commentators, and the public === |
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[[File:Brunswick Georgia's African American Cultural Center.jpg|right|thumb|Mural on Brunswick, Georgia's African American Cultural Center, painted in May 2020<ref>{{Cite news |url=https://www.wtoc.com/2020/05/14/artist-painting-mural-ahmaud-arbery-brunswick/ |date=May 14, 2020 |title=Artist painting mural of Ahmaud Arbery in Brunswick |first=Amanda |last=Aguilar |website=[[WTOC-TV]]|access-date=May 18, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081406/https://www.wtoc.com/2020/05/14/artist-painting-mural-ahmaud-arbery-brunswick/|url-status=live}}</ref> |
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After the video was released, demonstrators gathered outside the Glynn County Courthouse to demand an arrest in the case, and called for the resignation of District Attorney Jackie Johnson. The local Brunswick [[NAACP]] chapter also called for the resignation of the Glynn County police chief.<ref>{{Cite news|last=Gough|first=Lyndsey|date=May 6, 2020|title=Protest held to demand arrests for the death of Ahmaud Arbery|website=[[WTOC-TV]]|url=https://www.wtoc.com/2020/05/06/protest-held-demand-arrests-death-ahmaud-arbery/|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508032719/https://www.wtoc.com/2020/05/06/protest-held-demand-arrests-death-ahmaud-arbery/|archive-date=May 8, 2020}}</ref> The [[Southern Poverty Law Center]] called for a Federal investigation into the incident, citing their belief Arbery's death was racially motivated.<ref>{{Cite news|date=April 30, 2020|title=Civil Rights Group Demands Federal Probe of Georgia Killing|newspaper=[[The New York Times]]|agency=[[Associated Press]]|url=https://www.nytimes.com/aponline/2020/04/30/us/ap-us-deadly-shooting-georgia.html|url-status=live|url-access=limited|archive-url=https://web.archive.org/web/20200508052706/https://www.nytimes.com/aponline/2020/04/30/us/ap-us-deadly-shooting-georgia.html|archive-date=May 8, 2020}}</ref><ref name=SPLCFederal>{{Cite news|last=Hobbs|first=Larry|date=May 2, 2020|title=SPLC calls for federal oversight in Arbery shooting|newspaper=[[The Brunswick News]]|url=https://thebrunswicknews.com/news/local_news/splc-calls-for-federal-oversight-in-arbery-shooting/article_ec4f8da6-1264-5e5c-a8d5-6a85dd8bea7f.html|url-status=live|archive-url=https://web.archive.org/web/20200508005046/https://thebrunswicknews.com/news/local_news/splc-calls-for-federal-oversight-in-arbery-shooting/article_ec4f8da6-1264-5e5c-a8d5-6a85dd8bea7f.html|archive-date=May 8, 2020}}</ref> Attorney and journalist [[David A. French]] wrote that under Georgia's [[Stand-your-ground law]], because the McMichaels initiated the confrontation, "It’s a crime under Georgia law to point a gun (loaded or unloaded) without legal justification. When Arbery was confronted by armed men who moved directly to block him from leaving, demanding to 'talk,' then Arbery was entitled to defend himself. Georgia’s 'stand your ground law' arguably benefits Arbery, not those who were attempting to falsely imprison him at gunpoint."<ref name="FrenchDispatch">{{cite news |url=https://thedispatch.com/p/a-vigilante-killing-in-georgia |title=A Vigilante Killing in Georgia |first=David A. |last=French |work=[[The Dispatch]] |date=May 7, 2020}}</ref> |
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]] |
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[[File:Black Futures Matter mural, Brunswick, GA, US.jpg|right|thumb|Mural painted in July 2020<ref>{{cite news |last=Cooper |first=Taylor |url=https://thebrunswicknews.com/news/local_news/brunswick-mural-calls-for-end-to-citizens-arrest-law/article_1bfb2d31-7e3c-5678-838a-c4173b0d4da7.html |work=[[The Brunswick News]] |title=Brunswick mural calls for end to citizens arrest law |date=July 8, 2020|access-date=July 9, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210081406/https://thebrunswicknews.com/news/local_news/brunswick-mural-calls-for-end-to-citizens-arrest-law/article_1bfb2d31-7e3c-5678-838a-c4173b0d4da7.html|url-status=live}}</ref>]] |
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After the video was released, demonstrators gathered outside the Glynn County Courthouse to demand an arrest in the case, and called for the resignation of District Attorney Jackie Johnson. The local Brunswick [[NAACP]] chapter also called for the resignation of the Glynn County police chief.<ref>{{Cite news |last=Gough |first=Lyndsey |author-link=Lyndsey Gough |date=May 6, 2020 |title=Protest held to demand arrests for the death of Ahmaud Arbery |url=https://www.wtoc.com/2020/05/06/protest-held-demand-arrests-death-ahmaud-arbery/ |url-status=live |archive-url=https://web.archive.org/web/20200508032719/https://www.wtoc.com/2020/05/06/protest-held-demand-arrests-death-ahmaud-arbery/ |archive-date=May 8, 2020 |access-date=May 7, 2020 |website=[[WTOC-TV]]}}</ref> The [[Southern Poverty Law Center]] called for a federal investigation into the incident, citing their belief Arbery's murder was racially motivated.<ref>{{Cite news |date=April 30, 2020 |title=Civil rights group demands federal probe of Georgia killing |access-date=November 30, 2021 |work=[[Associated Press]] |url=https://apnews.com/article/georgia-us-news-ms-state-wire-brunswick-race-and-ethnicity-08b165c5bc0e077d68223171b176402d |archive-date=November 30, 2021 |archive-url=https://web.archive.org/web/20211130200125/https://apnews.com/article/georgia-us-news-ms-state-wire-brunswick-race-and-ethnicity-08b165c5bc0e077d68223171b176402d |url-status=live }}</ref><ref name=SPLCFederal>{{Cite news |last=Hobbs |first=Larry |date=May 2, 2020 |title=SPLC calls for federal oversight in Arbery shooting |newspaper=[[The Brunswick News]] |url=https://thebrunswicknews.com/news/local_news/splc-calls-for-federal-oversight-in-arbery-shooting/article_ec4f8da6-1264-5e5c-a8d5-6a85dd8bea7f.html|url-status=live|archive-url=https://web.archive.org/web/20200508005046/https://thebrunswicknews.com/news/local_news/splc-calls-for-federal-oversight-in-arbery-shooting/article_ec4f8da6-1264-5e5c-a8d5-6a85dd8bea7f.html |access-date=December 1, 2021 |archive-date=May 8, 2020}}</ref> |
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On May 8, which would have been Arbery's 26th birthday, thousands of supporters of Arbery's family took part in a run of {{convert|2.23|mi|km}} in honor of the date of his death and documented it to social media with the hashtag #IRunWithMaud.<ref>Fortin, Jacey, "[https://www.nytimes.com/2020/05/08/us/run-with-maud-ahmaud-arbery.html On Ahmaud Arbery's Birthday, Thousands Say #IRunWithMaud] {{Webarchive|url=https://web.archive.org/web/20200510134315/https://www.nytimes.com/2020/05/08/us/run-with-maud-ahmaud-arbery.html |date=May 10, 2020 }}", ''[[The New York Times]]'' (May 8, 2020).</ref> |
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[[Political commentator]] and former attorney [[David A. French]] wrote that, under Georgia's [[stand-your-ground law]], because the McMichaels initiated the confrontation, |
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Many clergy and celebrities have voiced support for review of the case, and concern about the violence.<ref name="Klett2020">{{cite news|last1=Klett|first1=Leah MarieAnn|date=May 7, 2020|title=Pastors, evangelical leaders condemn Ahmaud Arbery killing, issue call for justice|page=2|work=[[The Christian Post]]|url=https://www.christianpost.com/news/pastors-evangelical-leaders-condemn-ahmaud-arbery-killing-issue-call-for-justice.html?page=2|url-status=live|accessdate=May 7, 2020|archive-url=https://archive.today/20200508034820/https://www.christianpost.com/news/just-mercy-author-bryan-stevenson-faith-death-row-advocacy-no-one-is-beyond-redemption.html|archive-date=May 8, 2020}}</ref> [[Russell D. Moore]], head of the [[Southern Baptist Convention]]'s [[Ethics and Religious Liberty Commission]], said, "under any Christian vision of justice, there is no situation in which the mob murder of a person can be morally right, nor grounds for a person to be chased down and shot by private citizens."<ref name="Klett2020" /> Athletes such as [[LeBron James]], [[Brian Orakpo]], [[Torrey Smith]], [[Enes Kanter]], and [[Marcus Stroman]] used Twitter to demand justice, and offer their [[thoughts and prayers]].<ref>{{Cite news|last=Gaydos|first=Ryan|date=May 7, 2020|title=LeBron James, other athletes speak out on Ahmaud Arbery shooting|website=[[Fox News]]|url=https://www.foxnews.com/sports/lebron-james-ahmaud-arbery-shooting-death|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508054335/https://www.foxnews.com/sports/lebron-james-ahmaud-arbery-shooting-death|archive-date=May 8, 2020}}</ref> Others posted tributes to Arbery, such as [[Lecrae]], [[David A. French]], [[Christ Presbyterian Church (Nashville, Tennessee)|Scott Sauls]], [[Christine Caine]], [[Jack Graham (pastor)|Jack Graham]], [[J.D. Greear]], [[Viola Davis]], [[Wanda Sykes]], [[Padma Lakshmi]], [[Gabrielle Union]], and [[Andy Lassner]].<ref name="Klett2020" /><ref>{{Cite news|last=Aviles|first=Gwen|date=May 7, 2020|title=Celebrities speak out on shooting death of black jogger in Georgia|website=[[NBC News]]|url=https://www.nbcnews.com/pop-culture/pop-culture-news/celebrities-express-outrage-over-shooting-death-black-jogger-georgia-n1202016|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.nbcnews.com/pop-culture/pop-culture-news/celebrities-express-outrage-over-shooting-death-black-jogger-georgia-n1202016|archive-date=May 7, 2020}}</ref> |
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<blockquote>It's a crime under Georgia law to point a gun (loaded or unloaded) without legal justification. When Arbery was confronted by armed men who moved directly to block him from leaving, demanding to "talk" then Arbery was entitled to defend himself. Georgia's 'stand your ground law' arguably benefits Arbery, not those who were attempting to falsely imprison him at gunpoint.<ref name="FrenchDispatch">{{cite news |url=https://thedispatch.com/p/a-vigilante-killing-in-georgia |title=A Vigilante Killing in Georgia |first=David A. |last=French |work=[[The Dispatch]] |date=May 7, 2020 |access-date=May 14, 2020 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210081459/https://thedispatch.com/p/a-vigilante-killing-in-georgia |url-status=live}}</ref></blockquote> |
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On May 8, 2020, which would have been Arbery's 26th birthday, thousands of supporters of Arbery's family took part in a run of {{convert|2.23|mi|km}}, the date of his murder; they documented it to social media with the hashtag #IRunWithMaud.<ref>{{cite news |last=Fortin |first=Jacey |url=https://www.nytimes.com/2020/05/08/us/run-with-maud-ahmaud-arbery.html |title=On Ahmaud Arbery's Birthday, Thousands Say #IRunWithMaud |url-status=live |archive-url=https://web.archive.org/web/20200510134315/https://www.nytimes.com/2020/05/08/us/run-with-maud-ahmaud-arbery.html |access-date=December 1, 2021 |archive-date=May 10, 2020 |newspaper=[[The New York Times]] |date=May 8, 2020 }}</ref> |
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On social media, [[far-right]] and [[neo-Nazi]] groups spread falsehoods about Arbery, and their [[White nationalism|white-nationalist]] supporters attacked President Trump for his sympathetic comments regarding Arbery. They falsely claimed that Arbery was wielding a hammer and wearing boots when he was shot dead; Arbery was actually wearing shoes. They also spread racist remarks about Arbery, and claimed that the McMichaels were victims. Far-right groups argued that the McMichaels' arrests reflected a bias against whites.<ref>{{cite news |last1=Mekhennet |first1=Souad |title=Far-right groups are spreading racist, false claims about shooting victim Ahmaud Arbery, analysts say |url=https://www.washingtonpost.com/national-security/far-right-groups-are-spreading-racist-false-claims-about-shooting-victim-ahmaud-arbery-analysts-say/2020/05/17/31cde428-962b-11ea-82b4-c8db161ff6e5_story.html |accessdate=May 19, 2020 |work=[[The Washington Post]] |date=May 17, 2020| archivedate=May 19, 2020| archiveurl=http://archive.is/EVMdn}}</ref> |
