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== State and federal review of the case ==
== State and federal review of the case ==
On May 10, [[Attorney General of Georgia|Georgia Attorney General]] [[Christopher M. Carr|Chris Carr]] said that his office would review how the investigation into Arbery's death "was handled from the outset";<ref name=WootsonMay10 /> at Carr's request, the GBI is investigating whether Johnson and Barnhill, the first two district attorneys who handled the matter (before recusing themselves) committed misconduct by "possibly misrepresenting or failing to disclose information during the process of appointing a conflict prosecutor to investigate" the death of Arbery.<ref name=HolcombeMay12/> Carr also called for a federal investigation into how local investigators and authorities initially handed 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}}</ref> The Justice Department said that it was "considering" this request.<ref name=Knowles/> The next day on May 11, 2020, 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 |website=[[Reuters]] |date=May 11, 2020}}</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 |website=[[CNN]] |date=May 11, 2020}}</ref>
On May 10, [[Attorney General of Georgia|Georgia Attorney General]] [[Christopher M. Carr|Chris Carr]] said that his office would review how the investigation into Arbery's death "was handled from the outset".<ref name=WootsonMay10 /> At Carr's request, the GBI is investigating whether Johnson and Barnhill, the first two district attorneys who handled the matter (before recusing themselves), committed misconduct by "possibly misrepresenting or failing to disclose information during the process of appointing a conflict prosecutor to investigate" the death of Arbery.<ref name=HolcombeMay12/> Carr also called for a federal investigation into how local investigators and authorities initially handed 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}}</ref> The Justice Department said that it was "considering" this request.<ref name=Knowles/> The next day on May 11, 2020, 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 |website=[[Reuters]] |date=May 11, 2020}}</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 |website=[[CNN]] |date=May 11, 2020}}</ref>


== Aftermath and responses ==
== Aftermath and responses ==

Revision as of 23:20, 15 May 2020

"Gregory McMichael" redirects here. For the athlete, see Greg McMichael.

Shooting of Ahmaud Arbery
File:Ahmaud Arbery shooting video.png
Travis McMichael (left) and Ahmaud Arbery (right) struggle during a confrontation.
LocationUnincorporated Glynn County, Georgia, U.S.
Coordinates31°07′25″N 81°33′23″W / 31.1236°N 81.5563°W / 31.1236; -81.5563
DateFebruary 23, 2020; 4 years ago (2020-02-23)
VictimAhmaud Arbery
AccusedGregory McMichael and Travis McMichael
ChargesFelony murder and aggravated assault

On the afternoon of February 23, 2020, Ahmaud Marquez Arbery, an unarmed 25-year-old African-American man, was fatally shot after being pursued and confronted by Travis McMichael and his father Gregory McMichael, who were armed and driving a pickup truck.[1] The incident took place in Satilla Shores, a community near Brunswick in Glynn County, Georgia,[2] and was recorded in a 36-second video by William "Roddie" Bryan, a neighbor of the McMichaels, who was following Arbery in another vehicle.[3][4]

The Glynn County Police Department (GCPD) said the Brunswick District Attorney's Office advised them on February 23 to make no arrests,[5] while the Brunswick District Attorney's Office denied that the Brunswick District Attorney and her Assistant District Attorneys had communicated with the GCPD advising them to do so.[6] On February 24, 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.[7][8] Barnhill officially took over the case on February 27.[8] 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.[8][9][10] Barnhill requested recusal on April 7.[8] Atlantic Judicial Circuit District Attorney Tom Durden was appointed to the case on April 13.[11]

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.[12] The video went viral,[13] having also been posted on YouTube and Twitter.[14][15] 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.[14][16] On May 7, 2020, the GBI arrested the McMichaels and charged them with felony murder and aggravated assault.[17]

The fact that the McMichaels were not arrested until 74 days later, after the video went viral, sparked debates on racial profiling in America.[18][5] Numerous religious leaders, politicians, athletes, and other celebrities condemned the incident.[19] The Glynn County Police Department and Brunswick District Attorney's Office were nationally criticized for their handling of the case and the delayed arrests; Georgia Attorney General Christopher M. Carr formally requested the intervention of the Federal Bureau of Investigation in the case on May 10, which was formally granted the following day.[20][21][22]

