Man who took video of the shooting death of Ahmaud Arbery, arrested on felony murder charge

[Wizard78]

Just Info That Doesn't seem to have been reported:

OFFICE OF THE DISTRICT ATTORNEY
WAYCROSS JUDICIAL CIRCUIT

George E. Barnhill District Attorney
306 Albany Avenue Waycross ,Georgia 31501
(912) 287-4395 FAX (912) 287-4399

Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick , GA 31525

Email: tjump@ glynncounty-ga.gov

Ref : Glynn County, The Shooting death of Ahmaud Arbery ,
Feb 23rd, 2020

Dear Captain Jump :

My office received the Arbery autopsy report [dated 4/1/2020 yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.

However, since we were initially requested to handle the case the victims mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired sometime ago. She believes there are kinships between the parties [there are not and has made other unfounded allegations of bias [es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further evaluation for prosecution this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.

Given the Governor’ s current shelter in place order and Justice Meltons Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this case file. I hope for all involved it will move along as quickly as possible.

After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of Arrest”. Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.

First,
I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.

Second,
As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 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.

Third,
It appears Travis McMichael,Greg McMichael, and Bryan William were following, in pursuit burglary suspect, with solid first hand probable cause, in their neighborhood,and asking/tellinghim to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal.

OCGA 17-4-60 “A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

Fourth,
It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry.

OCGA 16- 11 - 126
“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his home, motor vehicle, or place of business without a valid weapons carry license.
(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his person a long gun without a valid weapons carry license, provided that if the longgun is loaded, it shall only be carried in an open and fully exposed manner.”

Fifth,
The video made by William Bryan clearly shows the shooting in realtime. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arberys right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became — a fight over the shotgun . Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible. Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others OCGA 16-3-23.1 Georgia’ s No Duty to Retreat Law ,an individual is not required to back away from or submit to an attack; OCGA 16 -3-24 The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony. OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution

For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.

As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorneys review. Please consider this an OPEN file until that decision is made and restrict the release of any information under Georgia Open Records Act requests.

Sincerely
George E. Barnhill
District Attorney
Waycross Judicial Circuit

[OSD]

I went back and re-read the files from the beginning. I was wrong about them all being in the same truck. The man who took the video was the shooters neighbor who was driving his truck also pursing the jogger. He is the one who first caught up to the jogger and used his truck to try and block the path of the jogger until the shooters caught up in their truck. The jogger went around his truck as did the shooters in their truck. That's when he started filming. So, he was a participant in the whole crime in the beginning by pursuing and trying block his path with his truck. Thus the charge.

[wjbarricklow]

I don't see where Barnhill's opinion, or its basis from the videos we have seen.

[Firemedic2000]

Just Info That Doesn't seem to have been reported:

OFFICE OF THE DISTRICT ATTORNEY
WAYCROSS JUDICIAL CIRCUIT

George E. Barnhill District Attorney
306 Albany Avenue Waycross ,Georgia 31501
(912) 287-4395 FAX (912) 287-4399

Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick , GA 31525

Email: tjump@ glynncounty-ga.gov

Ref : Glynn County, The Shooting death of Ahmaud Arbery ,
Feb 23rd, 2020

Dear Captain Jump :

My office received the Arbery autopsy report [dated 4/1/2020 yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.

However, since we were initially requested to handle the case the victims mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired sometime ago. She believes there are kinships between the parties [there are not and has made other unfounded allegations of bias [es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further evaluation for prosecution this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.

Given the Governor’ s current shelter in place order and Justice Meltons Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this case file. I hope for all involved it will move along as quickly as possible.

After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of Arrest”. Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.

First,
I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.

Second,
As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 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.

Third,
It appears Travis McMichael,Greg McMichael, and Bryan William were following, in pursuit burglary suspect, with solid first hand probable cause, in their neighborhood,and asking/tellinghim to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal.

OCGA 17-4-60 “A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

Fourth,
It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry.

OCGA 16- 11 - 126
“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his home, motor vehicle, or place of business without a valid weapons carry license.
(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his person a long gun without a valid weapons carry license, provided that if the longgun is loaded, it shall only be carried in an open and fully exposed manner.”

Fifth,
The video made by William Bryan clearly shows the shooting in realtime. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arberys right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became — a fight over the shotgun . Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible. Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others OCGA 16-3-23.1 Georgia’ s No Duty to Retreat Law ,an individual is not required to back away from or submit to an attack; OCGA 16 -3-24 The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony. OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution

For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.

As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorneys review. Please consider this an OPEN file until that decision is made and restrict the release of any information under Georgia Open Records Act requests.

Sincerely
George E. Barnhill
District Attorney
Waycross Judicial Circuit

I watched that same video. Over and over. That prosecutors idea of justifiable murder by a retired cop and a plain Jane ordinary citizen would read two totally different ways.

If that was a justified shooting I'll kiss your ass. Further they witnessed nothing first hand nor had first hand knowledge he committed any crime. It's still not been proven that's him in one video. Further what damn crime did he commit that justified having two people chase him down and kill him..

That bullshit statement by that prosecutor below. What the hell would he expect anybody to do if two men you did not know, again were to stalk YOU. Then jump out with damn guns pointed at you. Fall on the ground and cry. Hello no I'm going to fight like hell. If it were me I'd shot the hell out of them.

Those two men as describe by that law as it reads and by the evidence shown to us had absolutely no right to do what they did. Further more to shoot an unarmed person in the back running away. Come on, we can do that here unless it's a violent crime like rape or murder.

We can't even shoot a robber in the back running away. Because at that point our life is no longer in danger. If we shot them in the back running away WE maybe could be charged.

