GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

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  • #201
Malice murder? That's a new term for me. ...I didn't know that Grand Jury names were revealed to the public, I'd always mistakenly thought they were confidential.

I thought so too! Seems highly unusual to see all the names completely revealed
 
  • #202
Thank you @sds71 ! Now all I need are hearing dates! :D
TIA if you find those!
 
  • #203
One has to wonder what is in the minds of the other 2 DAs who passed on investigating and charging in the killing of Mr. Arbery. Their decisions in this case are most likely systemic to many other decisions they made in office. I do question that if they had been more fair and ethical if the climate in this district would have been so significantly different that Mr. Arbery might be alive. I think the changes are all a great step forward but hundreds of years too late. Continually hoping for peace for the Arbery family.
 
  • #204
Going to post this so I can shortening it up a bit....


*Bond Hearing (via video)-CANCELLED! (@ 10:30am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) – only for *William Roderick “Roddie” Bryan, Jr. (50) arrested & charged (5/21/20) with felony murder & criminal attempt to commit false imprisonment.
Indicted (6/24/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony.
5/22/20 Update: initial appearance. No plea entered & no bond set. Bryan’s attorney Kevin Gough has filed several motions on behalf of his client to include a motion for a speedy trial, motion for bail without waiver of preliminary hearing, motion for relief from prejudicial and inflammatory statement and a motion for disclosure of search warrants and related documents. All are scheduled to appear June 4 before Chief Magistrate Judge Wallace E. Harrell at the Glynn County Courthouse. Another motion asks DA to enter a non-disclosure agreement with Arbery’s family to prevent facts of case from being reported in the media. Motion wants Arbery family members to be declared “defacto parties” in the case. Court has installed computer screens that would allow the defendants to appear in court on video.
6/4/20 Update for all: GBI agent Richard Dial testifies that Bryan’s car was trying to force Mr. Arbery into a ditch. Bryan says he thinks he might have hit Mr. Arbery. There was a palm print on the rear door of Bryan’s truck & white cotton fibers on the top plastic bed & a dent near the fibers near the back. Bryan said Mr. Arbery was trying to open his car door. Roddie: admits to joining the pursuit of AA, admits to trying to block AA & detain him several times prior to & on Holmes Rd. He admits to attempting to “redirect” AA toward the McMichael’s. GBI agent: The shotgun used is a pump-action shotgun; it has to be pumped to eject the spent round & reload a fresh round between each firing. TM admitted firing the weapon 3 times. The first shot was a chest wound, per TM’s statement. AA was ‘saturated in blood’ before the physical struggle began. By his own admission, GM didn’t have any knowledge that AA had committed any crime, but he just had… a ‘gut feeling’ that AA had. TM’s first shot blew a hole in AA’s chest. After 2 more shots, with AA face down in the road, dying, what Travis was heard to say was ‘🤬🤬🤬🤬🤬🤬🤬 ‘n-ger’ per Bryan. TM's contention was self-defense, GBI states the only evidence they have of that is TM's contention. No independent evidence that was the case. Bryan waived his appearance for hearing. No pleas were entered. Judge says all three cases will be bound over to Glynn County Superior Court. The Justice Department has launched a hate crime investigation in the case.
6/12/20 Update: Bond hearing set for Bryan on 6/26/20. Two of the motions filed by Bryan’s attorney, Kevin Gough, will be addressed by the court: Motion for Bail without Waiver of Preliminary Hearing and Motion for Relief from Prejudicial and Inflammatory Statements made by Individuals Purporting to Speak for the Victim and His Family. Grand Jury proceedings will remain suspended & jury proceedings are unlikely to begin until August or later.
6/23/20 Update: Bryan was supposed to have a bond hearing this Friday. His attorney has asked for it to be continued. The hearing has not been rescheduled yet. If Bryan’s attorney requests another bond hearing, it will not be scheduled until the end of the July 14 statewide emergency order suspending court proceedings due to the COVID-19 pandemic. All defendants in the Arbery murder case have asked for their court documents to be sealed from the public. 6/24/20: Grand jury indicted Bryan.
*Gregory Johns McMichael (64) & Travis James McMichael (34) (each) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Held without bond. 6/4/20 Update: Bound over to Glynn County Superior Court. 6/15/20 Update: Jury trial and most grand jury proceedings will remain suspended, and jury proceedings are unlikely to begin until August or later. 6/24/20: Grand jury indicted both.
 
  • #205
I thought so too! Seems highly unusual to see all the names completely revealed

My exact thought when I read the docs and saw all the GJ members listed there in print :eek:
 
  • #206
https://glynncounty.org/DocumentCen...-from-Prejudicial-and-Inflammatory-Statements

This Motion is hilarious and amounts, in my mind, to a child throwing a fit and screaming "they're saying mean things about me! Somebody make em stop." MOO

Various individuals claiming to either speak for Ahmaud Arbery 0r his family, or to represent the family of Ahmaud Arbery, continue to make malicious, prejudicial and inflammatory statements to the national media about Roddie Bryan. Notwithstanding the fact that Roddie Bryan committed no crime and has fully cooperated with law enforcement agencies investigating the tragic death of Mr. Arbery and remains a key witness for the prosecution statements have been made to the effect that Roddie Bryan is a “devil,” a “Stooge”, a “racist” and even a “psycho.”

