Ahmaud Arbery
Hi Friends!
Welcome to Issue 41 of this newsletter! This week I’m covering the Ahmaud Arbery case and the trials of his murderers, Gregory McMichael, his son Travis McMichael and William "Roddie" Bryan Jr. Right. Currently, we are at day 5 of the trial so I will continue to share more in my weekly newsletters as the case develops. At first, the killing of Ahmaud Arbery in February 2020 went largely unnoticed outside the South Georgia community where the 25-year-old lived and died. It wasn't until a video of the shooting surfaced on May 5, 2020, that the Black man's death drew nationwide attention. Three white men have all pleaded not guilty to Arbery’s murder. I was shocked while researching this case that four prosecutors have already been appointed to this case and recused themselves because they either are connected to or agree with the murderers. I was shocked that Judge Timothy Walmsley said the court "found that there appears to be intentional discrimination" on the part of the defense after they chose only one single Black juror and twelve white ones—yet still has allowed the case to go forward. How can Black Americans ever have justice when white supremacy continues to infiltrate and dominate our systems of supposed law and order? Let’s get into it.
Let’s Get Into It
The Timeline
February 23, 2020: Ahmaud Arbery is fatally shot
Ahmaud was out for a jog in mostly white Satilla Shores neighborhood near Brunswick.
Gregory McMichael and his son Travis McMichael pursed Arbery in a truck, both armed with guns.
Gregory McMichael is former police officer and investigator in the local District Attorney's Office.
Gregory McMichael told police he and his son had pursued Arbery because they suspected he was responsible for a string of recent purported burglaries in the neighborhood. There had only been one burglary, reported more than seven weeks prior to the shooting.
A third man, William "Roddie" Bryan, also joined the pursuit and recorded the shooting on his cellphone.
During the struggle, Arbery is shot three times, twice in the chest, after which he slumps to the ground.
It took 74 days after Arbery’s death for the men to be arrested and charged.
February 27, 2020: AG's office learns Brunswick Judicial Circuit district attorney recusing herself
Brunswick Judicial Circuit District Attorney Jackie Johnson recused herself from the case, citing Gregory McMichael's position as a former investigator in her office.
April 7, 2020: Second prosecutor recuses himself, lays out a defense of the McMichaels
The case was then taken over by District Attorney of the Waycross Judicial Circuit, George Barnhill.
Barnhill’s son worked in Johnson's office and had previously worked with Gregory McMichael on a previous prosecution of Arbery.
He only asked to relinquish the case in early April at the request of Arbery's mother, though he knew about the personal conflict sooner.
Barnhill said he believed the McMichaels' actions were "perfectly legal."
Finally, Atlantic Judicial Circuit District Attorney Tom Durden is appointed to the case.
May 5, 2020: Video of the shooting surfaces
May 7, 2020: The McMichaels are arrested
May 11, 2020: A fourth prosecutor takes over
AG Carr announced a fourth prosecutor, Cobb County District Attorney Joyette Holmes, would lead the case after Durden had asked to step down due to a lack of sufficient resources.
May 21, 2020: Bryan is arrested
June 4, 2020: Travis McMichael used racial slur after shooting Arbery, GBI agent testifies
Bryan tells investigators he heard Travis McMichael use the n-word after shooting Arbery dead.
GBI Assistant Special Agent in Charge Richard Dial said there were "numerous times" Travis McMichael used racial slurs on social media and in messaging services.
Bryan also had several messages on his phone that included "racial" terms, Dial said.
June 24, 2020: All three suspects indicted on murder charges
Glynn County Grand Jury indicted Gregory and Travis McMichael and Roddie Bryan on malice and felony murder charges.
McMichaels face several other charges, including aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.
Bryan also faces a charge of criminal attempt to commit false imprisonment.
July 17, 2020: Suspects plead not guilty
November 13, 2020: Bond denied for the McMichaels
April 28, 2021: Suspects are indicted on federal hate crime charges
Federal prosecutors announced a grand jury had indicted the McMichaels and Bryan on hate crime and kidnapping charges.
Each were charged with one count of interference with rights and one count of attempted kidnapping.
Gregory and Travis McMichael were also charged with using a firearm in relation to a crime of violence.
May 11, 2021: Suspects plead not guilty in federal court
October 18, 2021: Jury selection begins
November 3, 2021: A jury is seated
It took 2 1/2 weeks for the jury selection process to be completed.
A panel of 12 people -- 11 white jurors and one Black juror -- was seated on Wednesday, November 3.
Prosecutors for the state accused defense attorneys of disproportionately striking qualified Black jurors and basing some of their strikes on race.
Judge Timothy Walmsley said the court "found that there appears to be intentional discrimination" on the part of the defense — yet still has allowed the case to go forward.
What’s a Citizen’s Arrest?
Defense attorneys will likely argue that the men’s actions were protected by Georgia’s citizen’s arrest law, which at the time allowed a person to detain someone whom they believe just committed a crime.
The attorneys may claim the men acted in self-defense while attempting to carry out a legitimate citizen’s arrest of Arbery, whom they suspected of burglary.
Georgia’s outdated and dangerous citizen’s arrest law — one that was created in an era of slavery and emboldened citizens to act on their worst biases — has since been repealed.
Georgia’s citizen’s arrest statute had its origins in the Civil War era. Passed in 1863, when slavery was still considered legal by Southerners despite the Emancipation Proclamation, the law stated that a private person could “arrest an offender if the offense is committed in his presence or within his immediate knowledge.”
Also factoring into the Arbery trial are Georgia’s open carry law (which makes it legal to openly carry firearms in the state with the proper permits) and “stand your ground” law (which allows for the use of deadly force if a person reasonably believes it is necessary to prevent death or severe bodily injury).
I am absolutely heartbroken for Ahmaud Arbery and his family. His parents who had to sit in a courtroom with their son’s murders and watch footage of their child’s death—lynched in the street, called a nigger by an ex-police officer in broad daylight in America. As always, I am devastated, disappointed, exhausted, but never defeated, in my fight for racial justice.