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Many clergy and celebrities have voiced support for review of the case, and concern about the violence.<ref name="Klett2020">{{cite news |last1=Klett |first1=Leah MarieAnn |date=May 7, 2020 |title=Pastors, evangelical leaders condemn Ahmaud Arbery killing, issue call for justice |page=2 |work=[[The Christian Post]] |url=https://www.christianpost.com/news/pastors-evangelical-leaders-condemn-ahmaud-arbery-killing-issue-call-for-justice.html?page=2|url-status=live|access-date=May 7, 2020|archive-url=https://archive.today/20200508034820/https://www.christianpost.com/news/pastors-evangelical-leaders-condemn-ahmaud-arbery-killing-issue-call-for-justice.html?page=2|archive-date=May 8, 2020}}</ref> [[Russell D. Moore]], head of the [[Southern Baptist Convention]]'s [[Ethics and Religious Liberty Commission]], said, "under any Christian vision of justice, there is no situation in which the mob murder of a person can be morally right, nor grounds for a person to be chased down and shot by private citizens."<ref name="Klett2020" /> [[LeBron James]] expressed outrage on Twitter, and offered "prayers and blessings".<ref>{{Cite news |last=Gaydos |first=Ryan |date=May 7, 2020 |title=LeBron James, other athletes speak out on Ahmaud Arbery shooting |publisher=[[Fox News]] |url=https://www.foxnews.com/sports/lebron-james-ahmaud-arbery-shooting-death|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200508054335/https://www.foxnews.com/sports/lebron-james-ahmaud-arbery-shooting-death|archive-date=May 8, 2020 |quote="We're literally hunted EVERYDAY/EVERYTIME we step foot outside the comfort of our homes! Can't even go for a damn jog man! Like WTF man are you kidding me?!?!?!?!?!? No man {{Abbr|for real|fr}} ARE YOU KIDDING ME!!!!! I'm sorry Ahmaud(Rest In Paradise) and my prayers and blessings sent to the heavens above to your family!"}}</ref> Some posted tributes to Arbery, including [[Lecrae]], [[David A. French]], [[Christ Presbyterian Church (Nashville, Tennessee)|Scott Sauls]], [[Christine Caine]], [[Jack Graham (pastor)|Jack Graham]], [[J. D. Greear]], [[Viola Davis]], [[Wanda Sykes]], [[Padma Lakshmi]], [[Gabrielle Union]], and [[Andy Lassner]].<ref name="Klett2020" /><ref>{{Cite news |last=Aviles |first=Gwen |date=May 7, 2020 |title=Celebrities speak out on shooting death of black jogger in Georgia |work=[[NBC News]] |url=https://www.nbcnews.com/pop-culture/pop-culture-news/celebrities-express-outrage-over-shooting-death-black-jogger-georgia-n1202016|url-status=live|access-date=May 7, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.nbcnews.com/pop-culture/pop-culture-news/celebrities-express-outrage-over-shooting-death-black-jogger-georgia-n1202016|archive-date=May 7, 2020}}</ref> |
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On social media, [[far-right]] and [[neo-Nazi]] groups spread falsehoods about Arbery; their [[White nationalism|white-nationalist]] supporters attacked [[President Trump]] for his sympathetic comments regarding Arbery. According to an analyst from the [[Middle East Media Research Institute]], such groups claimed Arbery was wielding a hammer and wearing Timberland boots when he was shot dead; Arbery was wearing running shoes and did not have a hammer. They also spread racist remarks about Arbery, and claimed that the McMichaels and Bryan were victims. Several far-right groups said the McMichaels' and Bryan's arrests reflected a bias against whites.<ref>{{cite news |last1=Mekhennet |first1=Souad |title=Far-right groups are spreading racist, false claims about shooting victim Ahmaud Arbery, analysts say |url=https://www.washingtonpost.com/national-security/far-right-groups-are-spreading-racist-false-claims-about-shooting-victim-ahmaud-arbery-analysts-say/2020/05/17/31cde428-962b-11ea-82b4-c8db161ff6e5_story.html |access-date=May 19, 2020 |newspaper=[[The Washington Post]] |date=May 17, 2020 |archive-date=May 18, 2020 |archive-url=https://archive.today/20200518115050/https://www.washingtonpost.com/national-security/far-right-groups-are-spreading-racist-false-claims-about-shooting-victim-ahmaud-arbery-analysts-say/2020/05/17/31cde428-962b-11ea-82b4-c8db161ff6e5_story.html |url-status=live}}</ref> Some far-right members appropriated "jogger" as a euphemism for "nigger" to both mock the circumstance surrounding his death, and as a way to circumvent anti-hate speech policies.<ref>{{cite book |last=Lavin |first=Tal |author-link=Tal Lavin |year=2020 |location=New York |title=[[Culture Warlords|Culture Warlords: My Journey into the Dark Web of White Supremacy]]|pages=50–51 |publisher=[[Hachette Books]] |isbn=978-0-306-84643-4}}</ref> |
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== Reactions to the verdict == |
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Civil rights leaders and politicians reacted overwhelmingly to the verdict with hopeful yet cautionary statements, and Arbery's family thanked those who showed support.<ref name=Luscombe>{{cite news |last=Luscombe |first=Richard |url=https://www.theguardian.com/us-news/2021/nov/24/ahmaud-arbery-murder-georgia-reaction |title='A long fight': relief across the US as men convicted of murdering Ahmaud Arbery |date=November 24, 2021 |work=[[The Guardian]] |access-date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125183928/https://www.theguardian.com/us-news/2021/nov/24/ahmaud-arbery-murder-georgia-reaction |url-status=live }}</ref><ref name=Schnell>{{cite news |last=Schnell |first=Lindsay |url=https://www.usatoday.com/story/news/nation/2021/11/24/ahmaud-arbery-verdict-reactions-georgia-murder-trial/8751892002/ |title=Ahmaud Arbery verdict represents 'progress' toward 'true justice,' civil rights leaders say |date=November 24, 2021 |work=[[USA Today]] |access-date=November 24, 2021 |archive-date=November 25, 2021 |archive-url=https://web.archive.org/web/20211125194309/https://www.usatoday.com/story/news/nation/2021/11/24/ahmaud-arbery-verdict-reactions-georgia-murder-trial/8751892002/ |url-status=live }}</ref> |
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=== Civil rights leaders === |
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Arbery family lawyer and civil rights attorney [[Benjamin Crump]] said, "Today certainly indicates progress, but we are nowhere close to the finish line. Keep marching. Keep fighting for what is right. And never stop running for Ahmaud."<ref name=Luscombe /> Crump added, "While today is not one for celebration, it is one for reflection."<ref name=Schnell /> [[Derrick Johnson (activist)|Derrick Johnson]], President and CEO of the [[NAACP]], called the verdict "long overdue."<ref name=Schnell/> |
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=== Family === |
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Arbery's mother Wanda Cooper-Jones has said, "It's been a long fight, it's been a hard fight...Thank you to those who marched, the ones who prayed, thank you."<ref name=Luscombe /> Arbery's father Marcus Arbery commented, "We conquered that lynch mob."<ref name=Luscombe /> |
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=== Current and former elected officials === |
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Georgia Governor [[Brian Kemp]] condemned the actions of the murderers, saying Arbery "was the victim of a vigilantism that has no place in Georgia."<ref name=Reuters-Reactions>{{cite news |first1=Nathan |last1=Layne |first2=Maria |last2=Caspani |first3=Gabriella |last3=Borter |url=https://www.reuters.com/world/us/a-vitally-important-step-reactions-guilty-verdict-arbery-trial-2021-11-24/ |title=Factbox: 'Small measure of peace': Reactions to guilty verdict in Arbery trial |date=November 24, 2021 |work=[[Reuters]] |access-date=November 24, 2021 |archive-date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126055954/https://www.reuters.com/world/us/a-vitally-important-step-reactions-guilty-verdict-arbery-trial-2021-11-24/ |url-status=live }}</ref> Kemp and Georgia Attorney General [[Christopher M. Carr|Chris Carr]] each called for community, state, and national "healing and reconciliation."<ref name=Reuters-Reactions/> Activist and former Minority Leader of the [[Georgia House of Representatives]] [[Stacey Abrams]] said, "A jury believed the evidence of their eyes and saw the meanness in the killers' hearts. May this verdict bring a small measure of peace."<ref name=Reuters-Reactions /> U.S. Senator [[Raphael Warnock]] from Georgia said the verdict "upholds a sense of accountability, but not true justice."<ref name=Schnell /><ref name=Reuters-Reactions /> Warnock's colleague Georgia Senator [[Jon Ossoff]] said, "A historic civil rights mobilization was necessary for the killers to face prosecution at all...[demonstrating] profoundly the urgency of reforms to make equal justice real in America."<ref name=Schnell /> |
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President [[Joe Biden]] said Arbery's murder was "a devastating reminder of how far we have to go in the fight for racial justice in this country."<ref name=Schnell /><ref name=Luscombe /> Vice President [[Kamala Harris]] said, "We honor (Arbery) best by continuing the fight for justice."<ref name=Schnell /> [[Congressional Black Caucus]] chair [[Joyce Beatty]] said, "This story – although devastating – is not new; we've seen this play out repeatedly...Justice has been served. However, there is still much work to be done."<ref name=Reuters-Reactions /> |
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== See also == |
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* [[Running while black]] |
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* [[Lynchings in the United States]] |
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==Notes== |
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{{Notelist}} |
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== References == |
== References == |
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== External links == |
== External links == |
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*{{cite news|url=https://www.pbs.org/newshour/show/apparent-video-of-black-mans-shooting-death-sparks-national-outrage|url-status=live|title=Video appearing to show killing of black jogger Ahmaud Arbery sparks outrage|work=[[PBS NewsHour]]| |
* {{cite news |url=https://www.pbs.org/newshour/show/apparent-video-of-black-mans-shooting-death-sparks-national-outrage|url-status=live |title=Video appearing to show killing of black jogger Ahmaud Arbery sparks outrage |work=[[PBS NewsHour]] |last1=Alcindor |first1=Yamiche|author-link=Yamiche Alcindor |last2=Choe |first2=Jaywon |date=May 6, 2020|access-date=May 8, 2020|archive-url=https://web.archive.org/web/20200507203945/https://www.pbs.org/newshour/show/apparent-video-of-black-mans-shooting-death-sparks-national-outrage|archive-date=May 7, 2020}} – includes anonymous video of incident |
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*{{cite news |url=https://int.nyt.com/data/documenthelper/ |
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Latest revision as of 03:26, 16 December 2024
Murder of Ahmaud Arbery | |
---|---|
Location | Satilla Shores unincorporated Glynn County, Georgia, U.S. |
Coordinates | 31°07′27″N 81°33′22″W / 31.12417°N 81.55611°W |
Date | February 23, 2020 c. 1:15 p.m. |
Attack type | Murder, shooting, hate crime |
Victim | Ahmaud Marquez Arbery |
Perpetrators |
|
Motive | Anti-black racism[1][2][3][4][5] |
Verdict | All perpetrators guilty on all counts in federal trial State trial: Travis McMichael Guilty on all charges Gregory McMichael Not guilty of malice murder Guilty on remaining charges William Bryan Guilty of felony murder (3 counts), aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment (1 count each) |
Charges | State charges:
District Attorney Jackie Johnson:
|
Sentence |
|
On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was murdered during a racially motivated hate crime[b] while jogging in Satilla Shores, a neighborhood near Brunswick in Glynn County, Georgia.[1][2][3][4][5][9] Three white men, who later claimed to police that they assumed he was a burglar,[10][2][1][11] pursued Arbery in their trucks for several minutes, using the vehicles to block his path as he tried to run away.[12] Two of the men, Travis McMichael and his father, Gregory McMichael, were armed in one vehicle. Their neighbor, William "Roddie" Bryan, was in another vehicle. After overtaking Arbery, Travis exited his truck, pointing his weapon at Arbery. Arbery approached Travis and a physical altercation ensued, resulting in Travis fatally shooting Arbery.[3][4] Bryan recorded this confrontation and Arbery's murder on his cell phone.
