GA - Ahmaud Arbery, 25, Brunswick, 23 Feb 2020 *MEDIA, MAPS &TIMELINE *NO DISCUSSION*

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Ahmaud Arbery video: William Bryan under investigation; #IRunWithMaud
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According to an incident report filed by Glynn County police, Arbery was shot after Gregory McMichael, 64, and his son, 34-year-old son Travis, saw him running in their neighborhood and armed themselves with guns before getting in a truck to pursue him.
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  • #23
South Georgia community demands justice for Ahmaud Arbery's death - CNN
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Greg McMichael told Glynn County police that Arbery was suspected in "several break-ins," but no such string of crimes was reported in the weeks before the shooting. Police have yet to clarify whether Arbery is accused of any crime at a home that was being built.

The owner of the under-construction home, who is listed as a victim in the police incident report, said his surveillance system captured at least four short clips of a man who appeared to be Arbery "coming onto his property" February 23. He declined to share them with CNN and spoke on the condition of anonymity because he says he's been receiving death threats.

The man walked by the garage and down to a dock on the Little Satilla River, the motion-triggered cameras show, according to the homeowner. Asked whether they showed the man stealing or committing any other crime, he said they show him "trespassing."

Prior to Arbery's shooting, the man said in a second interview Wednesday, the cameras on three or four occasions captured someone walking on the property at night -- one time stealing $2,500 of fishing tackle from a boat in his garage -- but he could not identify the perpetrator.
 
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Police tried to make an arrest shortly after 25-year-old Ahmaud Arbery was fatally shot on February 23 but they were blocked by Brunswick District Attorney Jackie Johnson, two Glynn County commissioners said Friday. The Georgia Bureau of Investigation on Thursday charged Gregory McMichael, 64, and his son Travis McMichael, 34, with murder and aggravated assault, two days after graphic footage emerged of them shooting Arbery while he was out jogging. Commissioner Allen Booker told the Atlanta Journal-Constitution on Friday: “The police at the scene went to [Johnson], 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 McMichael.” Commissioner Peter Murphy said officers at the scene in February concluded they had probable cause but “were told not to make the arrest.”
Former cop Gregory McMichael was an investigator for the Brunswick District Attorney’s office until 2019, prompting Johnson to become one of two prosecutors to recuse themselves from the case.
Brunswick DA’s Office Blocked Arrests in Ahmaud Arbery Shooting in Feb: County Commissioners
 
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A suspect in the killing of Ahmaud Arbery was involved in a previous investigation of him, recused prosecutor says
By Dakin Andone, Angela Barajas and Jason Morris, CNN
Updated 8:00 PM ET, Fri May 8, 2020


Glynn County, Georgia (CNN)One of the men accused in the fatal shooting of Ahmaud Arbery was involved in a previous prosecution of Arbery, according to a letter written by a prosecutor who has since recused himself from the case.

In an April 7 letter, Waycross Judicial Circuit District Attorney George Barnhill wrote that his son and the suspect, Gregory McMichael, helped with an earlier prosecution of Arbery when they both worked for the Brunswick Judicial Circuit District Attorney's Office.
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Glynn County commissioner Peter Murphy said he also plans to call for an investigation into the prosecutors and police agencies that investigated Arbery’s shooting over the past two months.

Murphy echoed widely held concerns that three separate district attorneys had reviewed the video, but that the McMichaels were only arrested after the footage was publicly released and pressure intensified.

But on his way out, Barnhill took the unusual step of telling law enforcement he did not see grounds for the arrests of the McMichaels, arguing their actions were lawful because they were making a citizen’s arrest of a person they believed to be involved in a burglary.

“It appears their intent was to stop and hold this criminal suspect until law enforcement arrived,” Barnhill wrote. “Under Georgia Law this is perfectly legal.”

But several legal experts told The Washington Post that Barnhill’s application of the state’s citizen’s arrest law is flawed.
https://www.washingtonpost.com/nati...cal-officials-handling-ahmaud-arberys-murder/
https://int.nyt.com/data/documenthe...-glyn/b52fa09cdc974b970b79/optimized/full.pdf
 
  • #30
The police department was put in touch with one of Johnson’s assistant district attorneys after the shooting, but Johnson made the decision not to charge the father and son, the former having worked in her office for more than 20 years, Murphy said.

