GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4

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for Wed. Nov. 10th:

Brian G. Buckmire
@BuckEsq
·
2h
Judge Walmsley expect to give a ruling to start the day

The trial of the death of #AhmaudArbery. The trial is starting this morning like this, with the defense and prosecution pointing the finger as to who “opened” the door about whether or not crime was high in the area/ways #Arbery a suspect. If the defense wins this argument.

Spider.jpg

They would be able to argue with character evidence of #Ahmaud… Judge Walmsley expect to give a ruling to start the day

Judge Walmsley has said the prosecution did NOT open the door and thus character evidence of #AhmaudArbery will not come in


link: https://twitter.com/BuckEsq
 
new witness, criminal investigator with Glenn County PD, duties investigating crimes beyond what a patrol officer would do. He has assisted on homicide cases, possibly 1-5 in the past but no shooting homicides.

How many citizens arrest cases had you worked prior to feb 23? none. He reported to the scene he was driving an unmarked PD car. Car was not equipped with dashcam. bodycam not activated.

arrived on scene, saw decedent in roadway with caution tape around him, spoke to Officer Roberts, who gave him the thumbdrive w video
 
Mr. Lowery interviewed Mr. Bryan and that interview was recorded. States 195 is that recording. Transcript seems reflect accurately the content of that interview? Yes. states 195a admitted for the record

Going to go thru Bryan's statements in that interview. Bryan was working outside his home on his front porch at 1ish on feb 23.

Bryan saw a black guy running with a truck following him. Bryan did not ask the black guy if he needed help but did get in his own truck to join the chase.
 
Why is Gough all worked up over whether Bryan used the word "hollered"? Had clients in the office and had to mute for a while.
 
found some on Cathy's tweets

Cathy Russon
@cathyrusson
·
3h
WATCH LIVE: Day 4 in the trial for the three men charged in the killing of #AhmaudArbery. Father/son duo Greg & Travis McMichael along with friend WIlliam "Roddie" Bryan are charged with murder.

Up first for the state today is Detective Roderic Nohilly. He spoke to Greg McMichael. He knew Greg McMichael from the time McMichael was an investigator in the D.A.'s office

Nolly.jpg

Det. Nohilly spoke to Greg McMichael after the shooting. McMichael told him about #AhmaudArbery looked like he was trying to flee from something. Then he says, "He was trapped like a rat."

Greg.jpg

Cathy Russon
@cathyrusson
·
1h
This case is going to drag on and on. Testimony to attorney argument ratio is way off. Judge originally told jurors to plan through the end of next week but looks like it will extend into Thanksgiving week and beyond at this rate. #AhmaudArbery
Quote Tweet
Kailey Tracy
@KaileyTracy
· 1h
The judge had to excuse the jury while he resolved this, like in days past. We've seen disagreements between both sides prolong things during the trial.

link: https://twitter.com/cathyrusson
 
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Don't GA courtrooms allow sidebars? o_O Seems a whole lot less disruptive than these defense attys with some frequency telling the judge they have a matter to discuss outside the presence of the jury....

I did see them do that once maybe back on day 1? But there are so many attorneys it looked like it was hard for everyone to hear and respond and i think even at that time when they did it they ended up having to send the jury out IIRC

eta: to fix typo lol
 
Why is Gough all worked up over whether Bryan used the word "hollered"? Had clients in the office and had to mute for a while.

So I didn't listen to the whole discussion because I am listening to the Rittenhouse cross, BUT it was more that Gough was bothered with the summarization of the statements. He used hollered as an example, but his client did actually use that word in his statements. I do not know how the Judge handled this issue. Gough said that intentional or not, the prosecution was cherry picking statements.
 
Okay - found another person tweeting

Veronica Waters
@MissVWaters
·
3h
Judge Timothy Walmsley tells the jurors normally court would be closed on Veterans Day, but the plan is to work tomorrow as usual--and to send him a note if that's a problem for any of them.

Glynn County Police detective, Sgt. Roderick Nohilly, takes the stand. He's a 16-year veteran of the force. He will discuss an interview with #AhmaudArbery shooting case defendant Greg McMichael, whom he knew as an investigator in the DA's office, since at least 2005.

Nohilly.jpg

Nohilly asked the homeowner's name; Greg McMichael didn't know. Nohilly: Did this guy break into a house today? GM: That's just it, I don't know. I told her out there, u might want to knock on doors b/c this guy had just done something he was fleeing from #AhmaudArbery

Nohilly asked G McMichael to speculate on what was in the mind of #AhmaudArbery. GM: He was trapped like a rat. I think he was wanting to flee and realized he was not going to get away. RN: But he could've run around your son, right? GM: Sure.