Backgrounds

Ahmaud Arbery

Ahmaud Marquez Arbery
Born(1994-05-08)May 8, 1994
DiedFebruary 23, 2020(2020-02-23) (aged 25)
Unincorporated Glynn County, Georgia
Cause of deathGunshot wound
EducationBrunswick High School
Known forDeath by homicide

Ahmaud Marquez Arbery was a 25 years old African-American.[23] He had attended Brunswick High School, graduating in 2012. He was a linebacker on the school's football team and played in the Georgia/Florida all-star game in his senior year.[24] Arbery studied in the electrical systems program at South Georgia Technical College during the fall 2012 and spring 2013 semesters,[25] and his mother said he was pursuing a career as an electrician.[26] According to friends and family he frequently jogged for exercise in the neighborhoods surrounding his home, including Satilla Shores.[23]

Gregory McMichael

Gregory McMichael, aged 64, previously worked as a Glynn County Police Department officer from 1982 to 1989,[27][23] and as an investigator for the Brunswick Judicial Circuit District Attorney's Office from 1995 until his retirement in May 2019.[27][1][28][29] Gregory McMichael had his law enforcement certification suspended after failing to complete required training, including mandated use-of-force and firearms training.[30]

Travis McMichael

Travis McMichael, aged 34 at the time, is Gregory McMichael's son.[31]

Glynn County Police Department

The Glynn County Police Department has a troubled history that was revisited following Arbery's killing.[32][1] 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."[1] 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 that an officer had with an informant.[1] The involvement of the Glynn County Police Department as the primary investigator in a case involving its former officer Gregory McMichael was controversial.[22]

In response to a grand jury report issued in November 2019 (which condemned the Glynn County Police Department over "alleged officer misconduct and poor coordination with the local sheriff's office"), State Senator William Ligon of Brunswick in early 2020 introduced legislation that would give Georgia voters the choice on whether to abolish county police departments.[33] However, the legislation failed to pass the General Assembly.[33]

District Attorney's Office for the Brunswick Judicial Circuit

Due to District Attorney Jackie Johnson having previously worked with Gregory McMichael when he was an investigator in her office, she recused herself from further involvement in the Arbery case.[34] Arbery's death prompted re-examinations of the way prosecutions of shootings were handled by the District Attorney's Office for the Brunswick Judicial Circuit.[32] In 2010, two police officers fatally shot an unarmed woman, Caroline Small, through her car windshield.[32] 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 Small's car escaping through a gap and running over the officers."[32] A subsequent federal civil rights lawsuit was dismissed in favor of the officers.[35]

Shooting

A 36-second video of the incident 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.[3][36][37] 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.[36][37] Gregory McMichael is on the truck bed, while Travis McMichael initially stands beside the driver's door with a shotgun.[38][39][37][40] Bryan's vehicle comes to a stop behind Arbery and the pickup truck.[38][39]

As Arbery approaches the pickup truck, shouting can be heard.[38] 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.[39][37][41] Meanwhile, Travis McMichael, holding his shotgun, approaches Arbery at the truck's front.[40][42] The camera's view of the confrontation between Arbery and Travis is then momentarily blocked.[43]

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.[36][41][44] Some media accounts first report a struggle, and then mention the gunshot(s).[39][45] Other media accounts describe that it was "not possible" to see from the video what was happening when the first gunshot was fired,[46] or report that the truck "blocks the view of how the men first engage each other" with regard to when the gunshot is heard.[47]

Travis and Arbery grapple over the shotgun in view of the camera.[48][41] While struggling, both men disappear off camera view on the left side of the camera frame, after which the audio of a second gunshot is heard.[39][37] When they come back into camera view, Arbery appears to throw punches and tries to grab the shotgun.[49][39] 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.[50][38][37] Arbery recoils back, stumbles, and collapses in the middle of the road face-down while Travis walks away.[36][39][40] Gregory McMichael, who has taken out a handgun but not fired, then runs towards the other two men.[39][38]

