Judge rules Ahmaud Arbery murder case will go to trial after prosecutor described how Georgia man 'shouted 'f***ing n-word' after he shot him dead and how two other men rammed him with their pickups when he tried to escape
The man who shot dead Ahmaud Arbery shouted a racial slur as the unarmed black jogger lay dying in a Georgia street, an investigator for the prosecution said during a probably cause hearing Thursday.
Greg McMichael, 64, and his son Travis McMichael, 34, appeared before Glynn County Magistrate Judge Wallace E. Harrell via video link from the Glynn County Jail today, having been arrested on felony murder and aggravated assault charges on May 7.
Arbery was shot and killed by Travis McMichael on February 23, after he and Greg McMichael armed themselves and chased the 25-year-old black man when they saw him running in their neighborhood, near Brunswick.
Their neighbor, 50-year-old William 'Roddie' Bryan was also charged with felony murder after allegedly using a vehicle to try to confine and detain Arbery as he tried to escape.
After the seven hour hearing, Judge Harrell ruled that all three defendants would stand trial on all charges.
During dramatic testimony, Special Agent Richard Dial of the Georgia Bureau of Investigation revealed that Travis McMichael allegedly said 'f****** n*****' at Arbery after the fatal shooting took place.
Dial also revealed that Bryan reportedly struck Arbery with his vehicle in the moments prior. Investigators found a swipe from a palm print on the rear door of Bryan's truck, cotton fibers near the truck bed and a dent below the fibers that were attributed 'to contact with Mr. Arbery,' Dial said.
Greg McMichael, 64, and his son Travis McMichael, 34, appeared before Glynn County Magistrate Judge Wallace E. Harrell via video link on Thursday morning
Ahmaud Arbery was killed February 23 after a white father and son armed themselves and gave chase when they spotted the 25-year-old black man running in their neighborhood just outside the port city of Brunswick
Arbery's mother, Wanda Cooper Jones, also attended the hearing. She left the courtroom during a recess in proceedings to bystanders cheering 'We love you, Wanda'
The family's attorney, Lee Merritt (right), said Cooper-Jones the family were aware of Travis allegedly using a racial epithet after shooting Arbery, however, 'It was still very difficult to hear in the context of this prolonged chase - this hunt - that after he successfully murdered Ahmaud Arbery he stood over his body and proclaimed a racial epithet like that'
The investigator also revealed that Travis McMichael, a former US Coast Guard trainee, had reportedly used the N-word numerous times in social media posts and in messages on his cell phone in the months leading up to Arbery's death.
In one such message, investigators say Travis once exclaimed he loved his job because he was 'on a boat and there were not any n****** anywhere.'
In a response to an Instagram post about using violence against black people, Travis McMichael is said to have typed 'Blow that n*****'s head off'.
Dial said after a seperate search of Bryan's phone, he was also found to have made various racist comments in messages and in posts on social media. Dial called some of the racist statements 'disturbing', and said he has 'never before come across' some of the terms used by Bryan.
'Ahmaud Arbery (pictured in 2012) was chased, hunted down and ultimately executed at the hands of these men,' prosecutor Jesse Evans told the judge. 'He was on a run on a public road in a public subdivision. He was defenseless and unarmed.'
'There's evidence of Mr. Bryan's racist attitude in his communications, and from that I extrapolate the reason why he made assumptions he did that day,' Dial said. 'He saw a man running down the road with a truck following him, and I believe he made certain assumptions that were, at least in part, based upon his racial bias.'
Thursday's probable cause hearing was scheduled by Judge Harrell to determine whether authorities had enough evidence of murder in Arbery's killing to send the case to a trial court. Judge Harrell later bound the case over to Superior Court, ruling there was enough evidence to progress.
'Ahmaud Arbery was chased, hunted down and ultimately executed at the hands of these men,' prosecutor Jesse Evans told the judge. 'He was on a run on a public road in a public subdivision. He was defenseless and unarmed.'
The McMichaels weren't charged with felony murder and aggravated assault until May 7, nearly three months after Arbery's death. Their arrests came two days after cellphone video of the shooting leaked online and stirred a national outcry.
A large group of Arbery supporters gathered outside the courtroom to peacefully protest while the hearing was in session, calling for 'Justice for Ahmaud'. A white elderly male wearing a 'Legends of the Confederacy' t-shirt was seen confronting demonstrators.
Similar peaceful protests following the deaths of George Floyd in Minneapolis, Breonna Taylor in Louisville, Kentucky, and Arbery have led to outbreaks of violence in many larger cities, including Atlanta, over the last week.
Georgia Gov. Brian Kemp promised a 'strong state law enforcement presence' in the Brunswick area to coincide with the court hearing, which was seen in action on Thursday.
