for Thursday, Nov. 18th:
Veronica Waters
@MissVWaters
·
1h
Good morning. The arguments today before Travis McMichael continues being cross-examined involves the defense asking Judge Walmsley to bar the State from asking whether he uttered a racial expletive over #AhmaudArbery's body.
Judge Walmsley says he won't decide now based on these cited cases, but will decide before the testimony is done. Defense said the slur ("f'ing n-word") was heard only by co-defendant Roddie Bryan, who's not expected to testify.
Kevin Gough says he's raising a 3rd motion asking the judge to prevent intimidation or influencing of jurors by excluding Revs. Sharpton and Jackson from court unless and until they show a pastoral relationship to #AhmaudArbery's family. Jason Sheffield agrees.
[me: this guy doesn't give up...
]
{^^looks like the Judge fell asleep while listening to Gough repeat his motion...]
Jury's back in. Travis McMichael is on the stand. ADA Linda Dunikoski hands him his transcript of his interview with Det. Nohilly, which was from about 3:12-5:30 PM.
Travis McMichael said: 1. He thought the man on Feb. 11 might have been the one who ran by. Then, 2: that Matt Albenze'd seen him. Then, 3: He may have broken in. Then, 4: Maybe Larry English is on his property. Then, 5: Maybe #AhmaudArbery had been caught.
Then, 6: Maybe #AhmaudArbery had been running from police. Travis McMichael says no, he didn't hear any sirens. Now, ADA begins asking about probable cause definition he knows.
State says McMichael's definition is only 1/2--you need 2 parts: Reasonable suspicion of an actual crime, AND that person you're arresting is who committed it. TM: That makes sense. That's the person I assumed was committing the crime. The probable cause was him.
Travis McMichael: #AhmaudArbery had been there several times, I saw him sneaking thru a yard, he reacted like he was going for a gun, we had our altercation, Albenze said it was the same guy on video, Albenze pointing--all led to probable cause.
T McMichael says all that meant, it's the guy breaking into house where stuff's been stolen. The totality of the circumstances led him to go down there and see if that was him.
T McMichael says on his stolen gun, there was suspicion that it was tied to an unfamiliar truck that'd come thru. Dunikoski asks him about a man; TM says he doesn't know him. She says, isn't he your FB friend? TM says he doesn't know him.
McMichael's memory's refreshed w/FB post. He'd said he'd IDed the person who'd stolen his gun and gone to his house and this may be the 1 causing trouble here. It was not #AhmaudArbery So why, State asks, 2 hours after the homicide, he posted about his Jan 1 gun theft?
State: So there was no probable cause to believe #AhmaudArbery stole your gun? McMichael: No. S: Any evidence he'd ever taken anything from English's house/boat? TM: Other than he'd been there a lot.
State: You knew the white couple had gone in in Nov.? McMichael: I did. S: And shady guy under the bridge? TM: I did. S: And suspected guy with truck as gun thief and neighborhood thief? Didn't Kim B say she suspected that guy of stealing purse? TM: Don't recall
T McMichael says his mother never told him English suspected contractors. State asked about his claim that he thought #AhmaudArbery reached into his pants to indicate he had a gun. Like this? TM says no.
State played videos from English property of Feb. 11. T McMichael IDs his car's headlights outside. He says no, he doesn't see #AhmaudArbery with a bag, or anything in his hands.
State: Ofc. Rash told you the homeowner said this guy had never stolen anything? T McMichael: He hadn't SEEN him steal anything. S: So you're basing yoru probable cause on your mother's rumor? TM: Based it on Feb 11 and neighbors talk.
Travis McMichael insisted things HAD been stolen from the boat. State asks, wasn't the boat moved b/t here & Douglas? Asks what he'd heard Ofc. Rash testify that he as a law enforcement officer would do? TM didn't investigate that. Defense objected. Judge overruled.
State: When you saw #AhmaudArbery on Burford, he didn't have a bag/box? T McMichael: No. S: Shorts and tee. You didn't know him personally, anything about him. TM: Nothing. State: You just knew he was the guy at the unsecured construction site. Reach into pockets? Yell? TM: No
State: Did #AhmaudArbery threaten? Brandish weapon? Reach for anything? Just ran? T McMichael: No, he was just running. He says he didn't "startle" Arbery, just pulled up to him, stayed with him
T McMichael says he told #AhmaudArbery Stop, what happened back there, why're people pointing down the road. State: What exactly did u say? TM: "I want to talk to you." AA turned, went the other direction. S: That indicates he doesn't want to talk to you and won't stop? TM: Yes.
State: So you chose to reverse your truck & back up at #AhmaudArbery? McMichael: Back along with him. S: He's trying to get away, doesn't want to stop or talk, & you're going along with him. TM: I asked again, I want to talk. What happened down the road?
State: Are you wearing any sort of uniform? In a marked patrol car? Wearing a badge? Travis McMichael: No.
Travis McMichael told police he told #AhmaudArbery "Stop right there, stop where you're at." You're ordering him to stop? TM: Not ordering, asking. At first it was polite, he agrees, nice, calm. State: He's already decided he doesn't want anything to do w/u & runs back? TM: Yes
State showed video showing Travis McMichael's truck backing up and #AhmaudArbery running away from the truck, then video showing McMichael putting truck into different gear and going back toward Arbery. You could've just stopped, right? Let him run? TM: I could have.
State: You know 5th Amendment says no one has to talk to anyone they don't want to, right? McMichael says yes. State: You said you thought there could've been someone hurt, or a break-in, but you didn't go THAT way? TM: I wanted to ask him what happened.
link:
https://twitter.com/MissVWaters