These men were not charge because one was an excop PERIOD and cops protect their own no matter what. Unless what they did get's in the NEWS.

Fifth,
The video made by William Bryan clearly shows the shooting in realtime. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arberys right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became — a fight over the shotgun . Given the fact Arbery initiated the fight[, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible. Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

Then this one line here really pisses me off. L.E. and prosecutor's ALWAYS use this bullshit line to try and JUSTIFY everything.

Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

Here's another line that just is absolute crap. Who initiated what given the fact these two men. One a retired cop and his son. Both armed out their ass. Stalked and then chased down and drew weapons on this man. The prosecutor out and out lies and says Arbery started fight. Nooo the two murders started fight by pulling guns on a man they had no absolute proof that he did anything.

Given the fact Arbery initiated the fight[

Also with a straight face. Someone explain to me how this law applies to this case that prosecutor quoted. Please don't try to feed me bullshit in doing so either. Based upon videos and evidence. How does this apply. Because how did these two murders prevent anything when were not there. Florida has this very same law. How many people have we ever heard of being chased down and murdered simply for looking at a house under construction. This defense that he looked like the man in another video.

How man here have had someone say to them or they even said to someone else. You look like an guy I use to know, or someone say that to you. Yet they're trying to use that as justification to to murder someone.

That and a previous record to say, Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man. No he attacked an ARMED man out of fear of his life. Just like we'd do in the same situation. Well maybe those of us with balls and wanted to live.

OCGA 16 -3-24 The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

I know one thing I'm done with the idiocy of just a few and probably retired cops at that defending a Blanton murder by a retire cop and his son. Then the local L.E. agency and pprosecutor's attempt to hide and cover-up this murder.

Now out of fear everyone originally involved in the case is stepping back from it. I hope they go after them also. The corruption of LAW ENFORCEMENT AGENCIES and out judicial system must be cleaned up and LAW ENFORCEMENT OFFICERS must be held accountable on an individual basis. For their action.

Next will be the guy that was killed because of the knee on his neck by an officer. After repeatedly telling officer he could not breath. Yeah yeah LAW ENFORCEMENT AGENCIES gave some bullshit reason for his death. Yet they did just fire the 4 officers involved. I wonder if it were not caught on video if anything this far would have been done.

I'm finished with this post. Because defenders of corrupt cops are like the DEMOCRATIC SOCIALIST EXTREMISTS PARTY nothing you say will change their mind.

[n0rlf]

I think you all need a new hobby. Go do some shooting!

None of us were there and are speculating on what we have heard and seen. We have seen this Everytime that the "facts" seem to change and be reported according to people's personal bias.

Give it time to work through the system. Take a pill and relax. Getting your blood pressure up and calling names or judging groups of people is just plain silly.

Smile and turn off the damn tv and internet. You will find life much more enjoyable.

[photohause]

[Wizard78]

I'm not defending OR condemning the two but I read a bunch of the stories and watched a bunch of videos. Take a look at this one and notice it is speeded up (so take note of seconds and minutes) which shows Arbery "WALKING" down the street, entering house under construction, coming out and walking to rear, then after neighbor comes out and calls police, about3 to 5 minutes later, Aubery "RUNS" out the front door and down the street. Read the commentary and article also showing conversation with 911. Gave me a whole new perspective of what he was doing and I DON'T think he was out for a jog. JMHO

https://www.ajc.com/news/crime--law/gbi ... r80R7CTnL/

[Wizard78]

I am NOT and have NEVER been in law enforcement or ANY agency except the military.

[tector]

I'm not defending OR condemning the two but I read a bunch of the stories and watched a bunch of videos. Take a look at this one and notice it is speeded up (so take note of seconds and minutes) which shows Arbery "WALKING" down the street, entering house under construction, coming out and walking to rear, then after neighbor comes out and calls police, about3 to 5 minutes later, Aubery "RUNS" out the front door and down the street. Read the commentary and article also showing conversation with 911. Gave me a whole new perspective of what he was doing and I DON'T think he was out for a jog. JMHO

https://www.ajc.com/news/crime--law/gbi ... r80R7CTnL/

Again, so TF what?

Call the cops. Period.

People need to lose their masturbatory fantasies of wanting an opportunity to use a gun. It's just not worth it. A gun should be the last resort for saving your life or the life of another non-criminal. If you crave more action, enlist.

[n0rlf]

I'm not defending OR condemning the two but I read a bunch of the stories and watched a bunch of videos. Take a look at this one and notice it is speeded up (so take note of seconds and minutes) which shows Arbery "WALKING" down the street, entering house under construction, coming out and walking to rear, then after neighbor comes out and calls police, about3 to 5 minutes later, Aubery "RUNS" out the front door and down the street. Read the commentary and article also showing conversation with 911. Gave me a whole new perspective of what he was doing and I DON'T think he was out for a jog. JMHO

https://www.ajc.com/news/crime--law/gbi ... r80R7CTnL/

Again, so TF what?

Call the cops. Period.

People need to lose their masturbatory fantasies of wanting an opportunity to use a gun. It's just not worth it. A gun should be the last resort for saving your life or the life of another non-criminal. If you crave more action, enlist.

Sure call the cops, they may show up next week. I can understand the frustration but not the actions. My opinion, guy was there casing for loot. Got found out and ran. But that is just pure speculation, and does not matter. He did not deserve to die for it. However murder charges are not appropriate either. Charge with manslaughter or something and get the max. Everytime they try to get murder the idiots get off. Hmmmm try something else maybe next time.

Then change the stupid laws.