Arbery's mother, Wanda Cooper Jones, also attended the hearing, as did his father, Marcus Arbery. Cooper-Jones left the courtroom during a recess in proceedings because some of the details mentioned were upsetting her, the family's attorney, Lee Merritt, said.
According to Merritt, Cooper-Jones and her family were aware of Travis allegedly using a racial epithet after shooting Arbery, however, 'It was still very difficult to hear in the context of this prolonged chase - this hunt - that after he successfully murdered Ahmaud Arbery he stood over his body and proclaimed a racial epithet like that.'
Cooper-Jones also called the release of new details in court 'very, very heartbreaking.'
'He was afraid,' Cooper-Jones said of her slain son. 'Life had placed him in a position where I couldn't protect him, and he wasn't able to protect himself.'
Merritt said Cooper-Jones was also 'exhausted by the character assassination of her son' at the hands of the defense, and could bear to listen no longer.
Bystanders cheered 'We love you, Wanda,' as Cooper-Jones was escorted away from the courthouse.
During dramatic testimony, Special Agent Richard Dial of the Georgia Bureau of Investigation revealed that Bryan heard Travis McMichael say 'f****** n*****' after fatally shooting Arbery three times in the street.
It wasn't until May 7 that the McMichaels were charged with felony murder and aggravated assault. The McMichaels' arrests came two days after cellphone video of the shooting leaked online and stirred a national outcry
Ahmaud Arbery's father, Marcus Aubrey, center, walks away from the Glynn County Courthouse, Thursday
Cooper-Jones also called the release of new details in court 'very, very heartbreaking.' 'He was afraid,' Cooper-Jones said of her slain son. 'Life had placed him in a position where I couldn't protect him, and he wasn't able to protect himself'
A man wearing a 'Legends of the Confederacy' shirt with a Confederate flag on the back walks past Arbery supporters outside the courthouse
Demonstrations are expected throughout Brunswick Thursday
A large group of Arbery supporters have gathered outside the courtroom to peacefully protest while the hearing is underway, calling for 'Justice for Ahmaud'
People participate in a rally on the day of a court hearing for the three white men accused in the shooting death of unarmed black jogger Ahmaud Arbery
Demonstrators gather at the Glynn County courthouse after a court appearance by Gregory and Travis McMichael
Demonstrators chant for the resignation of Glynn County District Attorney Jackie Johnson after a court appearance by Gregory and Travis McMichael
Demonstrators march on the streets after a court appearance by Gregory and Travis McMichael
Greg McMichael, a former investigator in the Glenn County Judicial Circuit, told police after the shooting in February that he suspected Arbery of committing break-ins in the neighborhood. Surveillance footage later showed Arbery inside a construction site moments before he was shot dead.
During his testimony, Special Agent Dial took said that authorities have found no evidence Arbery ever took anything from the construction site. Arbery had reportedly been spotted at the site before, though the circumstances of his visit remain unclear.
Dial acknowledged rumors that the home, which has no interior walls or doors, has running water for which Arbery may have known and stopped by to rehydrate on his run. Dial said at least two other people have also been spotted inside the home, prior to Arbery's death.
He added that Greg McMichaels told police that 'he didn’t know if Mr. Arbery had stolen anything or not, but he had a gut feeling' that Arbery was responsible for prior break-ins in the neighborhood and believed he matched the description of a burglary suspect seen on a surveillance video posted online by his neighborhood association.
The detective gave detailed testimony about the McMichaels' efforts to literally chase down Arbery. Dial said that neither of the defendants called 911 before arming themselves - Gregory with a .357 Magnum revolver; Travis with a pump-action shotgun - and jumping into their truck to confront Arbery.
'They decided he was someplace he wasn’t supposed to be and they were trying to catch him,' Dial told the court.
Bryan, meanwhile, was said to be stood outside of his residence with a video camera when the McMichaels first stopped Arbery near the home. The 50-year-old called out 'Do you got him?' then got into his truck with the intention of assisting with the McMichael's pursuit of Arbery. He did not call 911 either, Dial said.
After noticing he was being pursued by the men, Dial says Arbery attempted to run in a different direction to evade the McMichaels.
Travis got out of the truck to confront him, while Bryan pulled out of his driveway in an attempt to block Arbery in.
Arbery then ran around Bryan's truck, with Bryan maneuvering his vehicle several times to obstruct the 25-year-old's path.
'[Bryan's] statement was that Mr. Arbery kept jumping out of the way and moving around the bumper and actually ran down into a ditch in an attempt to avoid his truck,' Dial said.
Arbery attempted to run out from the Satilla Shores neighborhood where the defendants live, but the McMichaels forced him to turn back and run past Bryan, the agent said.