Greg McMichael to Nohilly: He was much faster than Travis would ever be. We had chased him around the neighborhood a bit and he wasn't winded at all. This guy was in good shape. #AhmaudArbery @wsbradio
GM's atty Frank Hogue starts cross-exam.

Frank Hogue wants to flesh out context of Greg McMichael's comment that he "had no idea who this guy was." GM couldn't tell you #AhmaudArbery's name, right? Nohilly: Correct.

Hogue reads from transcript: Greg McMichael said "When he came past my house he met the description of the guy Travis saw go into that empty house. To a tee. Plus met the description of video I'd seen of guy in there.

GM also repeated the words that 'This guy wasn't out for no Sunday jog.' Hogue: You understand Greg McMichael was explaining why he suspected #AhmaudArbery? Nohilly: Yes.

Greg McMichael said, There was no hesitation on his part when he came to Travis. I think his intention was to grab that gun and shoot Travis. If he'd have gotten it and there was any separation between Travis and him I was going to cap his *advertiser censored*.

Hogue: You understand the context he's conveying--he thought he was about to witness his son's death at the hands of #AhmaudArbery... A series of State objections as FH restarts: Objection, testifying; speculation; characterization. Judge sustains: The statement speaks for itself

Hogue asks Nohilly if he's heard of "auditory exclusion," a phenomenon where...State objects--counsel is testifying. Hogue: Maybe he knows it by some other name. You can describe what you saw but not what you heard.

Hogue: You ask Greg McMichael if he #AhmaudArbery was hit all three times--shots from Travis's shotgun. GM: There was only two shots. Nohilly: There were three shots. On video, sounds like 3. GM: There were 3? I don't think so but it was a furball, it was a hairball.

Hogue: When you arrest people, u give verbal commands like Stop, raise your hands? Nohilly: Yes. H: if people won't comply you'll draw your weapon, won't you? RN: Only in certain circumstances. FH: Like when they won't listen to verbal commands, not stopping? RN: No

Nohilly: No, I don't just pull my gun. Hogue: You take other steps? ...& if you think the person is going to attack you or flee you will use your weapon? Nohilly: Not always, no. Hogue: If they're attacking you? RN: Depends on how. Depends on circumstance .

Hogue: If someone seems to be trying to take your gun from you, putting his hands on it you might use your gun? Nohilly: At that point it might meet the threshold, yes.

Travis McMichael atty Jason Sheffield starts cross-exam of Nohilly: his investigation; interviewing Travis. State objects; they take out jury. Dunikoski: We told defense we weren't putting in Travis's stmnt; now it looks like we're hiding it from jury.

There's a bunch of argument about Sheffield wanting to put in that Travis McMichael was cooperating, speaking quickly, upset. Judge notes that opens the door to asking WHEN in said interview TM was like that--what was he saying at the time, etc.

Jury's back. Sheffield continues: You've investigated burglary, and understand it doesn't just happen at night. Nohilly: Correct. JS: Usually on Sunday? RN: That's what I said. State redirect--what did Greg McMichael say then? RN: He said, People are home on Sundays.

We're in a recess, FYI

link: https://twitter.com/MissVWaters



more to come...
 
Veronica Waters
@MissVWaters
·
2h
#AhmaudArbery shooting case: Matthew Albenze, who's lived in Satilla Shores a little over 30 years. He's a neighbor of Greg McMichael; they haven't socialized at each other's homes. Same with Travis. Friendly conversation in driveways about trucks boats, fishing.

Matthew.jpg

He didn't know #AhmaudArbery, and hadn't ever seen him before 2.23.2020. The home under construction is at end of his block. This is a shot sort of from his driveway looking at Larry English's property--the pen is pointing at it.

Crime.jpg

That day, he was splitting wood when he looked up and saw #AhmaudArbery standing at that house. No bag or backpack. "Just standing there looking around." He recalled English's video of someone who looked like that on his dock. Albenze grabbed his phone and his gun.

Albenze saw someone moving around in the English house, so he called the main -7800 number to police. Why didn't he dial 911?, State asks. "I didn't see an emergency," he says. #AhmaudArbery @wsbradio
They are playing the call for jurors.

Albenze stood behind an oak; he couldn't see what #AhmaudArbery was doing in there. Doesn't know why Arbery ran out. He walked back to his house then. He made some "There he goes" motion but wasn't trying to communicate w/anyone in particular, he says .