:rolleyes:
emphasis by me
 
  • #207
So.... nothing on any court dates? Or will those be after August....

TIA! :)
 
  • #208
This Motion is hilarious and amounts, in my mind, to a child throwing a fit and screaming "they're saying mean things about me! Somebody make em stop." MOO statements have been made to the effect that Roddie Bryan is a “devil,” a “Stooge”, a “racist” and even a “psycho.”

As a total non lawyer, I think the motion has a valid basis, but one need to be supported by a lot more detail and references to specific instances. Likewise, probably not address the "mean stuff" as it is first amendment (as you implied).

The State is, of course, prohibited from making prejudicial statements, unlawful searches, entrapment efforts, coerced confessions etc.

But.... the State cannot circumvent the above protections for defendants by simply having private citizens act as their proxies or agents.

The State, can however, use spontaneous and uncoordinated information from informants and can provide victim's family with information that they can later release- with personal opinions attatched. It just cant be coordinated to the extent that State and the citizens are de facto one entity:

- "We did not search that car- a uhmm…..conveniently placed concerned citizen did" it for us. - "We could not make those prejudicial statements supported by inside info- so, we coordinated and encouraged the victim's family to do it and even arranged for a policeman stand next to them while they did it."

Or, - "We did not entrap that defendant- a patriotic citizen did. Ok, maybe they were coordinated by us, were an attractive member of the opposite sex, and used romantic lures, but they are still not technically police- right?"

In short, though the motion may be distantly tied to valid concepts, it seems very broad as to what it wants done and very fuzzy as to the basis for the wants. My guess is that it will be quickly denied.
 
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  • #209
One has to wonder what is in the minds of the other 2 DAs who passed on investigating and charging in the killing of Mr. Arbery. Their decisions in this case are most likely systemic to many other decisions they made in office. I do question that if they had been more fair and ethical if the climate in this district would have been so significantly different that Mr. Arbery might be alive. I think the changes are all a great step forward but hundreds of years too late. Continually hoping for peace for the Arbery family.
Sounds like all their cases needs to be re-analysed for bias.
 
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  • #210
Suspects in Ahmaud Arbery killing due in Georgia court Thursday - Gruntstuff

July 6, 2020

Three white Georgia males are due in court Thursday for his first hearings since being charged with homicide in the Feb. 23 capturing dying of unarmed black jogger Ahmaud Arbery.

Glynn County Chief Justice of the Peace Choose Wallace Harrell will decide if there’s enough proof for the instances towards ex-cop Gregory McMichael, 64, and his 34-year-old son, Travis McMichael, and native resident William “Roddie” Bryan, 50, to maneuver ahead, the Coastal Courier newspaper reported.


I'm not too sure of this newspaper - usually they are late in announcing hearings even though it has a current date.

Anyone have access to the Glynn County court site? To check if this is true for 7/9?
TIA!
 
  • #211

Attachments

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  • #212
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Three defendants in Arbery death are due back in court soon
 
  • #213
One has to wonder what is in the minds of the other 2 DAs who passed on investigating and charging in the killing of Mr. Arbery.
One of those thoughts might be: "Jail and covid"

I believe that the very competent GBI is still conducting a separate investigation into the two DAs. This investigation could support Misfeasance charges against them.

My vague understanding, however, is that such charges are difficult to bring as the State must be prove a willful refusal to carry out duties or a willful neglect. The willful aspect can be hard to prove as simply being an incompetent public official of any sort is not illegal.

One can still hope, however, that charges can be brought. One DA gave a prior written response regarding their refusal to prosecute, thus harder to put a new spin on the circumstances now.
 
  • #214
They will all appear on July 17 at 10 am before Judge Walmsley.

https://www.glynncounty.org/DocumentCenter/View/66939/Notice-of-Hearing---CR2000433

eta: @Niner

Arbery murder suspects to appear in court next week | WSAV-TV

According to a document signed by Judge Timothy Walmsley, Travis and Greg McMichael and William “Roddie” Bryan are due back Friday, July 17, at 10 a.m. But the three motions on the table were filed by Bryan’s attorney, Kevin Gough.

After spending more than a month behind bars, Bryan is seeking bail.

The motion states he poses no significant risk of fleeing and isn’t a danger to others. While he has lost his job, the motion says Bryan has “employment prospects” should he be released.

A second motion aims to strike the “illegal appointment” of District Attorney Joyette Holmes. Gough claims Liberty County District Attorney Tom Durden, who was assigned to the case before Holmes, can’t recuse himself.

The final motion asks “for relief from prejudicial and inflammatory statements” made by individuals speaking on Arbery’s behalf. In the document, Gough claims that “malicious, prejudicial and inflammatory statements” have been made about Bryan to the national media — and that the DA has “made no effort to reign in” said statements.
 