That is when Bryan struck Arbery with his vehicle, Dial said, and Arbery kept running with the McMichaels in pursuit.
Greg McMichael, 64, and his son Travis McMichael, 34, remain jailed in Glynn County on murder charges in relation to Arbery's death (seen left). The neighbor who filmed the video, 50-year-old William 'Roddie' Bryan (right) who was also arrested and charged with felony murder and illegally using a vehicle to try to confine and detain Arbery. He claims he heard Travis use a racial slur after shooting Arbery
Ahmaud Arbery inside the under-construction home on February 23, the day he was killed. He walked into the house then left empty handed and was later shot dead by Travis McMichael who had chased him with his father, Gregory, a former cop
In the sickening footage of Arbery's death, a shot can be heard and Arbery is seen scuffling with Travis as Arbery appears to try to get the gun away from Travis. Two more shots can be heard and are fired at point-blank range before
In a still from the video filmed by William 'Roddy' Bryan, Ahmaud Arbery stumbles and falls to the ground after being shot as Travis McMichael stands by holding a shotgun in a neighborhood outside Brunswick, Georgia, on February 23
Exclusive photos show the moment Gregory McMichael (pictured) and his son Travis McMichael were arrested at their home in Brunswick, Georgia, on May 7
An officer with the Georgia Bureau of Investigation is seen leading 34-year-old Travis McMichael out of the home in handcuffs
Largely peaceful protests following the deaths of George Floyd in Minneapolis, Breonna Taylor in Louisville, Kentucky, and Arbery have led to outbreaks of violence in many larger cities, including Atlanta. Georgia Gov
Brian Kemp promised a 'strong state law enforcement presence' in the Brunswick area to coincide with the court hearing, which was seen in action on Thursday morning
Arbery soon found himself trapped between the McMichaels' and Bryan's trucks. It was at this stage that Bryan picked up his cellphone and started recording Arbery.
In the footage, Travis McMichael is seen holding a pump-action shotgun. He would later tell investigators he was concerned Arbery was armed because he 'kept grabbing his pants [and] his pockets'.
Arbery attempts to run from Travis when a gunshot is heard. The pair then become involved in a struggle with Arbery striking Travis.
Travis told investigators that Arbery 'squared up to him', and said he could tell he was 'going to fight', Dial claimed.
Two more shots are heard ringing out before Arbery collapses to the ground. The 25-year-old suffered gunshot wounds to the center of his chest, the upper left area of his chest and to his right wrist.
Gregory McMichael told investigators he only heard two shots. He said he was on the phone with 911 dispatchers at the time, and claims to have told his son not to shoot Arbery.
Three spent shotgun shells were recovered at the scene. Travis McMichael later admitted to firing his shotgun three times, striking Arbery on each occasion.
In the moments after shooting Arbery, and before law enforcement arrived on scene, Bryan claims her heard Travis McMichael say 'f****** n*****' towards Arbery as he lay dying on the floor.
When quizzed by the defense whether the McMichael's could've been acting in self defense, Dial said that Arbery only struck Travis McMichael after the first shot was fired. He also said he did not spot any visible injuries on Travis.
Dial was asked if Travis McMichael told police that Arbery had attempted to grab his gun prior to the first gunshot, to which he replied: 'No. He was very inconsistent about what occurred during that time frame.'
When Gregory McMichael was interviewed by police at the scene, he said he would have shot Arbery himself if he had managed to wrestle the gun away from Travis.
'Greg said Travis had no choice but to shoot him,' Dial said. 'There’s a statement that [Arbery] might have had his hand on his shirt. Travis McMichael said his adrenaline was pumping and it all happened very quickly.'
Dial also addressed a claim made by Bryan that he observed Arbery attempting to apparently climb into the McMichaels’ truck at one point during the pursuit.
'I would say he's trying to get away', Dial responded to the defense. 'I don’t think it was self-defense by Mr. McMichael. I think it was self-defense by Mr. Arbery.
'He ran until he could not anymore... When he felt like he could not escape, he chose to fight.'
In total, the fatal encounter lasted just over seven minutes, the courtroom heard.
Stand Up or Die Later: The crowd outside the courthouse has continued to grow, with hundreds gathered outside
Hundreds of demonstrations held in the name of Black Lives Matter have been held in all 50 US states over the past week
A group of protesters listen to a live feed outside the Glynn County Courthouse while the preliminary hearing is being held inside
I like sports, please don't kill me: A young boy is seen holding up a placard referencing the death of Ahmaud Arbery
Stop Lying: Brian Garner Sr. (L) and his son Armani Garner, 5, participate in a rally outside the court house
The family of Ahmaud Arbery have long said he had been out jogging on the day of his death. Dial said Arbery had previously run through the Satilla Shores neighborhood on at least one other occasion.