Members of the Glynn County Police Department (GCPD) arrived on the scene soon after the shooting; due to Gregory McMichael's background in civil service, the responding officer referred to him on a first-name basis and no questions as to the legality of the shooting nor the validity of self-defense claims were made. Arbery was still alive at the time officers arrived on the scene.[13] No arrests were made for more than two months. The GCPD said the Brunswick District Attorney's Office first advised them to make no arrests,[14] then Waycross District Attorney George Barnhill twice advised the GCPD to make no arrests, once before he was officially assigned to the case,[15][16] and once while announcing his intention to recuse himself due to a conflict of interest.[16][17][18] At the behest of Gregory McMichael,[19] a local attorney provided Bryan's video to local radio station WGIG, which published the video on May 5.[20] The video went viral[21] on YouTube and Twitter.[22][23] The Georgia Bureau of Investigation (GBI) arrested the McMichaels on May 7 and Bryan on May 21, charging them with felony murder and other crimes.[24][25][26]
The case was ultimately transferred to the Cobb County District Attorney's Office.[27][28][29] On June 24, 2020, a grand jury indicted each of the three men on charges of malice murder, felony murder, and other crimes.[6] Their trial began in November 2021 in the Glynn County Superior Court;[30][31] all three were convicted on November 24 of felony murder, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment.[32][33] Travis McMichael was further convicted of malice murder.[34] On January 7, 2022, the McMichaels were sentenced to life imprisonment without the possibility of parole plus 20 years, while Bryan was sentenced to life imprisonment with the possibility of parole after 30 years.[35][36] On February 22, 2022, the three men were found guilty in a federal court of attempted kidnapping and the hate crime of interference with rights, while the McMichaels were also convicted of one count of using firearms during a crime of violence.[37][7]
The local authorities' handling of the case resulted in nationwide criticism and debates on racial profiling in the United States.[38][39] Many religious leaders, politicians, athletes, and other celebrities condemned the incident.[40] Georgia Attorney General Christopher M. Carr formally requested the intervention of the Federal Bureau of Investigation in the case on May 10, 2020, which was granted the following day.[41][42][43] Former Brunswick District Attorney Jackie Johnson was indicted in September 2021 for "showing favor and affection" to Gregory McMichael (her former subordinate) during the investigation, and for obstructing law enforcement by directing that Travis McMichael not be arrested.[44][45] In the aftermath of the murder, Georgia enacted hate crimes legislation in June 2020,[46] then repealed and replaced its citizen's arrest law in May 2021.[47]
People involved
[edit]- Ahmaud Marquez Arbery (May 8, 1994 – February 23, 2020), nicknamed "Maud" or "Quez", was 25 at the time of death.[48][49] He frequently ran for exercise, including regularly in Satilla Shores, a neighborhood close to the city of Brunswick, Georgia.[49][48][50] Arbery lived in Fancy Bluff, a traditionally black neighborhood across the U.S. Route 17 highway from Satilla Shores, which was around two miles away.[51] He graduated from Brunswick High School in 2012, where he was a football star.[48][49] As a linebacker, he was known for his speed and agility.[49] He attended South Georgia Technical College during fall 2012 and spring 2013 to train for a career as an electrician.[49][48] He paused his studies to save money by working in his father's car wash and landscaping business,[49] and had plans to re-enroll.[49][48][52]
- Gregory Johns McMichael[53] (born December 23, 1955), then 64, previously worked as a Glynn County Police Department (GCPD) officer from 1982 to 1989, and as an investigator for the Brunswick Judicial Circuit District Attorney's Office from 1995 to his retirement in May 2019.[3][54] In 2018, McMichael helped in a shoplifting investigation involving Arbery.[48][55][56] According to various news sources, Arbery had been caught shoplifting in a Walmart store which led to a subsequent revocation and extension of Arbery's probation.[49][48] It is unknown whether McMichael remembered this when he encountered Arbery on the day of the shooting.[56] The prosecution later said the charges had nothing to do with his murder.[57]
- Travis James McMichael[53] (born January 18, 1986), then 34,[58] was a U.S. Coast Guard mechanic between 2007 and 2016, and had some training in law enforcement.[59] He is Gregory McMichael's son.
- William Roderick Bryan, Jr (born August 19, 1969), nicknamed "Roddie", then 50, was a neighbor of the McMichaels.[60] Bryan was a mechanic and worked at a local hardware store in Brunswick according to posts on his social media.[61]
Video of the murder
[edit]A video of the murder[62] was recorded by Bryan using his cellphone from his vehicle as he followed Arbery jogging down the neighborhood road.[60][63][64][65] The video showed Arbery jogging on the left side of the road when he encountered a white pickup truck, a thirteenth generation Ford F-150, that had stopped in the right lane.[64][65] Gregory McMichael is standing in the truck bed, while Travis McMichael initially stands beside the driver's door with a shotgun.[66][65][67][68] Bryan's vehicle comes to a stop behind Arbery and the pickup truck.[66][67]
As Arbery approaches the pickup truck, shouting can be heard.[66] Arbery then crosses from the left side of the road to the right side and runs around the passenger's side of the truck. After passing the truck's front, Arbery turns left.[65][67][69] Meanwhile, Travis McMichael, holding his shotgun, approaches Arbery at the truck's front.[68][70] The camera's view of the confrontation between Arbery and Travis is momentarily blocked.[21]
Several media accounts of the video report that the audio of the first gunshot seems to be heard before Arbery and Travis struggle with each other.[64][69][71] Some media accounts first report a struggle, and then mention the gunshot(s).[67][72] Other media accounts describe that it was "not possible" to see from the video what was happening when the first gunshot was fired,[21] or report that the truck "blocks the view of how the men first engage each other" with regard to when the gunshot is heard.[73]
Travis and Arbery are seen to grapple over the shotgun.[69][74] While struggling, both men disappear off camera view on the left side of the frame, after which the audio of a second gunshot is heard.[65][67] When they reappear, Arbery throws punches and tries to grab the shotgun.[67] A third gunshot is heard being fired by Travis at point-blank range as Arbery appears to throw a right-handed punch at his head.[65][66][67] Arbery recoils, stumbles, and collapses face down in the middle of the road while Travis walks away.[64][67][68] Gregory McMichael, who has taken out a handgun but has not fired, runs towards his son and Arbery.[66][67]
Investigation by Glynn County Police
[edit]Prior thefts and trespassing incidents reported
[edit]In December 2019 and January 2020, residents of Satilla Shores reported three break-ins or thefts. On December 8, 2019, a Satilla Shores resident reported rifles stolen from the resident's unlocked car. Police recorded a theft on December 28, 2019. On January 1, 2020, Travis McMichael filed a report of a firearm stolen from his unlocked truck.[75][76]
On February 11, 2020, Travis called 911 to report a slender six-foot-tall (1.83 m) black man with short hair, wearing red shorts and a white shirt, who was trespassing on the site of a house under construction. Travis said, "I've never seen this guy before in the neighborhood". The dispatcher asked whether Travis was OK, and he said, "Yeah, it just startled me. When I turned around and saw him and backed up, he reached into his pocket and ran into the house. So I don't know if he's armed or not. But he looked like he was acting like he was." "We've been having a lot of burglaries and break-ins around here lately", Travis said on the call. He told the dispatcher that he was out in his truck, and that as many as four neighbors were out looking for the man. His father Gregory was one of the people out searching that night, and Gregory and at least one other neighbor were armed.[77] Police responded and searched the house along with a neighbor, but found no one.[77][78] However, surveillance video from that evening showed a man who reportedly looked like Arbery, briefly walking in and out of the house under construction. He did not take anything.[77][79] The under-construction house did not have doors or windows.[80]
No evidence has emerged of Arbery committing burglaries or thefts in Satilla Shores.[81][82]
Security cameras and 911 calls before the shooting
[edit]On February 23, in the minutes before the shooting, a security camera installed on a residence across the street from the house under construction, recorded a man identified by his family as Arbery walking down the road and into the house.[83] A second security camera installed within the house recorded a man, identified as Arbery by his family, looking at the interior of the house.[84] Approximately five minutes later, he left and began jogging down the street.[83][85][86] After the man left the house, the first camera on the residence across the street showed a white pickup heading in the man's direction, followed a few minutes later by two police cars.[83] The owner of the home under-construction later revealed that no crimes were committed on the property.[87]
Two calls to the Glynn-Brunswick 911 dispatcher were made just before the shooting. In the first, a then-unidentified male caller said another man was in a house that was "under construction". The 911 dispatcher asked if the man was "breaking into it right now?" The caller replied: "No ... it's all open." After the caller said the man was now "running down the street", the dispatcher said police would respond. The dispatcher asked at 1:08 p.m., "I just need to know what he was doing wrong. Was he just on the premises and not supposed to be?" The caller responded, with some parts garbled, saying: "And he's been caught on camera a bunch at night. It's kind of an ongoing thing." The caller identified the man as a "black guy, white T-shirt".[88] The first caller was later identified in court as neighbor Matthew Albenze.[89]
In the second call, beginning at 1:14 p.m., a male caller said: "I'm out here at Satilla Shores ...There's a black male running down the street." The 911 dispatcher asked, "Where at Satilla Shores?" The caller replied: "I don't know what street we're on." The caller shouted, "Stop! ... Watch that. Stop, damn it! Stop!" The dispatcher tried to speak to the caller but did not receive a reply for several minutes. The caller later hung up.[88] The second caller was later identified in court as Gregory McMichael.[90]
Responding officer's report
[edit]The GCPD reached the scene immediately after the fatal shooting. The responding officer's report relied almost entirely on an interview with Gregory McMichael,[91] who was described as a witness.[92][93]
Gregory said he was in his yard when he saw an unidentified man running by.[93] He said he recognized the man from a prior incident "the other night", when he said he saw the man reach into his pants as if for a weapon. He called to his son Travis and said, "The guy is running down the street; let's go".[92] Gregory brought a .357 Magnum revolver, while Travis brought a shotgun in their pickup truck.[3][92][93] The McMichaels said they pursued the man because he resembled a suspect in a string of local burglaries. But the police said there had been only one recent theft from an unlocked car in the neighborhood.[76]
Travis attempted to cut off the man with his truck. The man turned and began "running back in the direction from which he came".[93] The report states that Bryan, who was erroneously identified as "Roddy [sic]", also tried to cut off the man, but failed.[60][21] Gregory said he saw the unidentified man and yelled: "Stop, stop, we want to talk to you", and that they pulled up to the man, with Travis exiting the truck with the shotgun in hand. Gregory claimed the man "began to violently attack Travis" before two shots were fired.[3][93] The man died at the scene after "bleeding out", the report concluded. Authorities later identified the man as Arbery.[93]
Autopsy
[edit]The autopsy report released by the GBI ruled Arbery's death was a homicide caused by three gunshot wounds he sustained "during a struggle for the shotgun" that fired those shots.[94][95][96] One gunshot wounded the upper left chest, one gunshot wounded the lower middle chest, and one gunshot caused a "deep, gaping" graze wound to the right wrist. There were no alcohol or drugs in Arbery's body, other than a "tiny amount" of THC, the psychoactive component of cannabis.[97][98]
Case handling by prosecutors
[edit]Brunswick Judicial Circuit District Attorney
[edit]The case started under the jurisdiction of Brunswick Judicial Circuit District Attorney Jackie Johnson.[99][100] Because Gregory McMichael had previously worked as an investigator in her office, Johnson recused herself from further involvement in the case.[101] On February 27, 2020, the case was transferred by the Georgia Attorney General's Office to the Waycross Judicial Circuit District Attorney's office. The Waycross Judicial Circuit is south of Brunswick Judicial Circuit.[102]
On March 8, two Glynn County commissioners, citing discussions with Glynn County police, accused Johnson, or her office, of preventing the McMichaels' immediate arrest. Commissioner Allen Booker said: "The police at the scene went to her, saying they were ready to arrest both of them. These were the police at the scene who had done the investigation. She shut them down to protect her friend [Gregory] McMichael." Commissioner Peter Murphy said that officers who responded at the scene had concluded that there was probable cause to make an arrest, but when they contacted Johnson's office, they "were told not to make the arrest."[100]