Albenze says at no time did he contact Greg or Travis McMichael or communicate with them in any way. "After a few minutes, I heard gunshots--3." Got my bicycle, road around the corner. "I saw a police car...saw Mr. #AhmaudArbery lying on the street...saw Greg and Travis there".

"It was a shocking scene, you know," Albenze says. Later that day, Glynn Co. police came to see him. He doesn't remember much about that. He'd had several cocktails by that time.

Travis McMichael atty Bob Rubin begins cross-exam. Albenze says yes, he'd rather be somewhere else. Rubin asks, This has been difficult for you? Caused you problems b/c you called police? Concerns at work/about neighborhood, personal attacks/phone calls?

Rubin: That's put you in a difficult spot? Albenze: Not really difficult, but a spot I'm not used to.

Rubin: Even though this property was open and unsecured, Larry English wasn't inviting people over, was he? Did he say this male was authorized to be on the dock? Not that Albenze knows, no.

Rubin: On your call, you tell police this man has been to the house multiple times? Albenze: That may have been heat of the moment; someone who looks like him is what I meant to say. Rubin: He looked like guy in videos? Albenze: Yes.

Rubin: You told police, He's been caught on camera a bunch before at night. It's kind of an ongoing thing out here? Albenze: It had been. Can't say it's that guy; someone who fits that description.

Albenze says he can't speak to Larry English's state of mind over someone not being caught. "Nobody's happy when somebody snoops around their stuff." Rubin: Right.

Albenze says he was aware of property crimes in Satilla Shores in 2019-20. Rubin: Did you tell GBI you're aware of the guy back at the house & everyone's aware? A: "Neighbors talk...were probably aware there were break-ins" Don't know if they knew of English's house .

Albenze knew some things had been stolen from English's boat: electronics and Yeti cooler. Were you at that house the night police were there on Feb 11? "I went down to see what was going on." See Travis? I think he was there. Greg? Don't remember.

When you first saw #AhmaudArbery, he wasn't tying a shoe, catching his breath. "Just standing around," Albenze replies. You didn't know if he was armed. You grabbed your phone and your 9mm, for your protection. You didn't know what was going on. A: Nope

Rubin: You call police; suspected he saw you & that's why he took off running? Albenze: IDK. R: That's what you told Diego Perez. A: OK. You told the GBI that & you felt some guilt over that? A: I did. I felt like if he hadn't seen me maybe he wouldn't have run away

Rubin: You felt like you put into motion these events that turned tragic and it still weighs heavy on your heart? Albenze: Yes.

Albenze said he doesn't recall if he saw #AhmaudArbery duck down in the house. Roddie Bryan's lawyer Jessica Burton gets up for cross. Says, you might know my co-counsel Mr. Gough. Albenze says he's helped clean trees from yard after hurricane once.

Albenze says he hadn't spoken with/seen Roddie Bryan for several years before 2/23 incident. State re-direct: You were aware English suspected contractors of theft? A: He thought it was a possibility. Neighbors also talked about suspecting homeless guy was behind thefts? IDK


link: https://twitter.com/MissVWaters


I think I'll stick with this tweeter - seems to have more info than others.
 
Veronica Waters
@MissVWaters
·
1h
Stephan Lowery takes the stand. He's a contractor who started his job in May. Used to be a Brunswick, then a Glynn County policeman. Mostly patrol, some narcotics cases.

Lowery.jpg

Lowery was called out to the #AhmaudArbery shooting scene. Drove unmarked car. No dash cam. "I saw the decedent lying in the roadway with police caution tape around him. Ofcr Roberts kind of briefed me." She gave him thumb drive of Perez video.

Lowery learned there was video from Roddie Bryan's phone and that he'd given consent for police to get it. Bryan also agreed to be interviewed. Lowery recognized Greg McMichael; he'd seen him before at police dept, probably delivering subpoenas

Had only a "hey, man" relationship with Greg McMichael--not friends, no socializing. He stands to ID GM in court but says he's not sure, hasn't seen him in awhile. Lowery confirms to State he didn't pressure Roddie Bryan to talk to him. Bryan drove himself

Roddie Bryan told Lowery he was on his porch when he saw a black guy run down the road, white truck following. He asked the truck guys, "Y'all got him?" Prosecutor Larissa Olivierre: Did he ask the black guy if he was OK, or needed help? Lowery: Not that he told me

Bryan then said he went to his truck to assist, but realized he didn't have his keys and went in his house to get them and joined in. He saw there for a second and assessed, waited for Mr. #AhmaudArbery to come back toward him.