The former high school football player ran to stay in shape and lived less than two miles from the subdivision where he was killed. His mother said he planned to start technical college in the fall to become an electrician.
During the hearing, the McMichaels' attorneys attempted to raise the issue of Arbery's 'mental history', which the prosecution objected to.
On instructions of the judge, Dial confirmed that Arbery had previously been diagnosed with a unspecified mental illness that caused hallucinations. At the time of his death, Dial said Arbery was no longer being treated for that illness.
Outside the courtroom, Attorney Lee Merritt said that Arbery's mother believed the defense team were trying to 'assassinate' her son's memory with information that has no relevance in the case.
'Mr. Arbery’s mental health, his kindergarten records, has high school basketball records, his football stats had nothing to do with this trial and was inappropriate in this case,' Merritt said on behalf of Cooper-Jones.
On Twitter, Merritt continued: 'Defense attorneys are now attempting to malign the character of #AhmaudArbery by pursuing testimony about a mental health concern Ahmaud previously received treatment for.
'It is a common tactic of white supremacy to criminalize illness and trauma in the black community,' he added.
Defense attorneys for both McMichaels have cautioned against rushing to judgment about what happened in the shooting.
'Travis has been vilified before his voice could even be heard,' the lawyers said in a statement. 'The truth in this case will exonerate Travis.'
When Gregory McMichael was interviewed by police at the scene, he said he would have shot Arbery himself if he had managed to wrestle the gun away from Travis
Outside the courtroom, Attorney Lee Merritt said that Arbery's mother believed the defense team were taking unnecessary shots at her son's memory that have no relevance in the case of his death
The details of Arbery's final moments of life have come amid a week of nationwide protests, with all 50 US states holding demonstrations in the name of Black Lives Matter in response to the death of George Floyd in Minnesota
In the demonstrations demanding the officers responsible be criminal prosecuted, activists have also demanded justice for Arbery
Cobb County District Attorney Joyette Holmes speaks outside the courthouse after Thursday's hearing
An attorney for Bryan has said he was merely a witness to Arbery's death. Dial testified that they was no evidence Bryan was armed during the incident. He added that Bryan has fully co-operated with the investigation and has supplied authorities with security camera footage.
The investigator said Bryan was charged with murder because he contributed to the death of Arbery by pursuing him, and repeatedly blocking his path to prevent him from escaping.
Meanwhile, Jesse Evans, a special prosecutor in the case, told the judge the evidence will show Arbery 'was chased, hunted down and ultimately executed.'
Georgia law defines felony murder as a killing caused by the commission of an underlying felony. It does not require intent to kill. The minimum penalty is life in prison with a chance of parole.
The defense attorneys for all three suspects asked Judge Harrell that the charges be dismissed. Jason Sheffield, an attorney representing Travis McMichael, said his client acted in self-defense.
Prosecutor Evans rebutted those pleas, insisting there is no evidence that any of the defendants saw any crime take place - or justify them even having 'a hunch' that one had - that would authorize them 'gunning down this innocent unarmed victim in the street'.
Evans also disputed a claim of Bryan's attorney, who said 'any other patriotic American would've done the same thing' to try and stop Arbery.
'Any American would pick up the phone and call 911,' Evans insisted.
Judge Harrell confirmed that all three of the cases would be bound over to Superior Court, before concluding the hearing.
All of the defendants remain jailed in Glynn County. A different judge will have to decide whether to allow them to go free on bond.
Outside the courthouse, demonstrators were heard chanting 'No Bond'. Chants of 'George Floyd' and 'No justice, no peace' also echoed out at the hearing's conclusion.
The details of Arbery's final moments of life have come amid a week of nationwide protests, with all 50 US states holding demonstrations in the name of Black Lives Matter in response to the death of George Floyd in Minnesota.
The footage of Arbery's death came just three weeks before officer Derek Chauvin was seen kneeling on the neck of Floyd, 46, for eight minutes and 46 seconds after he allegedly tried to use a counterfeit $20 bill.
Chauvin repeatedly ignored Floyd's cries of 'I can't breathe'. He eventually lost consciousness and was pronounced dead moments later in an ambulance.
In the demonstrations demanding the officers responsible be criminally prosecuted, activists have also demanded justice for Arbery.
Judge rules Ahmaud Arbery murder case will go to trial after prosecutor described how Georgia man 'shouted 'f***ing n-word' after he shot him dead and how two other men rammed him with their pickups when he tried to escape
![Judge rules Ahmaud Arbery murder case will go to trial after prosecutor described how Georgia man 'shouted 'f***ing n-word' after he shot him dead and how two other men rammed him with their pickups when he tried to escape]()
Reviewed by Your Destination
on
June 05, 2020
Rating:
No comments