The official autopsy determined that Arbery was shot three times with the shotgun. 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.[51] There were no signs of alcohol or drugs in Arbery's body.[51]

Investigation by local and state authorities

Police report

The initial GCPD police report of the incident, released to the media on March 31, 2020,[24] relied almost entirely on an interview with Gregory McMichael conducted by the responding officer.[52]

The report describes Gregory McMichael as a witness,[53] who said he initially was in the yard of his house when he saw Arbery running by.[24] He said he recognized Arbery from prior incidents, including one where Gregory said he saw Arbery reach into his pants as if for a weapon.[53]

Gregory McMichael called to his son Travis and said "the guy is running down the street; let's go".[53] Gregory brought a .357 Magnum revolver, while Travis brought a shotgun as they pursued him in their pickup truck.[23][24][53] Travis attempted to cut off Arbery with the truck. Arbery then turned and began "running back in the direction from which he came".[24] The report states a third person, William "Roddie" Bryan, also tried to cut off Arbery, but failed.[13][3]

Gregory McMichael said they called to Arbery: "Stop, stop, we want to talk to you", and that they pulled up to Arbery, with Travis exiting the truck with the shotgun. Gregory McMichael claimed Arbery "began to violently attack Travis" before two shots were fired.[23][24] Arbery died at the scene after "bleeding out", the report concluded.[24]

According to the initial police report, the McMichaels told police that they pursued Arbery because he resembled a suspect in a string of local burglaries. There were three break-ins or thefts reported in Satilla Shores in the months prior to the incident. On December 8, a Satilla Shores neighbor reported rifles stolen from their unlocked car. Police records next reported a theft on December 28. On January 1, Travis McMichael filed a report of a firearm stolen from his truck.[54][29] On February 11, Travis McMichael again called police to report a 6-foot-tall black man trespassing on the site of a house under construction. Police responded and searched along with several neighbors, but the man escaped.[55][56]

Security camera videos

In the four months prior to Arbery's death, there were three calls to the Glynn County Police Department reporting a trespasser on the site of a house under construction.[55] It is unclear who the trespasser may have been.[57] Five security camera footages showed a young man in a home under construction, sometimes in the middle of the night, but there was no evidence of theft.[58]

A security camera video released on May 9, taken from across the street, shows a man identified by Arbery's family as Arbery, minutes before the killing. The man walks into a house under construction, then around five minutes later, he leaves, running down the street.[59][60][61] After showing the man running from the house, the video shows a white pickup following the man, and two police cars eventually driving by.[59] Another security camera video released on May 9, shows a black man within the house under construction. [62]

Waycross District Attorney George Barnhill (who later recused himself from the case) said that a video shows Arbery "burglarizing a home immediately preceding the chase and confrontation."[52] 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."[60] 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."[6]

Prior reports and emergency calls

During the months preceding Arbery's death residents of Satilla Shores reported thefts, trespassing and activities they deemed suspicious to police and posted on the Satilla Shores Facebook page and Nextdoor account.[63][64]

There were two calls to 9-1-1 made minutes before Arbery's death, with no reported crimes. In the first call to 9-1-1, 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".[65]

In the second call to 9-1-1, 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.[65]

Before the release of video recordings

Glynn County Police Department and Brunswick D.A. Jackie Johnson

The Glynn County Police Department responded to the scene in the immediate aftermath of the shooting. The case initially came under the jurisdiction of Brunswick District Attorney Jackie Johnson.[6][66] On March 8, two Glynn County commissioners, citing discussions with Glynn County police, accused Johnson, or her office, of preventing the McMichaels' immediate arrest.[66] 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."[66] 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."[66]

Johnson's office responded by stating that Johnson did not "have any conversation with any Glynn County police 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".[6] Johnson's office also blamed the Glynn County Police Department 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.[67] It is, however, common for police to consult with the district attorney's office in the aftermath of homicides or other complex cases.[6]