Johnson's office said that Johnson did not "have any conversation with any GCPD officer about this case" on February 23, and that "no Assistant District Attorney in the office directed any Glynn County police officer not to make an arrest".[99] Johnson's office also blamed the GCPD for being "unable to make a probable cause determination on its own" and argued that it was the local police's responsibility, not the District Attorney's responsibility, to make arrests.[103] It is common for police to consult with the district attorney's office in the aftermath of homicides or other complex cases.[99]
On May 9, the GCPD said that on February 23 the Brunswick District Attorney's Office "became involved in the investigation ... The McMichaels were deemed not to be flight risks and officers were advised by the [Brunswick District Attorney's Office] that no arrests were necessary at the time."[99][14]
On February 28, 2022, it was reported that the state bar dismissed complaints filed by Georgia lawmakers against former Brunswick Judicial Circuit District Attorney Jackie Johnson and Waycross Judicial Circuit DA George Barnhill.[104]
Waycross Judicial Circuit District Attorney
[edit]The GCPD said that on February 24, Waycross Judicial Circuit District Attorney George Barnhill told them that the murder of Arbery "was justifiable homicide."[99][105][106] According to a memorandum written by Barnhill to the GCPD on April 2, Barnhill gave the GCPD "an initial opinion the day after the shooting" on February 24.[15][16] In the April 2 memorandum, Barnhill wrote: "The autopsy supports the initial opinion we gave you on February 24, at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties."[42] But, according to the Office of the Georgia Attorney General on May 10, Barnhill had not yet been appointed to handle Arbery's case on February 24, and he had not put in a request to handle the case.[16][107]
The Georgia Attorney General's Office on May 10 identified the following events as having happened on February 27: the Georgia Attorney General's Office received the request from Johnson's office to transfer Arbery's case to another prosecutor. On the same day, the Georgia Attorney General's Office appointed Barnhill as the presiding prosecutor. Neither Johnson nor Barnhill informed the Georgia Attorney General's Office that Barnhill had already actively participated in the case by reviewing evidence and giving his opinion on whether arrests should occur.[16][107]
On April 1, Arbery's autopsy report was given to Barnhill.[108] On April 2, Barnhill wrote a memorandum to Glynn County police, recommending that no arrests be made.[16][17] Barnhill wrote that the McMichaels were within their rights to chase "a burglary suspect, with solid firsthand probable cause";[3][108] that "Arbery initiated the fight"; and that Travis McMichael "was allowed to use deadly force to protect himself" when "Arbery grabbed the shotgun".[108][109]
Barnhill cited Georgia's citizen arrest law, dating to the Civil War era, as justifying the murder of Arbery (the Georgia law says that either a crime must be committed within the citizen's "immediate knowledge", or there must be "reasonable and probable grounds of suspicion" for a felony crime).[110] Barnhill alleged that videos of Arbery entering the home under construction on the day of the shooting showed Arbery "burglarizing a home immediately preceding the chase and confrontation."[91]
The attorneys representing the Arbery family responded: "This video is consistent with the evidence already known to us. Ahmaud Arbery was out for a jog. He stopped by a property under construction where he engaged in no illegal activity and remained for only a brief period. Ahmaud did not take anything from the construction site. He did not cause any damage to the property. He remained for a brief period of time and was not instructed by anyone to leave but rather left on his own accord to continue his jog. Ahmaud's actions at this empty home under construction were in no way a felony under Georgia law. This video confirms Mr. Arbery's murder was not justified, meaning the actions of the men who pursued him and ambushed him were unjustified."[85]
The owner of the unfinished home, who was 90 miles (140 kilometers) away at the time of the shooting, later said, "I've never had a police report [on my property], or anything stolen from my property, or any kind of robbery."[99] Barnhill wrote that "Arbery's mental health and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man."[3][111] Lastly, Barnhill informed the Glynn County police that he was going to recuse from the case due to connections between his son and Gregory McMichael.[18]
On April 7, Barnhill wrote to Georgia's Attorney General, Christopher M. Carr, saying Arbery's "family are not strangers to the local criminal justice system", noting that Arbery's brother and cousins had encounters with the law.[56] Barnhill told Carr that there was "video of Arbery burglarizing a home immediately preceding the chase and confrontation".[3]
The Georgia Attorney General's Office on May 10 said the following events happened on April 7: it received a request from Barnhill's office to transfer Arbery's case to another prosecutor,[16][107] and Barnhill revealed that he had learned "about 3–4 weeks ago" that Arbery had previously been prosecuted by his son, a prosecutor for the Brunswick Circuit District Attorney's Office, in an earlier case. He also said that one of the defendants had served as an investigator on the same prosecution (this is a reference to Gregory McMichael, who was employed by the Brunswick D.A.'s Office).[16][107][56] The request did not explain why Barnhill had delayed in recusing his office from the case, did not mention that Barnhill had advised Glynn County police on April 2 to make no arrests, and omitted Barnhill's involvement on February 24, instead recounting only his involvement "upon taking the case".[16][107]
On April 13, after Barnhill's recusal, the Georgia Attorney General's Office appointed Atlantic Judicial Circuit District Attorney Tom Durden to take over the handling of the case.[112] The Atlantic Judicial Circuit is the immediately adjacent circuit to the north of Brunswick Judicial Circuit.[102]
Atlantic Judicial Circuit District Attorney
[edit]Video of the shooting released
[edit]A video of the shooting was uploaded on May 5 on the website of local radio station, WGIG; it was received from Gregory McMichael.[19] After two hours, WGIG removed the video for being too graphic.[20][55]
The video was uploaded to YouTube that day.[22] The Arbery family's attorney posted a 28-second segment of the video on Twitter.[23] The video of the shooting went viral.[21] Glynn County police requested the Georgia Bureau of Investigation look into how the video was publicized.[22] The Guardian published an edited version of the video on May 6.[113] TMZ published a longer version of the video on May 5.[62]
On May 7, Alan David Tucker, a local criminal defense attorney, said that he had sent the cell phone video to WGIG,[114][115] and that it had been recorded by William "Roddie" Bryan, who was in the second truck following Arbery.[60] WGIG confirmed that Tucker had provided the video to the radio station.[116] Tucker had informally consulted with the suspects in the case,[116] but said he had not been retained to represent anyone involved.[116][114] Tucker said that he released the video to provide "absolute transparency" due to "erroneous accusations and assumptions",[114] and that "my purpose was not to exonerate them or convict them."[116]
Within hours of the video becoming public, Tom Durden, the district attorney for Georgia's Atlantic Judicial Circuit, said that he would present the case to "the next available grand jury in Glynn County" to decide if charges should be filed. The convening of grand juries had been postponed until after June 12 due to the COVID-19 pandemic.[58][113] Durden accepted Georgia Governor Brian Kemp's offer to bring in the Georgia Bureau of Investigation (GBI) to investigate.[22][117]
Charges filed
[edit]The GBI found probable cause to charge Gregory and Travis McMichael within 36 hours of taking over jurisdiction of the case, and, on May 7, arrested and charged them with felony murder.[c][119][120][121] The McMichaels were booked into the Glynn County Jail.[119] At an appearance before a judge the following day, the McMichaels were both denied bond.[122]
Given the "size and magnitude" of the investigation, Durden requested that the case be reassigned to another prosecutor with a larger staff.[123] Pursuant to Durden's request, the Georgia Attorney General's office reassigned the case on May 11 to the Cobb County District Attorney's Office, led by Joyette M. Holmes.[97][123][27] She was the fourth D.A. to take on the case.[27] Arbery's family welcomed the transfer of the case from a southeast Georgia district attorney to one in the metro Atlanta area 300 miles (480 km) away.[27][123][97]
Cobb Judicial Circuit District Attorney
[edit]The Cobb County District Attorney's Office, led by Joyette M. Holmes, brought charges against the defendants. On May 21, 2020, William "Roddie" Bryan was charged with felony murder and attempt to commit false imprisonment.[26][124] According to the arrest warrant, Bryan tried "to confine and detain" Arbery without legal authority by "utilizing his vehicle on multiple occasions" before Arbery was shot.[63] The GBI said their investigators found "a number of pieces of video" that linked Bryan to the case.[125] Bryan was alleged to have attempted to block Arbery, which was unsuccessful, and struck Arbery with his pickup truck while chasing him.[26][126] Arbery's palm print was found on the rear door of Bryan's truck, cotton fibers near the truck bed were attributed to contact with Arbery, and a dent was found below the location of the cotton fibers.[126]
At the June 4, 2020 preliminary hearing, a Glynn County Magistrate Court judge ruled that there was probable cause for the murder charges against all three men.[127][128] The prosecution presented additional evidence to the court to support the murder charges, including hours of testimony from the lead GBI investigator.[128] At the hearing, the prosecutor said that the three men "chased, hunted down and ultimately executed" Arbery.[28] The investigator testified that none of the three had called 911 prior to the chase; he said:
I don't believe it was self-defense by Mr. McMichael. I believe it was self-defense by Mr. Arbery. I believe Mr. Arbery was being pursued, and he ran until he couldn't run anymore. And it was: turn his back to a man with a shotgun, or fight with his bare hands against a man with a shotgun, and he chose to fight.[128]
The prosecution also introduced a statement to the GBI by William Bryan that Travis McMichael used a racist slur, "fucking nigger", while standing over Arbery's body,[28][29] and testimony that Travis McMichael had previously used the same slur on previous occasions in social media postings and in text messages.[127][128] During the Glynn County trial, the allegation of Travis stating "fucking nigger" was not brought forth to the jury since the only witness, William Bryan, chose not to testify during the trial; meanwhile, by the time legal arguments had concluded, the judge did not make a ruling on whether the social media posts and text messages could be used, so they were not introduced either.[129][130]
The alleged use of these racist slurs could affect a federal hate crime trial in 2022.[28] Although there may be some overlap in witnesses between the two cases, the federal trial is independent of the state trial and not affected by the state trial's outcome.[130][131] Other evidence eventually not shown in the state trial by prosecutors, which can be considered in the federal trial, includes imagery of the Confederate flag on the McMichaels' truck.[126][130]
On June 24, 2020, a Glynn County grand jury indictment was released against all three defendants, each on nine counts: malice murder, four counts of felony murder, two counts of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.[6]
At a hearing in July 2020, the three defendants waived arraignment and pleaded not guilty. During the hearing the lead prosecutor disclosed that Arbery's palm print had been found on the side of Bryan's truck and texts taken from Bryan's cellphone were "replete with racist remarks." At the conclusion of the hearing, the judge denied bond to Bryan.[132]
In August 2020, attorneys for the McMichaels and Bryan filed motions seeking release on bond and dismissal of the charges.[133][134][135][136] In November 2020, the court denied the McMichaels' request for bond.[137] In January 2021, the court denied Bryan's second request for bond.[138]
State trial
[edit]The trial took place in the Glynn County Superior Court in Brunswick.[30] After every Brunswick Judicial Circuit judge recused themselves from the case, Chatham County Superior Court Judge Timothy Walmsley became the trial judge.[139]
Pretrial rulings
[edit]Judge Walmsley made the following pre-trial rulings in 2021:
- He denied a prosecution motion to bar testimony that the neighborhood was "on edge" at the time of the murder.[140]
- He ruled that the defense could not introduce evidence of Arbery's prior "bad acts", noting that the McMichaels were unaware of Arbery's past at the time of the murder. He justified his ruling by stating that the "character of the victim is neither relevant nor admissible in a murder trial", and that such evidence might also mislead the jury into thinking that Arbery's murder was "somehow justified" on potential "future dangerousness".[141]