“The police at the scene went to her, saying they were ready to arrest both of them,” Allen Booker, the Glynn county district 5 commissioner, told the Atlanta Journal-Constitution on Friday. “These were the police at the scene who had done the investigation. She shut them down to protect her friend McMichael.”

Days later, Johnson recused herself. Johnson did not immediately respond to a request for comment.

On 2 April, Barnhill sent an email to law enforcement authorities saying the 25-year-old Arbery had an “apparent aggressive nature” and that his family were “not strangers to the local criminal justice system”.

‘Every stone will be uncovered’: how Georgia officials failed the Ahmaud Arbery case
 
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GBI agents are reviewing additional video from the Glynn County neighborhood where he was shot to death as they piece together the minutes before the fatal confrontation that has drawn national attention to Georgia and its justice system.
GBI reviewing additional video footage in Ahmaud Arbery case
 
  • #33
February 28th local news report on the shooting

Barnhill confirmed that his department is working with Glynn County police investigators to gather information to determine whether the shooting warrants prosecution. “They seem to be doing all the right things,” Barnhill said of the county police department. “They’re gathering information, film, photos ... They’re putting together a case file. That’s about 70 percent done.”

[SNIP]

Evidence being gathered includes security surveillance video from the home under construction, as well as surveillance video from other homes in the neighborhood, Barnhill said.

[SNIP]

“There’s some behavior that warrants explanation,” he said without elaborating. “I want to get more information on the deceased.”
 
  • #34
April 14th local article

“I’m off that case since last week,” Barnhill told The News on Monday. “The family of the victim asked us to get off the case. The family was insistent that I get off the case. So I said, fine. I’m off of it.”

When retired district attorney investigator Greg McMichael saw a man he suspected of burglary sprinting down Satilla Drive on the afternoon of Feb. 23, he alerted his adult son and both men grabbed their guns, according to a Glynn County police report.

April 2nd local article

An adrenaline-infused pursuit ensued, which ended a block away when Travis McMichael’s shotgun fired twice as he and the man struggled for possession of it, Greg McMichael told police. Ahmaud Marquez Arbery, 25, died on the spot, “bleeding out” in a matter of minutes, the police report said.
[SNIP]
The McMichael men and others were fed up with burglaries and auto break-ins by the time that fateful February afternoon unfolded, the police report indicated. The senior McMichael told police the surveillance video in the neighborhood had earlier captured Arbery in suspicious circumstances. McMichael told police they saw Arbery “the other night” and that he reached in his pants, as if readying to draw a gun, the report said
 
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In a brief interview with The Daily Beast on Friday, Gregory McMichael said that he had no direct evidence that Arbery was a thief targeting Satilla Shores, before teasing what could be a key part of a legal defense for the shooting.

“But he’s the guy who’s there without permission,” on English’s property, McMichael said through the closed front door of his son’s home.
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2010 Georgia Code
TITLE 17 - CRIMINAL PROCEDURE
CHAPTER 4 - ARREST OF PERSONS
ARTICLE 4 - ARREST BY PRIVATE PERSONS
§ 17-4-60 - Grounds for arrest
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest

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.

2010 Georgia Code :: TITLE 17 - CRIMINAL PROCEDURE :: CHAPTER 4 - ARREST OF PERSONS :: ARTICLE 4 - ARREST BY PRIVATE PERSONS :: § 17-4-60 - Grounds for arrest
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2 - JUSTIFICATION AND EXCUSE
§ 16-3-24 - Use of force in defense of property other than a habitation
O.C.G.A. 16-3-24 (2010)
16-3-24. Use of force in defense of property other than a habitation

(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:

(1) Lawfully in his possession;

(2) Lawfully in the possession of a member of his immediate family; or

(3) Belonging to a person whose property he has a legal duty to protect.

(b) 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.
2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONS :: ARTICLE 2 - JUSTIFICATION AND EXCUSE :: § 16-3-24 - Use of force in defense of property other than a habitation

O.C.G.A. §~16-3-20, 16-3-21
GA 3.02.10 Justification; Use of Force in Defense of Self or Others – Law of Self Defense
 
  • #40
Nearly everyone who talks about his youngest son, Ahmaud Arbery, remembers him running. Neighbors saw him jogging nearly every day. Ahmaud’s route would take him along the flat, curved road outside the home he shared with his mother, then into the unincorporated community of Satilla Shores on the Georgia coast just outside of Brunswick. Ahmaud would wave to the regulars on his route.

'They lynched him': Ahmaud Arbery's father on the killing of his son
 

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