The Glynn County Police Department released a statement on May 9 regarding their initial investigatory activities. The local police 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."[6] The local police also said that on February 24, Waycross Judicial Circuit District Attorney George Barnhill told them that the killing of Arbery "was justifiable homicide."[6][68][69]

Waycross Judicial Circuit D.A. George Barnhill

Waycross Judicial Circuit District Attorney George Barnhill gave Glynn County police "an initial opinion the day after the shooting" (February 24), said a memorandum written by Barnhill to Glynn County police on April 2.[7][8] In the April 2 memorandum, Barnhill wrote: "The autopsy supports the initial opinion we gave you on Feb. 24th, 2020, 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."[21] 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.[8][70]

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.[8][70]

On April 1, Arbery's autopsy report was given to Barnhill.[71] On April 2, Barnhill wrote a memorandum to Glynn County police, recommending that no arrests be made.[8][9] Barnhill wrote that the McMichaels were within their rights to chase "a burglary suspect, with solid firsthand probable cause".[23][71] that "Arbery initiated the fight"; that Travis McMichael "was allowed to use deadly force to protect himself" when "Arbery grabbed the shotgun".[72][71] 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).[73] 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."[23][74] 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.[10]

On April 7, Barnhill wrote to Georgia's Attorney General, Chris Carr, stating that Arbery's "family are not strangers to the local criminal justice system", pointing to Arbery's brother and cousin's tangles with the law.[28] Barnhill also told Carr that there was "video of Arbery burglarizing a home immediately preceding the chase and confrontation".[23]

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,[8][70] 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 the Brunswick Circuit District Attorney's Office, by both Barnhill's son and one of the defendants (this is a reference to Gregory McMichael, who was an investigator with the Brunswick D.A.'s Ofice).[8][70][28] 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".[8][70]

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.[11]

Video of the shooting

A video of the shooting was uploaded on May 5 on the website of a local radio station, WGIG, which received it from an anonymous source, but it was at some point deleted.[12] The video was then uploaded to YouTube that day.[14] The Arbery family's attorney posted a 28-second segment of the video on Twitter;[15] the original length of the video was 36 seconds.[4] The video of the shooting went viral.[13] Glynn County police requested the Georgia Bureau of Investigation look into how the video was publicized.[14] The Guardian published an edited version of the video on May 6.[75]

On May 7, Alan David Tucker, a local criminal defense attorney, came forward to say that he had released the cell phone video,[76][77] which had been recorded by William "Roddie" Bryan.[3] WGIG confirmed that Tucker had provided the video to the radio station.[78] Tucker had informally consulted with the suspects in the case,[78] but said he had not been retained to represent anyone involved.[78][76] Tucker said that he released the video to provide "absolute transparency" due to "erroneous accusations and assumptions"[76] and that "my purpose was not to exonerate them or convict them."[78]

On May 15, 2020, Laura Hogue, a criminal defense attorney retained by Greg McMichael, stated that “There is more than one video of the incident”, that “The video (the one uploaded on May 5) may not be the only video that becomes important in this case”. Her husband and law partner, Franklin Hogue, stated that new information would be disclosed at the future (as yet unscheduled) preliminary hearing on the case.[79]

Investigation and arrest of the McMichaels

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 state's COVID-19 pandemic, no grand juries in Georgia are convening through June 12).[31][75] Within hours of the video becoming public, Durden also accepted Georgia Governor Brian Kemp's offer to bring in the Georgia Bureau of Investigation (GBI) to investigate.[14][16]

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 murder and aggravated assault.[80][81][82] The McMichaels were booked into the Glynn County Jail.[80] At an appearance before a magistrate the following day, the McMichaels were both denied bond, though they may appeal the decision in a superior court.[83] 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."[84]

Durden requested that the case be reassigned to another prosecutor with a larger staff, given the "size and magnitude" of the investigation.[85] Pursuant to Durden's request, the Georgia Attorney General's office reassigned the case on May 11, 2020 to the Cobb County District Attorney's Office, led by Joyette M. Holmes,[51][85][86] the fourth D.A. to take on the case.[86] Holmes is African American.[86] 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 300 miles (480 km) away,[85] was welcomed by Arbery's family.[51][85][86]