- He ruled that the defense could not introduce Arbery's mental health records as evidence, citing Arbery's medical privacy. Walmsley also stated that a nurse's 2018 diagnosis of Arbery having mental illness was "highly questionable" and may unfairly prejudice the jury.[142]
- He ruled that the prosecution could let the jury listen to recorded phone calls made by the jailed McMichaels, and issued a limited gag order on trial lawyers not to comment on inadmissible evidence, including evidence they "should reasonably know" would be ruled inadmissible at trial.[143]
- He excluded evidence of "minute" amounts of THC detected in Arbery's body after his autopsy, excluded testimony of two use of force experts which the defense wanted to use regarding Travis McMichael's Coast Guard training, and excluded the introduction of graphic footage of a dying Arbery.[144]
- He excluded evidence that Arbery was on probation when he was murdered, and allowed the introduction into evidence of photos and videos of a Confederate flag symbol on the truck that Travis McMichael used to pursue Arbery.[145]
Jury selection
[edit]The trial of the McMichaels and Bryan in the Superior Court before Judge Walmsley began October 18, 2021, with jury selection. The jury selection process was lengthy and proceeded slowly, with the 600 potential jurors (members of the venire) questioned on what they had heard about the case and whether they had formed a belief about the guilt or innocence of the defendant, and many prospective jurors were dismissed.[146][147][148] Judge Walmsley denied a defense motion to limit demonstrations near the courthouse, citing the demonstrators' First Amendment rights; the judge, however, expressed concern about social media posts that were "identifying jurors" or attempting "to influence the public".[149]
On November 3, 2021, jury selection was completed. Twelve jurors and four alternates were selected. Of the 16 members, one was a black man, three were white men, and 12 were white women. The defense struck 11 of 12 prospective black jurors, the defense leaving the one black man from the qualified panel, while the prosecution used all 12 of its allotted strikes on white potential jurors. Judge Walmsley rejected a prosecution motion alleging that the defense had used its strikes in a racially discriminatory way.[150] Only one black person ended up serving on the jury, despite Glynn County's nearly 27% black population.[31][34]
Opening statements
[edit]Opening statements for the state and the McMichaels were made on November 5, 2021.[151] Opening statements for William "Roddie" Bryan were delivered on November 18, 2021, after the prosecution rested its case.[152]
Prosecutor Linda Dunikoski said the murder of Arbery arose from the defendants' "assumptions and driveway decisions ... Not on facts, not on evidence".[151] She stated that the defendants did not have "immediate knowledge" of Arbery committing a crime that day, referencing Gregory McMichael's police statement where he said he did not know if Arbery had committed a break-in.[153] She also highlighted that twelve days before the murder, Glynn County police officer Robert Rash had relayed to the McMichaels a statement from the under-construction house's owner that Arbery "has never stolen or taken anything from his property".[151] Dunikoski described that Arbery was "under attack" by the defendants during the chase on the day of his murder, alleging that William "Roddie" Bryan had attempted to hit Arbery with his truck four times, that Gregory McMichael told Arbery "Stop or I'll blow your fucking head off", that Gregory later described Arbery as "trapped like a rat" as a result of the chase, and that Travis McMichael had "stepped around that open door and moved toward" Arbery during the final confrontation.[153][154]
Bob Rubin, the lawyer for Travis McMichael, stated that although there was "no crime committed" in the presence of the McMichaels, "there was probable cause to believe a felony had been committed" by Arbery and that he "was attempting to escape."[151] Rubin described the Satilla Shores neighborhood as "on edge" due to property crimes, arguing that Travis had a "duty and responsibility to protect himself and his neighborhood."[153][154] Rubin stated that Travis killed Arbery "in self-defense", because if Arbery had taken Travis's gun, either Travis or Gregory would be dead.[151]
Frank Hogue, the lawyer for Gregory McMichael, stated that Gregory correctly recognized Arbery from prior videos of Arbery entering the under-construction house, and that "Greg had sound reasons to believe theft had occurred – burglary".[151]
Kevin Gough, the lawyer for William "Roddie" Bryan, stated that Bryan "had no intent to strike or injure" Arbery, while noting that Bryan had not taken his rifle along for the chase. Gough argued that there was "scant evidence" that Bryan attempted to "conceal or minimize his involvement" in the incident, because Bryan did not dispose of the cellphone video of the chase and shooting; Bryan instead passed the video to the police.[152][155]
Evidence presentation by the state
[edit]The prosecution presented evidence from November 5 to November 16, 2021.[145][156]
Law enforcement
[edit]Robert Rash, a Glynn County police officer, testified that (1) after speaking to Larry English, the owner of the under-construction house, Rash had been searching for Arbery to warn him against trespassing; (2) having known Gregory McMichael professionally, Rash in December 2019 discussed the "unidentified black male" with Greg. At Gregory's suggestion, Rash shared Gregory's cellphone with English, because Rash wanted Gregory to be "an expert witness to be on the phone with 911" to help identify Arbery; (3) Rash never deputized Gregory or gave him any authority; (4) Rash later shared security camera videos of Arbery with the McMichaels 12 days before the murder, while telling the McMichaels that English "hasn't seen him actually take anything"; (5) also at that time, Rash told the McMichaels about a gun theft incident "down the road" that did not involve Arbery: "we got on video the car that people come in and stole them, they were from another neighborhood."[157][158][159]
Ricky Minshew, who was a Glynn County police officer at the time of the murder, testified he was seconds away from the scene at the time of the shots, having responded to a non-emergency report about a "suspicious black male" leaving a home under construction. Minshew said he arrived at the scene seeing Arbery in a pool of blood and heard a "death rattle" from Arbery, but did not render medical attention as he did not have "adequate medical training" to handle such a serious injury, and also because there were no "police units to watch my back" when he arrived. Minshew testified that he questioned William "Roddie" Bryan at the scene, where Bryan said the following: (1) that he was not familiar with Arbery or the McMichaels when Bryan joined the chase; (2) that he was not sure if Arbery did anything wrong; (3) that he did not know if he should have chased Arbery at all; (4) that he tried to "corner" Arbery with his vehicle five times; (5) that Arbery "had to stop and catch his breath",[160] and seemed "tired of running"; (6) that he heard one of the McMichaels shouting at Arbery: "What'd you steal? What'd you do?" during the chase.[161]
William Duggan, a Glynn County police officer, testified that he came to the scene after hearing a "shots fired" report on his radio. The jury was shown Duggan's body camera and dashboard camera footage, which included graphic video of Arbery's body. Duggan said he attended to Arbery, intending to stop the bleeding from a large chest wound, but then realized that Arbery was already dead. Duggan said he saw Travis McMichael covered in blood and asked if Travis was OK, to which Travis replied: "No I'm not OK ... I just effing [sic] killed somebody." Duggan described Travis as very upset and cooperative.[160][162][163]
Jeff Brandeberry, a Glynn County police officer, testified that he interviewed Gregory McMichael at the scene, who was "pretty amped up" and seemed "a little upset".[164] Brandeberry recounted Gregory saying the following: (1) that he had seen Arbery "hauling ass down the street" past his house in a "dead run";[165] (2) that Arbery had been "breaking in all these houses out here ... he makes frequent trips to the neighborhood and gets caught on video cameras every third or fourth night breaking into places and no one's been able to catch him";[166] (3) that "a driving force in my mind is my son had a missing pistol and this guy I don't know for a fact this guy has been going over doing this crap over and over ... I saw him if I could've gotten a shot, I would have shot him myself";[167] (4) that the blood on Gregory's hand came from checking if Arbery had a gun;[166] and (5) that Arbery was "an asshole. He was hooked up when he came around the corner."[167]
Parker Marcy, a Glynn County police detective, who had interviewed Gregory McMichael at the police station later in the day of the murder, testified that Gregory told him: (1) that he had seen Arbery on surveillance videos shared by a neighbor and "had heard a description of him", but was unsure if he had seen Arbery in person before ("never" or "maybe"); (2) that he saw "two or three videos" showing "this guy breaking into or being or wandering around into this [under-construction] house ... I don't think the guy has stolen anything out of there, and if he did it was early on in this process, but he keeps going back in that house over and over again";[167][166] (3) that he considered Arbery a "prime suspect" in "numerous" forcible entries into buildings and vehicles ("Logic tells you that this guy may be the one that's doing it");[164] (4) he told Arbery during the chase words akin to "Stop ... I'll blow your fucking head off", because "I was trying to convey to this guy we were not playing"; (5) that Gregory had once pointed his gun at Arbery;[166][168] and (6) that the chase resulted in Arbery being "cornered ... like a rat".[164] Marcy further stated that surveillance video did not show Arbery taking anything from the under-construction house that day.[166]
Roderic Nohilly, a Glynn County police detective who had previously known Gregory McMichael professionally, interviewed Gregory at the police station later in the day of the murder. Nohilly testified that Gregory told him: (1) "I don't know. [...] He might have", in response to Nohilly's question on whether Arbery broke into a house that day; (2) that he saw Arbery "hauling ass" past his house, "getting the hell out of there", prompting him to take his handgun and call for Travis; (3) that they "chased [Arbery] around the neighborhood for a bit, but he wasn't winded at all"; (4) that Arbery was "trapped like a rat" in the chase, "wanting to flee", but "realized ... he was not going to get away"; (5) that Arbery wanted to "grab [Travis'] gun and probably shoot Travis ... If he'd had gotten that shotgun, and there was no separation between Travis and him, I was going to cap his ass".[90][169][170][171]
Stephan Lowrey, formerly a Glynn County police investigator who worked on the case, had interviewed Bryan at the police station later in the day of the murder. Lowrey testified that Bryan told him: (1) that he had seen Arbery "running down the road" with a truck "following", so Bryan entered his own vehicle to "assist"; (2) that he had not seen Arbery before and did not know if Arbery was involved with "any past instances", (3) that during the chase, he tried to cut off Arbery multiple times, "angled" Arbery "off the side of the road", but "didn't hit him"; and (4) that Arbery was trying to open Bryan's truck door during the chase. Lowrey further testified that Arbery's fingerprints were found on Bryan's truck door, next to a dent in the truck's body. Regarding the status of the Glynn County investigation before the Georgia Bureau of Investigation takeover, Lowrey said that it could be described as "inactive".[90][170][172]
Jason Seacrist, a Georgia Bureau of Investigation agent, who interviewed Bryan in May 2020, testified that (1) Bryan said he "didn't know for sure" if Arbery did something wrong, but "instinct" indicated Arbery did, and Bryan ultimately "figured he stole something"; (2) compared to his earlier interviews, Bryan played down his involvement in the chase in the later interview, stating that he wanted to slow Arbery down and take a picture of Arbery to identify him to the police.[173][174]
Richard Dial, a Georgia Bureau of Investigation agent, led the organization's investigation into Arbery's murder. Dial testified that (1) Bryan's behavior was not that of a "witness", as he was "pursuing" Arbery and "trying to box him in between two different vehicles";[156] (2) during the chase, Bryan had to reverse his vehicle to continue his pursuit of Arbery after Arbery turned into another street and Bryan overshot the turn. Maps compiled by the Georgia Bureau of Investigation showed that the McMichaels' vehicle looped around to the other end of the street Arbery was on, such that Arbery was between Bryan and the McMichaels, with no way to leave the street without meeting one of their vehicles.[175]
Other Georgia Bureau of Investigation members who testified were (1) Lawrence Kelly, who analyzed phone records and concluded that Bryan did not communicate with the McMichaels on the day of the shooting or before; (2) Jesse Worley, who said that Arbery's fingerprints were found on Bryan's truck; (3) Anne Kisler-Rao, who said that fibers from the side of Bryan's truck were consistent with those of Arbery's shirt, (4) Brian Leppard, who said that Travis' shotgun was fired very close to Arbery's armpit, close enough to touch Arbery's shirt and close enough for Arbery to possibly grab.[176][177]
Other
