Veronica Waters
@MissVWaters
·
1h
JS: Two times, Mr. #AhmaudArbery runs toward Travis. Video picks him up the 2nd time. He's looking into Travis's eyes & gets within 10 feet as Travis says--with no gun in his hand--Stop, do not come any closer. He's not going to forget the guy "reached for a gun" before
JS: Travis had to reach in his car. That put him on alert. The 2nd time #AhmaudArbery comes down the street, he gets 30-40 ft away, Travis is afraid he'll be on him in seconds, he's afraid he will beat him with his fists or whatever weapon he might have and he's scared.
JS: Travis does what he thinks law allows him to--deescalate that #AhmaudArbery approach by showing force to prevent Travis or his father from being beaten or possibly killed. He does it to defend himself, to protect himself
JS: It causes a reaction from #AhmaudArbery. He changes side of road, comes back at Travis. Gets even closer, once the gun is down.
JS: Travis is in door jamb but told you as #AhmaudArbery changed direction, he's backing up to create space/distance. He's watching him. Plants his foot. And thinks, Please turn. Please turn. Please don't come at me.
JS: As he comes around to the far side of truck he can't see him. He's trying to get a look b/c he's afraid #AhmaudArbery is going to be down, going for a gun, or something. Please turn. He never ever when he left his driveway thought things would end this way.
JS: He told us I was giving him the opportunity to run by me. Travis doesn't have a duty to retreat. He's allowed to stay where he thinks he's lawfully allowed to be to defend himself and others. Then #AhmaudArbery takes that turn.
JS: Travis thinks, If this guy gets my shotgun this is not going to end well. He's going to kill me. Travis is thinking, My son. #AhmaudArbery comes around, squares up--see Travis's head never goes past that seat post.
JS: #AhmaudArbery comes across to Travis and first shot happens here. Watch the white shirt. His head is down. He's in full charge. First shot has already happened. Look under the truck--the shadow moving.
JS: He's charging. Travis is trying to brace himself. Is there any question #AhmaudArbery had his hands on this firearm? Any question at all? Travis in his interview said "I was in shock I was under stress I-I don't know. I think he did. He was punching me."
JS: Travis is in a state of disrepair. There is no question #AhmaudArbery's hands are on this gun and the medical examiner told you if hes pulling the gun it could fire right on that wrist and shoot into chest and across body. No question, this is about that gun.
JS: Is there any question #AhmaudArbery is assaulting Travis McMichael before that 3rd shot? Not one single bit. That 3rd shot goes off and these 2 men end where they started--face to face, looking into each other's eyes, and never a word being spoken by Mr. Arbery.
JS: It is absolutely horrific and tragic this happened. This is where the law is intertwined with heartache and tragedy. You are allowed to defend yourself. Allowed to use force likely to cause death if you believe it's necessary. Travis believed it was necessary.
JS: This is a law for a person in Travis's situation. You can do it to prevent to self or 3rd person or prevent a forcible felony like aggravated assault with fists
JS: Travis was afraid for Greg McMichael, with a hip replacement, heart attack, stroke, in back of that truck. "If this was about wanting to murder a black jogger, Travis would not have reacted the way he reacted."
JS: She told you how totally freaked out and discombobulated he looked. She was right. The officer's saying, Just breathe, calm down, I know. Brought for questioning an hour & a half later, he was afraid. In shock. Adrenaline still going.
JS: You know how fear and worry works. You probably felt it in jury selection. Travis testified even though he didn't have to. The law cloaks him in a shield of silence. He wanted you to understand what happened from him.
JS: He told you about thefts & burglaries. The totality of facts. Why he believed what he did. He wanted to follow #AhmaudArbery, talk to him, stop him, detain him for police. Don't be fooled by this word "arrest." You don't have to announce, "You're under arrest."
JS: He told you he raised the gun b/c he was afraid #AhmaudArbery would be on him in seconds. The gun did what he hoped: deterred him. And why ultimately he shot.
JS: State says "Travis is a liar; he's got everything to gain by testifying." He's got everything to lose. We are judgmental people. At the risk of all of you sitting in judgment? Should he be labeled as so biased b/c the State indicted him & he chose to testify?
JS: Should we label him biased, motivated, and a liar b/c he took the stand? How about I tell any of you, Prove your names! Prove to me your name is "Patricia." Okay, I'll bring my mother into court. Well what will we say? Of course your mother will help you--she's on your side.
JS: Credibility is for you to determine but to say someone's biased b/c they elect to tell you what happened is a game.
JS: The law about arrest doesn't require you to announce. It's seizing, taking, detaining by touching or any act indicating intention: Stop where you are and at the last minute he said stop and get on the ground. He's trying to detain him.
JS: Travis could have not gotten in his car, told his Dad, this isn't going to work, let's go back inside, could've watched #AhmaudArbery run down the road--everything other than what happened. And wishes that he would have.
JS: But that does not mean his actions that day weren't rooted in the law. Based on everything he knew. "Travis could have" is another red herring to make you feel emotional about this case.
JS: "We would be here but for, but for." Of course it's true. But we could say Travis wouldn't be here but for his grandparents. "But for" is loose. We're talking about probable cause. Real events. "But for" is some loosey-goosey illegitimate term.
JS: Travis told you what he could've done differently that day would mean #AhmaudArbery was still alive. He told you, I know I killed somebody, and me and him and our families will never be the same. He carries that with him every day.
JS: The only time in this case where a life was in danger was at the end of Holmes when #AhmaudArbery chose to cut that turn and go across front of that truck. Every time they encounter each other on this road---3x at Bryan's house 2x at the end 2x down here.
JS: If he wanted to kill him--that's just a nonsensical argument. This was not about taking someone's life that day.
JS: Mr. Rubin mentioned duty and responsibility to you. Travis felt it in the Coast Guard, to his community, and on Feb. 23, and during this trial when he took the stand. The State has duty & responsibility too, to be honest with you.
JS: The State spent 2/3 of their opening telling you what WE were going to say. Like 2 kids getting in trouble and the first one to get to the parent says, "So-and-so did something!"
JS: They have a duty to prove under the law that Travis at the time he raised that gun was NOT in fear. That at the time he shot #AhmaudArbery as he held a gun and punched him that he was not in fear of injury or death.
JS: They have a duty to prove that when Travis stopped to talk to #AhmaudArbery that he did so to commit a felony of aggravated assault. That means every time someone pulls up to you and says Hi, they've committed an aggravated assault or false imprisonment?
JS: The last duty is yours & it's tough. We felt you all would carry the banner of the duty & responsibility that's yours as jurors. This courtroom is sacred. It is our last place for truth! Where we pull it from witnesses if we have to & present it to you
JS: We ask that you hold it dear and accept your duty to not erode the law and think about what it allows a citizen to do. It is going to take courage to focus on bare facts.
link:
https://twitter.com/MissVWaters