State and federal review of the case

On May 10, Georgia Attorney General Chris Carr said that his office would review how the investigation into Arbery's death "was handled from the outset".[6] At Carr's request, the GBI is investigating whether Johnson and Barnhill, the first two district attorneys who handled the matter (before recusing themselves), committed misconduct by "possibly misrepresenting or failing to disclose information during the process of appointing a conflict prosecutor to investigate" the death of Arbery.[51] Carr also called for a federal investigation into how local investigators and authorities initially handed 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."[87] The Justice Department said that it was "considering" this request.[87] The next day on May 11, 2020, the U.S. Department of Justice responded that the 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 federal hate crimes charges are appropriate."[88][89]

Aftermath and responses

Involved parties and their families

Arbery's mother said her son was jogging when he was killed and called for arrests to be made.[90] The Arbery family retained Benjamin Crump, S. Lee Merritt, and Chris Stewart as attorneys.[60] Meritt described the McMichaels as "vigilantes" and "a posse" who "performed a modern lynching in the middle of the day."[91]

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".[9]

A lawyer for William "Roddie" Bryan, the person who recorded the shooting using cell phone video, said his client had done nothing wrong, had fully cooperated in the investigation, and "is not now, and never has been, a 'vigilante'."[6] Bryan's attorney said that Bryan and his family had received threats.[3]

Current and former elected officials

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 stated on May 7 that "Georgians deserve answers" about the incident.[75][92] Two Glynn County Commissioners, Peter Murphy and Allen Booker, called for a federal probe.[6] Georgia U.S. Representative Doug Collins and U.S. Senator Kelly Loeffler, issued statements after viewing the video stating the video was "disturbing", and called for a full investigation and answers.[93]

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."[94] Presumptive 2020 Democratic presidential nominee Joe Biden, commented: "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."[92] Biden also described the shooting as a lynching.[95]

Civil rights groups, commentators, and the public

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.[96] Civil rights organizations such as the Southern Poverty Law Center have called for a Federal investigation into the incident, citing their belief Arbery's death was racially motivated.[97][98] Attorney and journalist David A. French wrote that under Georgia's Stand-your-ground law, because the McMichaels initiated the confrontation by pointing their guns at Arbery and blocking him from leaving, Arbery would be entitled to defend himself.[99]

On May 8, on what 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) in honor of the date of his death and documented it to social media with the hashtag #IRunWithMaud.[100]

Many clergy and celebrities have voiced support for review of the case, and concern about the violence.[19] 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."[19] 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.[101] Others posted tributes to Arbery, such as Lecrae, David A. French, Scott Sauls, Christine Caine, Jack Graham, J.D. Greear, Viola Davis, Wanda Sykes, Padma Lakshmi, Gabrielle Union, and Andy Lassner.[19][102]

References

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  2. ^ Ellis, Nicquel Terry (May 8, 2020). "What we know about Satilla Shores, the community where Ahmaud Arbery was killed". USA Today. Archived from the original on May 9, 2020. Retrieved May 9, 2020.
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  4. ^ a b Vera, Amir; Savidge, Martin; Barajas, Angela; Andone, Dakin (May 12, 2020). "Man who recorded the Ahmaud Arbery shooting has been receiving threats, attorney says". CNN. Retrieved May 14, 2020.
  5. ^ a b Ellis, Nicquel Terry (May 7, 2020). "Why it took more than 2 months for murder charges and arrests in the death of Ahmaud Arbery". USA Today. Retrieved May 13, 2020. 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.
  6. ^ a b c d e f g h i j Wootson, Cleve Jr.; Itkowitz, Colby (May 10, 2020). "New video said to show moments leading up to Georgia jogger Ahmaud Arbery's death". The Washington Post. Archived from the original on May 10, 2020. Retrieved May 10, 2020.
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  47. ^ Miller, Ryan (May 13, 2020). "Ahmaud Arbery video: Legal experts explain how key frames may be used in murder trial". USA Today. Retrieved May 13, 2020. 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.
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