[edit]During testimony by Cara Richardson, director of the Glynn-Brunswick 911 call center, several calls were played for the jury to hear. In July 2019, Gregory McMichael reported "a lot of break-ins in this area, automobile break-ins. And my son and I just discovered" a male suspect, "he may be living under Bluff Creek bridge ... We just made contact with him". Other calls made by Travis McMichael in January 2020 and mid-February 2020 were also played, as well as a call by Gregory McMichael at the time of the incident.[90][178]
Security camera videos showed the jury that Arbery had visited Larry English's under-construction house five times between October 2019 to February 2020.[80] The videos showed that Arbery had no bag, and he did not touch or take any items from the house.[179][180] The jury also saw more security camera footage from the house, displaying other incidents of two white boys taking plywood from the property's garage, and separately, a white man and woman entering the house at night with a small bag.[80] English made multiple 911 calls regarding the white couple, once saying: "I know that first time they went in and stole", from the boat at his property.[180] English also called 911 over Arbery in 2019, describing him as a "trespasser".[80] Citing ill health, English did not testify live in court, but instead a September 2021 video deposition of his was shown to the jury.[80][181] English testified in his deposition that (1) people frequently explored his under-construction house;[182] (2) he called 911 on Arbery in 2019 wanting police to tell Arbery "not to be there anymore";[80] (3) he barely knew the McMichaels and had never met William Bryan;[179] (4) as to whether he told the McMichaels about incidents at his house – "probably", but "not sure"; (5) he had not authorized the McMichaels to confront anyone on his property; and (6) he did authorize a different neighbor (not Bryan) to check his property.[181]
Kellie Parr, whose parents are residents of Satilla Shores, testified that in either December 2019 or January 2020, she saw a man at the under-construction house, whom she now believes to be Arbery. Parr said that the man was "just standing in the door frame and we just kind of looked at each other as I drove by", and that the man "didn't like hide or anything".[183]
Matthew Albenze, a Satilla Shores resident, testified that (1) he saw Arbery "just looking around" inside the under-construction house on the day of the murder; (2) in reaction to that, he put a handgun in his pocket, and called the police non-emergency number from across the street; (3) he chose not to call 911 because he "did not see an emergency"; (4) that Arbery ran off during Albenze's call, to which Albenze said: "I don't know why he took off running. I don't know if he saw me or not".[169][170] Albenze's call was played to the jury.[89]
Edmund Donoghue, the state medical examiner who conducted Arbery's autopsy, testified that both the first and third shotgun blasts resulted in fatal injuries in Arbery, such that police or paramedics would not have been able to save Arbery's life. The first blast cut through Arbery's right wrist artery and pierced Arbery's chest, breaking ribs and causing massive internal bleeding; the second blast missed; and the third blast cut through a major artery and vein close to Arbery's left armpit, fracturing bones.[156]
Evidence presentation by the defense
[edit]The defense presented testimony on November 17 and 18, 2021.[184][185] Travis McMichael was the only defendant to testify; Gregory McMichael and William "Roddie" Bryan did not testify.[185]
On the first day of his testimony, Travis testified that (1) crime had increased in the neighborhood in the months before the shooting, but he did not have complete information on who committed the crimes;[186] (2) he was aware that items were stolen from the boat at his neighbor's under-construction property, and that he knew that "several people" had entered the property, any of whom could have stolen the items;[184][186] (3) twelve days before the shooting, he saw Arbery "creeping" outside the under-construction house and he confronted Arbery, who reached towards his waistband, leading Travis to leave and call 911, because he was "not going to chase or investigate somebody who might be armed";[184] (4) on the day of the shooting, Gregory McMichael, in nearly a "frantic state", told Travis to "grab your gun" because "the guy who has been breaking in down the road" had run past their house;[184][187] (5) he suspected that Arbery had been caught "breaking in" or been involved in an "altercation".[187] (6) when he and his father chased Arbery in Travis's vehicle, he caught up with Arbery and recognized him as the person he saw twelve days earlier; (7) he mistakenly thought his father indicated that the police had been called;[188] (8) he chased Arbery to ask questions, with Travis asking: "Hey, what are you doing? What's going on?---" and Arbery did not reply;[189] (9) he continued chasing and attempted to "de-escalate" by asking Arbery to "stop", but Arbery looked "very angry", turned around, and ran in the opposite direction;[188] (10) he caught up with Arbery again, saying that "police are on the way," causing Arbery to run faster, hence Travis became more suspicious;[184] (11) he also chased Arbery because he wanted to "let the police know where [Arbery was] at and watch what's going on, to see where he's going;"[186] (12) he circled the neighborhood to track Arbery, eventually seeing him running beside a black truck, which Arbery was "hitting" and "grabbing ... looked like he was trying to get in;" (13) he had not asked Bryan to join the chase and "didn't know where [Bryan's black] truck came from;"[187][188] (14) he stopped his vehicle and got out, then again asked his father if he had called police, to which his father indicated he had no phone;[187] (15) he then saw Arbery running towards him alone, viewed Arbery as "dangerous", shouted at Arbery to "stop", and reached for his shotgun from his vehicle, to which Arbery turned around and ran away.[185][187] (16) regarding the final confrontation captured on video by Bryan, he saw Arbery once again running toward him, this time followed by the black truck, so he passed his cellphone to his father;[185][188] (17) thinking that Arbery was "going to attack", he pointed his shotgun at Arbery "to deter him to do not come at me;"[184][187] (18) Arbery ran around Travis's vehicle from the passengers side to the front, while Travis moved from the driver's side to the front of the vehicle to ensure that he could still see Arbery, thinking that Arbery "might be armed" and was a threat to Greg;[185][187] and that (19) Arbery engaged Travis at the vehicle's front, grabbing the gun and hitting him---so he shot Arbery to stop him from taking the gun.[184]
On the second day of his testimony, Travis McMichael testified that (20) he never told Arbery that Arbery was under arrest for any crime, because "I didn't have time. I was still trying to get him to stop;" (21) later when making a statement to the police, he did not say that he and Gregory were trying to arrest Arbery;[190] (22) until the time he aimed his shotgun at Arbery, Arbery had not verbally threatened him or displayed any weapon, but he thought Arbery "could be a threat" because of his running at him;[191] (23) he told police that day that he "cannot remember" if Arbery had grabbed the gun when he shot him, but the account was inaccurate due to his suffering the "most traumatic event;"[185][192] that regarding Facebook posts he made before the shooting, (24) in January 2019 he agreed with a neighbor who wrote that thieves should be made an example of: "That's right – hope y'all catch the vermin---" then when that neighbor indicated concern over how her father may interact with thieves because he did not care about being jailed, he responded: "That's what this world needs more of ... My old man is the same way ... Hell, I'm getting that way;" and that (25) in July 2019 he wrote "Arm up" in response to a post on local crime.[191][193]
Six residents of Satilla Shores testified on behalf of the defense, relaying their perception of crime in Satilla Shores, as well as a Facebook page on Satilla Shores in which crime was discussed.[190][193]
Closing arguments
[edit]Closing arguments were made on November 22 and 23, 2021.[194][195]
Prosecutor Linda Dunikoski argued that the defendants could not legally make a citizen's arrest of Arbery because they assumed he had committed a crime that day, whereas a citizen's arrest required "immediate knowledge" of a crime.[194] She stated that the alternate requirement for a citizen's arrest, suspicion of fleeing after committing a felony, was not satisfied because at most, Arbery had trespassed, which was a misdemeanor and not a felony.[194] Dunikoski further pointed out that Arbery had never brought "a bag, or any means to steal anything" to the under-construction house.[194] She rejected the notion that the defendants were acting in self-defense "because they were the initial, unjustified aggressors," while noting that Travis McMichael had pointed his shotgun at Arbery.[196] In contrast, she said Arbery had: "No weapon. No threats. No way to call for help. Didn't even have a cell phone on him. Ran away from them for five minutes."[197]
Jason Sheffield, the lawyer for Travis McMichael, argued that under Georgia law, the felony of burglary included entering "with the intent to steal something;" thus when Travis saw Arbery at the under-construction house twelve days before the shooting, he had probable cause to believe Arbery committed burglary and could justifiably arrest him.[194] While describing the incident as "tragic", Sheffield argued: "You are allowed to defend yourself. You are allowed to use force that is likely to cause death or serious bodily injury if you believe it's necessary."[196][197]
Laura Hogue, a lawyer for Gregory McMichael, argued that "Arbery was not an innocent victim," describing him as "a recurring nighttime intruder ... frightening, and unsettling,"[194] who arrived in Satilla Shores "with no socks to cover his long dirty toenails."[198] She said Arbery was "acting erratically when approached and making terrible, unexpected, illogical choices," failed to "stop" or "wait, to tell the police what he was doing,"[199] and ultimately died because he "chose to fight", "without any sense of reason to run at a man wielding a shotgun."[196][198]
Kevin Gough, the lawyer for Bryan, argued that Bryan could not have known that the McMichaels had guns and would shoot Arbery, and that "by the time [Bryan] knew there was nothing he could do."[194] Gough also questioned why Arbery never asked for someone to call 911, suggesting that "Arbery doesn't want help."[196] Gough argued that if the McMichaels "were vigilantes and harbored some ill will toward" Arbery, "then what difference does it make whether Roddie Bryan was there or not?" Gough concluded by stating that Bryan's "presence is absolutely superfluous and irrelevant."[197]
Prosecutor Linda Dunikoski delivered the final rebuttal to defense arguments. She disputed the defense arguments that the McMichaels were afraid of crime in their neighborhood, stating that their five-minute chase of Arbery proved that they were not afraid.[195] Dunikoski described Gregory's description of Arbery "trapped like a rat" as an acknowledgment of false imprisonment, and Gregory's description of Arbery as an "asshole" just after the shooting to be evidence of malice.[200] She concluded that all three men were responsible because they all committed felonies leading up to the murder.[195]
Verdict
[edit]On November 24, 2021, the jury reached a verdict after 12 hours of deliberation spanning two days.[201][202]
- Travis McMichael was found guilty of malice murder, four counts of felony murder, two counts of aggravated assault (with a firearm and with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment).[32][33]
- Gregory McMichael was found guilty of four counts of felony murder, two counts of aggravated assault (with a firearm and with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment). He was found not guilty of malice murder.[32][33]
- William "Roddie" Bryan was found guilty of three counts of felony murder, one count of aggravated assault (with a pickup truck), false imprisonment, and criminal attempt to commit a felony (false imprisonment). He was found not guilty of malice murder, not guilty of one count of felony murder, and not guilty of one count of aggravated assault (with a firearm).[32][33]
A crowd outside the Glynn County courthouse cheered at the guilty verdict by the jury.[202]
Sentencing
[edit]As a result of the verdicts, both the McMichaels and Bryan faced mandatory sentences of life imprisonment.[9][32][203] The prosecution did not seek the death penalty in this case.[32]
On January 7, 2022, the McMichaels were sentenced to life imprisonment with no parole and an additional 20 years, while Bryan was sentenced to life imprisonment with the possibility of parole after 30 years.[204]
In sentencing the defendants, Judge Walmsley said "remorse is something that's felt and demonstrated", noting that "after Ahmaud Arbery fell, the McMichaels turned their backs" and "walked away".[205][206] Walmsley further said that Gregory McMichael "very early on in this tried to establish a narrative", when (1) at the crime scene Gregory told Travis that he had "no choice" but to shoot, and (2) at the crime scene Gregory described Arbery as "an asshole".[207] Walmsley indicated that Travis appeared to be more concerned about his own well-being while Arbery lay dead at the crime scene, with Travis stating: "This is the worst day of my life." In contrast, immediately after the shooting, Bryan "demonstrated that he had grave concerns that what had occurred should not have occurred", and also "did cooperate with law enforcement", said Walmsley.[208][209]
Federal trial
[edit]The federal trial was held at the Frank M. Scarlett Federal Building in Brunswick, Georgia.