  • #215
Arbery murder suspects to appear in court next week | WSAV-TV

According to a document signed by Judge Timothy Walmsley, Travis and Greg McMichael and William “Roddie” Bryan are due back Friday, July 17, at 10 a.m. But the three motions on the table were filed by Bryan’s attorney, Kevin Gough.

After spending more than a month behind bars, Bryan is seeking bail.

The motion states he poses no significant risk of fleeing and isn’t a danger to others. While he has lost his job, the motion says Bryan has “employment prospects” should he be released.

A second motion aims to strike the “illegal appointment” of District Attorney Joyette Holmes. Gough claims Liberty County District Attorney Tom Durden, who was assigned to the case before Holmes, can’t recuse himself.

The final motion asks “for relief from prejudicial and inflammatory statements” made by individuals speaking on Arbery’s behalf. In the document, Gough claims that “malicious, prejudicial and inflammatory statements” have been made about Bryan to the national media — and that the DA has “made no effort to reign in” said statements.

Ah, the irony is completely lost on Mr. Gough.
 
  • #216
The final motion asks “for relief from prejudicial and inflammatory statements” made by individuals speaking on Arbery’s behalf.

The attorney seems to be saying that because Georgia crime victim's "Bill of Rights" policy gives victims certain guarantees, including the ability to "confer" with prosecutors", the victim, or victim's family is bound by the same rules of conduct as the State.

2010 Georgia Code :: TITLE 17 - CRIMINAL PROCEDURE :: CHAPTER 17 - CRIME VICTIMS' BILL OF RIGHTS :: § 17-17-1 - Declaration of policy

Even to a non attorney, this seems like a huge stretch. I strongly suspect that the defense would need to show that the victim's family is serving as de facto agents of the State before any limitations on their speech would be imposed.

This would involve proving that the victim's family and the State are essentially functioning as one entity. My guess is that this would need showing collusion in some of the following ways, none of which has even remotely occurred. For example, Your honor:

- Uniformed State Troopers have escorted the victim's family to press conference- and then stand next to them while they make inflammatory "private" statements.

- Hey, the Prosecutor happens to quote inflammatory statements made by the victim's family when "informing" the public about the case.

- What, the family was given special access to the jail, were allowed to take photos of the defendant wearing jail clothes. Now, these "private" photos have been released to the public accompanied by more inflammatory statements.

 
  • #217
  • #218
Friday, July 17th:
*Arraignment Hearing for all (also Bond hearing: Bryan) (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Gregory Johns McMichael (64) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Held without bond.
*Travis James McMichael (34) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Held without bond.
Court info from 5/8/20 thru 5/11/20 reference post #945 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former PD and son, Brunswick, Feb 2020 #2

5/12/20 Update: Cobb DA Joyette M. Holmes announces that she has accepted Attorney General Chris Carr’s appointment of her to handle the prosecution in the killing of Arbery. 5/15/20: Defense attorneys Jason Sheffield & Robert Rubin for Travis McMichael. Defense attorneys Franklin Hogue & Laura Hogue for Gregory McMichael. Judge Timothy Walmsley, a Chatham County superior court judge was assigned to the Arbery murder case. All are scheduled to appear June 4 before Chief Magistrate Judge Wallace E. Harrell at the Glynn County Courthouse.
6/15/20 Update: Jury trial and most grand jury proceedings will remain suspended, and jury proceedings are unlikely to begin until August or later. 6/24/20 Update: Grand jury indictment for both. 7/6/20 Update: Notice of hearing on 7/17/20: Arraignment for both.

*William “Roddie” Bryan, Jr. (50) arrested & charged (5/21/20 with felony murder & criminal attempt to commit false imprisonment. Indicted (6/24/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Held without bond.
Court info from 5/22/20 to 6/12/20 reference post #204 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

6/23/20 Update: Bryan was supposed to have a bond hearing this Friday, 6/26. His attorney has asked for it to be continued. The hearing has not been rescheduled yet. If Bryan’s attorney requests another bond hearing, it will not be scheduled until the end of the July 14 statewide emergency order suspending court proceedings due to the COVID-19 pandemic. All defendants in the Arbery murder case have asked for their court documents to be sealed from the public. 6/24/20: Grand jury indicted Bryan. 5/27/20: Filed by defense: Motion for relief from prejudicial and inflammatory statements made by individuals purporting to speak for the victim & his family, & for other relief.
7/6/20 Update: Notice of hearing on 7/17/20: Arraignment & amended motions filed by Bryan’s attorney, Kevin Gough: 1st motion for bail (Bryan), motion to strike illegal appointment of DA Joyette Holmes. Gough claims Liberty County District Attorney Tom Durden, who was assigned to the case before Holmes, can’t recuse himself & motion for relief from prejudicial & inflammatory statements made by individuals purporting to speak for the victim & his family. 7/15/20: Several new unsealed court documents filed by State regarding: discovery items (3 documents attached), motion to quash defense witness subpoena of AG Carr, and objection to defense intent to call ADA Holmes as witness.
 
  • #219
  • #220
Gregory and Travis McMichael plead not guilty.
William Roddie Bryan also.
 
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