As Lowery began to read from transcript, Kevin Gough objected and said he wanted to take up an issue. He began then by telling the Judge, It's getting more difficult for Roddie Bryan to get a fair trial. State is cutting up these statements.

Gough says he understands co-defendants' concerns but chopping up statements is changing meaning. Roddie Bryan never said that he "hollered at anyone" and characterizing it as that is troubling.

Kevin Gough: Roddie Bryan never used the words that he "joined in." Jason Sheffield, Travis McMichael atty joins complaint, notes Bryan said he "pulled into the road." Greg M. atty joins. Judge: I take it the defense aren't going to editorialize, either?

Gough.jpg

State: Roddie Bryan did say that. His client said, "I started running for my truck and I hollered at that point, I said, 'Y'all got him?'" That's from Mr. Bryan himself

Judge: We know what's happening is that witnesses are testifying to statements that aren't coming in b/c of Bruton issues of things before Court was involved. It's permissible but creates a lot of issues.

Judge: What I think I heard & agree with is witness effectively summarized statement then statement got put on screen. The objection is similar to ones about getting into minds of individual making statement--mixing up statements w/ what listener thought.

Judge: If we're using defendant statement NEED to ensure jury knows what's what and you'll have opportunity. So don't have someone interpret; present it if it's in the transcript. State: We spoke with defense about this already and they seemed to agree. Am I wrong?

Judge: What I've discovered is once the evidence started coming everybody starts saying, We're not holding everybody we had to the agreements we had before trial. Judge says he can't enforce it as he has no record of it--maybe agreements weren't as secure as counsel thought

Judge.jpg

link: https://twitter.com/MissVWaters
 
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we are back from break.

Still with investigator Lowery. Was on call that day. Mr Bryan hollered at the truck (of the Ms) and then got into his own. Lowery reading verbatim statement of Bryan. Brayn said he "angled" overshot the road and forced AA into the ditch.

Second interaction of Bryan and AA. I don't know if he went through the water or what but he bounced around me. I angled my truck at him again. Still on Burford Rd but further down this time.

Third time he tried to interfere with AA. pg 6 lines 11-20 Bryan says not back to the road that "it" happened at yet. I think I backed up and kinda went at him a little bit. pg 18 lines 1-31 says that victim was trying to go into his truck
 
pg 7 lines 19-25 Bryan says the black guy wasn't really running anymore, at that point he was confronted (by the Ms) [paraphrasing here not direct quotes although the direct quotes are being read by investigator Lowry on the stand]

Bryan says I have not seen him before. He doesn't know of him (AA) being involved in anything. Bryan says no he just hears things "around"

Bryan tells Lowery that AA fingerprints (evidence) might be on his truck.

state introduces a bunch of evidence concerning the photos that Lowery took of the Bryan truck

There were several smudges that appeared to be fingerprints and some dents in that area. Fibers were located right above the dent in the plastic area. Not visible in photos but found on the truck.
 
Veronica Waters
@MissVWaters
·
22m
Back from a lunch break in the #AhmaudArbery shooting case. Jury is coming in now. Al Sharpton and Ben Crump are in the courtroom with Marcus Arbery, Sr., father of the slain 25-year-old.

Stephan Lowery testifies on Roddie Bryan's interview. Jurors see the printed sections of the transcript, detailing how many times Bryan, in his own pickup truck, "angled at" #AhmaudArbery. Bryan said he wished he'd hit him because maybe then he wouldn't have been shot.

Bryan1.jpg Bryan2.jpg Bryan3.jpg

Defense objects to the repeated use of the word "victim" to refer to the slain man,

Roddie Bryan: He's running from me, and I'm coming at him. State: Did something happen on Holmes R. after this? Stephan Lowery: "Yes, the shooting and the murder itself took place right after."

Bryan4.jpg

Lowery asked Roddie Bryan if he'd ever seen #AhmaudArbery before; he said No. Lowery: Do you know of him being involved in any past instances? Bryan: That I know of? No.


link: https://twitter.com/MissVWaters
 
IMO, Albenze was a decent witness for the defense. He lends credence to the fact that Mr English was concerned about a man that matches AA’s description seen on security camera multiple times. Mr Albenze also felt alarmed enough to pull a gun, but was level headed enough to call police and stay home. If only all the men involved in this horrible situation had acted with a level head.
 
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