Pre-trial events
[edit]In April 2021, all three men were indicted by a federal grand jury with one count each of interference with rights, and with one count each of attempted kidnapping. Travis McMichael and Gregory McMichael were also indicted with separate counts of using firearms during a crime of violence.[210][7] The "interference with rights" charge is a hate crime, specifically claiming "that the defendants used force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race".[7] The range of sentencing included the death penalty, life in prison, another prison sentence length, and a fine.[211][212] All three men initially pleaded not guilty.[213]
The Justice Department filed a notice of plea agreement on January 31, 2022. The deal, signed by federal prosecutors and defense attorneys for Travis and Greg McMichael, specified 30 year sentences to be served in federal prison, in exchange for guilty pleas.[214] Travis McMichael's agreement stated that he had not set out on the day of the murder to harm anyone for racist reasons, but that he had "made assumptions" about Arbery due to his race and that race played a part in his decision to chase Arbery with a gun. He also acknowledged that in digital messages he had associated black skin with "criminality" and supported vigilantism against black criminals. Greg McMichaels was prepared to plead guilty in a subsequent session.
But Arbery's family took the unusual step of opposing the agreement in open court, begging the judge to reject the deal so that the McMichaels would serve their sentences in the Georgia state prison system, which was considered more dangerous and where both the interracial nature of the crime and Greg McMichael's history in law enforcement would make them likely targets of other prisoners.[215][216] Caught by surprise, Assistant Attorney General for Civil Rights Kristen Clarke released a statement saying that the plea deal had been signed only after Arbery family attorneys "informed me that the family was not opposed to it." Assistant US Attorney Tara Lyons also asserted that Arbery's family had been repeatedly consulted about the agreement and were unopposed. But District Judge Lisa Godbey Wood sided with the family, acknowledging their emotional testimony as she took the rare step of rejecting the signed plea agreement, stating that she did not have enough information at that time to know whether the 30-year sentence it specified was fair.[217][216]
On February 3, Greg McMichael's lawyers indicated that he would plead not guilty; on February 4, Travis McMichael withdrew his guilty plea.[218] Legal experts expressed concern that public reporting on the plea agreement could prejudice the jury and make it more difficult for the McMichaels to get a fair trial.[215][216]
Evidence and testimony
[edit]In the federal trial, the prosecution called 20 witnesses while the defense called one witness.[219] GBI agent Richard Dial testified that Arbery ran "just about every day", and that Arbery did not take anything or damage anything from the under-construction home.[220] Glynn County policeman Robert Rash testified that days before the shooting he had told the McMichaels that there was no evidence that Arbery stole anything from the under-construction home.[221]
FBI analyst Amy Vaughan testified about messages and social media posts made by Travis McMichael and William "Roddie" Bryan, which showed that Travis often described Black people as "savages" and "monkeys", linked them to criminality, and additionally stated that they "ruin everything". In January 2019, Travis wrote that a restaurant patronized by Blacks should "change the name from Cracker Barrel to Nigger Bucket"; two months later, Travis wrote that he loved his job because: "Zero niggers work with me." On social media, Travis shared a video of a young Black boy dancing, where the audio had been edited to that of a racist song entitled "Alabama Nigger" by country singer Johnny Rebel; Travis also reacted to a video of a Black man pranking a white man by declaring that he would "kill that fucking nigger", and then responded to a story about black people assaulting white women by stating that he "would beat those monkeys to death" if that was done to his family members.[222] In other social media posts, McMichael responded to a video of Black Lives Matter protesters by wishing that he had a rifle to shoot the "goddamn monkeys", and separately called for a vehicle to drive into a group of Black people.[223]
According to Vaughan's testimony, William "Roddie" Bryan stated on 2019's MLK Day that he was "working so all the niggers can take off", further describing the MLK Day's parade as the "monkey day parade". Bryan also stated that a Black man that his daughter was dating would "fit right in with the monkeys", and that this relationship "is the only thing I said I would never accept".[222][224] Vaughan testified that the FBI could not access Gregory McMichael's phone because it was encrypted, but a social media post on Gregory's account four months before the shooting was found stating: "A gun in the hand is worth more than the entire police force on the phone."[222]
During Vaughan's testimony, prosecutors showed a social media post made by Travis McMichael within two months of the shooting, where he posted a video of himself in front of a "No Trespassing" sign, while stating that he would be hunting on private property.[225] Multiple videos of Travis trespassing while hunting were shown.[224] Separately, GBI agent Jason Seacrist testified that a Confederate flag sticker was found pasted on Travis McMichael's truck, while a vanity plate with a Confederate emblem was visible on police body camera footage from the day of the shooting had been removed from Travis' truck by the time investigators accessed the truck months later.[221]
A white woman who was a former subordinate of Travis McMichael testified that Travis repeatedly called her a "nigger lover" for dating a Black man.[226] A woman who met Gregory McMichael in 2015 while he was working as a prosecutor's investigator testified that Gregory reacted to the death of Georgia's civil rights activist Julian Bond by wishing that Bond had died earlier, and that Gregory then said: "All those Blacks are nothing but trouble and I wish they'd all die."[219] A neighbor of the McMichaels said that Gregory had discussed a Black tenant of his, whom Gregory described as a "walrus". Gregory said that after he shut down the property's air-conditioning to induce the tenant to pay rent, remarking: "You should have seen how fast her big fat Black ass came with the rent check".[227]
The defense played a recording of Gregory McMichael telling police in July 2019 that he and Travis had confronted a homeless man staying under a bridge near Satilla Shores, due to their suspicion of him committing theft. The race of the homeless man was not mentioned. The defense's sole witness was a resident of Satilla Shores who said she had never met the McMichaels or Bryan. She testified that sometime in 2019, she saw an apparently Caucasian man under the same bridge, who seemed to be camping there, but she did not know if she saw the same person as the McMichaels.[219][228]
Verdict
[edit]On February 22, 2022, the McMichaels and Bryan were found guilty of all counts in the federal trial.[37] A jury of eight white people, three Black people and one Hispanic person reached a verdict in just over three hours.[229]
- All three men were found guilty of using force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race.[5]
- All three men were found guilty of attempted kidnapping.[5]
- Travis McMichael was found guilty of using, carrying, brandishing, and firing a gun during a crime of violence.[230]
- Greg McMichael was found guilty of using, carrying, and brandishing a gun during a crime of violence.[230]
Appeals
[edit]On March 8, 2022, attorneys for Travis and Greg McMichael appealed the verdict, citing that federal hate crimes laws apply only to public places, and that the crime occurred in a private street. Attorneys for Greg McMichael also appealed the conviction on targeting Arbery because he was black, citing his career as a law enforcement agent, spanning several decades, where McMichael's attorney said, there was no evidence of racist behavior.[231]
On March 3, 2023, all three men appealed their convictions. Attorneys for William Bryan and Gregory McMichael asked for the federal conviction to be overturned on the basis that their past racist remarks about African Americans do not prove that they killed Arbery due to his race and that they both thought that Arbery was a criminal. On the same day, attorneys for Travis McMichael also filed an appeal to overturn the conviction on similar grounds of his March 2022 initial appeal.[232][233]
Sentencing
[edit]On August 8, 2022, Travis and Gregory McMichael were sentenced to second life terms for committing a federal hate crime.[234] Travis received an additional 10 years and his father Gregory seven years in addition to their life sentences.[8] Bryan was sentenced to 35 years in prison.[235]
Aftermath
[edit]Indictment of former DA Jackie Johnson
[edit]In May 2020, Georgia Attorney General Chris Carr said that his office would review how the investigation into Arbery's murder "was handled from the outset".[99] At Carr's request, the GBI investigated whether District Attorney Jackie Johnson or District Attorney George Barnhill's actions in connection with the appointment of a conflict prosecutor to investigate the murder of Arbery constituted a crime.[97] In November 2020, Jackie Johnson lost her bid for re-election as Brunswick District Attorney.[236]
On September 2, 2021, Carr announced that a Glynn County grand jury had indicted ex-District Attorney Jackie Johnson on one felony count of violating the oath of a public officer "by showing favor and affection to Greg McMichael during the investigation" (Gregory was formerly her subordinate), and for being unfair to Arbery by having "recommended Barnhill to the Attorney General's Office for appointment as the case prosecutor without disclosing that she had previously sought Barnhill's assistance on the case". The grand jury also indicted Johnson on one misdemeanor count of obstruction and hindering law enforcement, in this case the Glynn County police, "by directing that Travis McMichael should not be placed under arrest."[44][45] On September 8, Johnson turned herself in for arrest, and then was released from detention without needing to pay her $10,000 bond.[236][237]
In response to a motion from Johnson to dismiss the charges against her, in May 2022 prosecutors submitted a response showing that Johnson engaged in 16 phone calls with defendant Greg McMichael in the period starting on the day of the shooting and extending until May 5, 2020. One of the calls lasted over 21 minutes.[238]
Johnson's trial is currently scheduled to begin on January 21, 2025.[239]
Federal review of case
[edit]Georgia Attorney General Carr called for a federal investigation into how local investigators and authorities handled the case, including "investigation of the communications and discussions by and between the Office of the District Attorney of the Brunswick Judicial Circuit and the Office of the District Attorney of the Waycross Judicial Circuit related to this case."[240]
The next day, the U.S. Department of Justice responded that the Justice Department's Civil Rights Division, the FBI, and the U.S. Attorney for the Southern District of Georgia "have been supporting and will continue fully to support and participate in the state investigation. We are assessing all of the evidence to determine whether federal hate crimes charges are appropriate."[241][242] In April 2021, all three men were indicted for federal crimes – one count each of interference with rights (a hate crime), one count each of attempted kidnapping, and one count for each McMichael of using a firearm during a crime of violence.[7]
Reporting on prior allegations of misconduct by local authorities
[edit]The involvement of the GCPD as the primary investigator in a case involving its former officer Gregory McMichael was controversial.[43] Following Arbery's murder, media investigated the history of the GCPD.[243][244] The New York Times noted that in preceding years, the department had "been accused of covering up allegations of misconduct, tampering with a crime scene, interfering in an investigation of a police shooting and retaliating against fellow officers who cooperated with outside investigators."[243]
Days after Arbery was fatally shot, the chief of police – who had been brought in to clean up a police force described by the county manager in 2019 as poorly trained and characterized by a "culture of cronyism" – was indicted on charges arising from an alleged cover-up of a sexual relationship between an officer and an informant.[243] In response to a grand jury report issued in November 2019, which had condemned the GCPD over "alleged officer misconduct and poor coordination with the local sheriff's office", State Senator William Ligon of Brunswick in early 2020 introduced legislation to allow voters to abolish the Glynn County Police Department. Although the legislation initially stalled in the General Assembly, when the legislature returned following the COVID-19 recess the House passed the legislation 152–3.[245][246] The Senate then passed the legislation as Senate Bill 509, which Governor Kemp signed. The legislation allowed a November 3, 2020, binding referendum such that the police department would be abolished if a majority of Glynn County voters agreed.[247] Nevertheless, the referendum was ruled unconstitutional by a superior court judge on September 11, 2020, so it did not appear on the November 3 ballot.[248][249]
Arbery's murder also prompted re-examinations of the way prosecutions of shootings were handled by the Brunswick Judicial Circuit District Attorney's Office. In 2010, two police officers fatally shot an unarmed white woman through her car windshield. Four former prosecutors, who had worked under Brunswick Judicial Circuit District Attorney Jackie Johnson, alleged that Johnson shielded the officers from criminal prosecution. A 2015 investigation by WSB-TV revealed that Johnson had agreed to withhold a draft murder indictment from the grand jury and had "allowed the officers' department to present a factually inaccurate animation they created showing the car escaping through a gap and running over the officers."[244]
Hate crimes law enacted
[edit]In late June 2020, Georgia enacted new bipartisan hate crimes legislation (House Bill 426). Previous versions of the legislation had passed the state House but failed to pass the state Senate. Arbery's murder was a catalyst for passage of the bill; at the time Georgia was one of just four states without any hate-crimes legislation, as Georgia Supreme Court struck down a previous hate crimes law in 2004.[250] The law requires a higher sentence for defendants convicted of targeting a victim due to "actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability."[46]
Citizen's arrest law repealed and replaced
[edit]On February 16, 2021, exactly a week before the first anniversary of Arbery's murder, Georgia Governor Brian Kemp announced he would introduce legislation that would significantly amend the state's citizen's arrest law. Georgia's citizen's arrest law had been textually very broad in scope, dating back to the Civil War era. The legal defense argued by the defendants accused of murdering Arbery was that they were only attempting to perform a lawful citizen's arrest. Kemp criticized the law for being outdated and vague. According to Kemp, the changes would close numerous loopholes under the existing law while still protecting the rights of law-abiding citizens.[251] On March 4, 2021, the proposed changes were passed out of legislative committee in the Georgia House of Representatives by a unanimous vote. The bill, House Bill 479, received widespread and bipartisan support.[252] The bill to repeal the citizen's arrest law passed the legislature and was signed by Governor Kemp on May 10, 2021.[253]
In repealing the citizen's arrest law, it was replaced with new legislation that allowed for certain private persons such as licensed private detectives, security guards, shopkeepers, and restaurant employees to conduct arrest under specific circumstances.[47][254]
Ahmaud Arbery Day
[edit]On February 2, 2022, the Georgia General Assembly designated February 23 as Ahmaud Arbery Day within the state henceforth. The Georgia General Assembly further encouraged people to run 2.23 miles on this day every year to advocate for racial justice and equity.[255]
Honorary Ahmaud Arbery Street
[edit]On August 9, 2022, officials of the city of Brunswick designated that all intersections along a 2.7-mile stretch of Albany Street bear a sign in his memory.[256]
Initial reactions
[edit]Involved parties and their families
[edit]Arbery's mother Wanda Cooper-Jones said her son was jogging when he was murdered and called for arrests to be made.[257] The Arbery family retained Benjamin Crump, S. Lee Merritt, and Chris Stewart as attorneys.[85] Meritt described the McMichaels as "vigilantes" and "a posse" who "performed a modern lynching in the middle of the day."[258] Arbery's family attorney charged that videos of earlier police encounters show a pattern of unfair treatment of Arbery based on his skin color.[259]
On May 1, Gregory McMichael told The Daily Beast he "never would have gone after someone for their color". He also said he had no direct evidence Arbery had stolen anything in the neighborhood. However, McMichael argued Arbery was on property "without permission".[17]
A lawyer for William Bryan Jr., the man who recorded the shooting using cell phone video,[124] said his client had done nothing wrong, had fully cooperated in the investigation, and "is not now, and never has been, a 'vigilante'."[99] The attorney also described Bryan as "a mechanic with a high-school education"[260] who was simply a witness to the shooting.[60][261]
Attorneys for Arbery's family called for Bryan's arrest. They said that because Bryan had participated in chasing Arbery and had "corralled" him, Bryan participated in the murder.[262]
Current and former elected officials
[edit]After the video went public, Georgia Attorney General Chris Carr said, "I expect justice to be carried out as swiftly as possible." Governor Brian Kemp said on May 7 that "Georgians deserve answers" about the incident.[113][263] Two Glynn County Commissioners, Peter Murphy and Allen Booker, called for a federal probe.[99] After viewing the video, Georgia U.S. Representative Doug Collins and U.S. Senator Kelly Loeffler said it was "disturbing" and called for a full investigation and answers.[264]
Speaking to reporters, President Donald Trump commented, "My heart goes out to the parents and to the loved ones of the young gentleman. It's a very sad thing."[265] Then-presumptive 2020 Democratic presidential nominee Joe Biden, said that "the video is clear: Ahmaud Arbery was killed in cold blood." Biden offered condolences and called for "a swift, full, and transparent investigation into his murder."[263] Biden also described the shooting as a lynching.[266]
Civil rights groups, commentators, and the public
[edit]After the video was released, demonstrators gathered outside the Glynn County Courthouse to demand an arrest in the case, and called for the resignation of District Attorney Jackie Johnson. The local Brunswick NAACP chapter also called for the resignation of the Glynn County police chief.[269] The Southern Poverty Law Center called for a federal investigation into the incident, citing their belief Arbery's murder was racially motivated.[270][271]
Political commentator and former attorney David A. French wrote that, under Georgia's stand-your-ground law, because the McMichaels initiated the confrontation,
It's a crime under Georgia law to point a gun (loaded or unloaded) without legal justification. When Arbery was confronted by armed men who moved directly to block him from leaving, demanding to "talk" then Arbery was entitled to defend himself. Georgia's 'stand your ground law' arguably benefits Arbery, not those who were attempting to falsely imprison him at gunpoint.[272]
On May 8, 2020, which would have been Arbery's 26th birthday, thousands of supporters of Arbery's family took part in a run of 2.23 miles (3.59 km), the date of his murder; they documented it to social media with the hashtag #IRunWithMaud.[273]
Many clergy and celebrities have voiced support for review of the case, and concern about the violence.[40] Russell D. Moore, head of the Southern Baptist Convention's Ethics and Religious Liberty Commission, said, "under any Christian vision of justice, there is no situation in which the mob murder of a person can be morally right, nor grounds for a person to be chased down and shot by private citizens."[40] LeBron James expressed outrage on Twitter, and offered "prayers and blessings".[274] Some posted tributes to Arbery, including Lecrae, David A. French, Scott Sauls, Christine Caine, Jack Graham, J. D. Greear, Viola Davis, Wanda Sykes, Padma Lakshmi, Gabrielle Union, and Andy Lassner.[40][275]
On social media, far-right and neo-Nazi groups spread falsehoods about Arbery; their white-nationalist supporters attacked President Trump for his sympathetic comments regarding Arbery. According to an analyst from the Middle East Media Research Institute, such groups claimed Arbery was wielding a hammer and wearing Timberland boots when he was shot dead; Arbery was wearing running shoes and did not have a hammer. They also spread racist remarks about Arbery, and claimed that the McMichaels and Bryan were victims. Several far-right groups said the McMichaels' and Bryan's arrests reflected a bias against whites.[276] Some far-right members appropriated "jogger" as a euphemism for "nigger" to both mock the circumstance surrounding his death, and as a way to circumvent anti-hate speech policies.[277]
Reactions to the verdict
[edit]Civil rights leaders and politicians reacted overwhelmingly to the verdict with hopeful yet cautionary statements, and Arbery's family thanked those who showed support.[278][279]
Civil rights leaders
[edit]Arbery family lawyer and civil rights attorney Benjamin Crump said, "Today certainly indicates progress, but we are nowhere close to the finish line. Keep marching. Keep fighting for what is right. And never stop running for Ahmaud."[278] Crump added, "While today is not one for celebration, it is one for reflection."[279] Derrick Johnson, President and CEO of the NAACP, called the verdict "long overdue."[279]
Family
[edit]Arbery's mother Wanda Cooper-Jones has said, "It's been a long fight, it's been a hard fight...Thank you to those who marched, the ones who prayed, thank you."[278] Arbery's father Marcus Arbery commented, "We conquered that lynch mob."[278]
Current and former elected officials
[edit]Georgia Governor Brian Kemp condemned the actions of the murderers, saying Arbery "was the victim of a vigilantism that has no place in Georgia."[280] Kemp and Georgia Attorney General Chris Carr each called for community, state, and national "healing and reconciliation."[280] Activist and former Minority Leader of the Georgia House of Representatives Stacey Abrams said, "A jury believed the evidence of their eyes and saw the meanness in the killers' hearts. May this verdict bring a small measure of peace."[280] U.S. Senator Raphael Warnock from Georgia said the verdict "upholds a sense of accountability, but not true justice."[279][280] Warnock's colleague Georgia Senator Jon Ossoff said, "A historic civil rights mobilization was necessary for the killers to face prosecution at all...[demonstrating] profoundly the urgency of reforms to make equal justice real in America."[279] President Joe Biden said Arbery's murder was "a devastating reminder of how far we have to go in the fight for racial justice in this country."[279][278] Vice President Kamala Harris said, "We honor (Arbery) best by continuing the fight for justice."[279] Congressional Black Caucus chair Joyce Beatty said, "This story – although devastating – is not new; we've seen this play out repeatedly...Justice has been served. However, there is still much work to be done."[280]
See also
[edit]Notes
[edit]- ^ Plus 10-year suspended sentence.
- ^ After being convicted of murder during a State trial on November 24, 2021, the defendants were also convicted of interference with rights (a hate crime) at a federal trial on February 22, 2022.
- ^ A felony murder, under Georgia law, is a killing committed during the commission of a felony; an intent to kill is not a required element of felony murder.[118]
References
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'Mr. Bryan said that after the shooting took place before police arrival, while Mr. Arbery was on the ground, that he heard Travis McMichael make the statement: fucking nigger,' Dial said in testimony.
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But it appears from the video footage that by the time the clearly unarmed Arbery is tussling with Travis McMichael, who is holding the long gun, a shot has already been fired.
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The cellphone video, initially posted by a Brunswick radio station, shows a black man running at a jogging pace on the left side of a road.
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Travis McMichael steps out of the driver's side of the truck with a shotgun as Arbery approaches. Arbery tries to run around the passenger side of the truck. Travis McMichael approaches Arbery at the front of the truck.
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Arbery is seen running toward the truck's right side and he then veers in and out of the camera's frame. A gunshot rings out. Arbery is then seen entering into a struggle with one man, who appears to hold a long gun ... the footage appearing to show Arbery only began grappling with a man after the first shot.
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We're literally hunted EVERYDAY/EVERYTIME we step foot outside the comfort of our homes! Can't even go for a damn jog man! Like WTF man are you kidding me?!?!?!?!?!? No man for real ARE YOU KIDDING ME!!!!! I'm sorry Ahmaud(Rest In Paradise) and my prayers and blessings sent to the heavens above to your family!
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External links
[edit]- Alcindor, Yamiche; Choe, Jaywon (May 6, 2020). "Video appearing to show killing of black jogger Ahmaud Arbery sparks outrage". PBS NewsHour. Archived from the original on May 7, 2020. Retrieved May 8, 2020. – includes anonymous video of incident
- "Letter by George E. Barnhill (District Attorney) to Captain Tom Jump (Glynn County Police Department)" (PDF). Office of the District Attorney, Waycross Judicial District – via The New York Times.
- 2020 controversies in the United States
- 2020 in Georgia (U.S. state)
- 2020 murders in the United States
- 2020 United States racial unrest
- African-American history of Georgia (U.S. state)
- Brunswick, Georgia
- Black Lives Matter
- Deaths by firearm in Georgia (U.S. state)
- Deaths by person in Georgia (U.S. state)
- February 2020 crimes in the United States
- Glynn County, Georgia
- Filmed deaths in the United States
- Lynching deaths in Georgia (U.S. state)
- Murder in Georgia (U.S. state)
- First presidency of Donald Trump
- Racially motivated violence against African Americans