Posted on 05/10/2020 6:06:59 PM PDT by bort
I am a veteran criminal law attorney who has tried more than 300 criminal jury trials, handled thousands of other criminal cases, racially-divisive cases, etc. We have dozens of "citizen lawyers" on Free Republic who are posting insane, inane, wrong, and crazy "facts," "law," and conclusions. I have studied this case inside and out. Let me give you some insight, and feel free to post some questions....
> They should have left him alone and not chased him. It LOOKS racist.
And they were in a pickup truck!!!
I don’t have an hour to explain what is going on here, but this sounds all like political posturing. First, the police listed the elder McMichael as a witness in the police report. The police didn’t even consider charging him from day one. This was a self-defense type case. It is routine for the police to work in conjunction with the district attorneys office. In a case like this, the police would consult with the district attorney before doing anything. It’s very convenient for the police, with the race hustlers protesting outside of their doors, to claim they were in a position to arrest them the day it happened. By the way, I guarantee you that the local police department will be doing everything in their power to help the defendants in this case. I’ve been involved in a few of these racially charged cases. The cops will quietly help the defense attorneys
Checking if it still works, it's what I was told when I first joined here.
yes, it worked. So again, < p > with no spaces..
In a case like this, where the McMichaels were claiming self-defense, it is very common for the district attorney to make the call. It is laughable to think that the cops were pushing for prosecution in this case. In fact, they listed the elder McMichael as a witness in the police report. This article was a convenient way for the police department to get the heat off of them from the rent a riot Trust me, the cops will do everything in their power to quietly help the defendants. I’ve experienced it personally in similar cases
Thank you for your time and effort!
I have a question... who exactly is in charge of this case now?
DA Durden?
Who charged him? Was it Durden with the assistance of GBI? States attorney? I’m not familiar with ga cj system.
What could have caused GBI to suddenly find evidence on them within 24 hours of having the case that Durden didnt have before? Or are they getting insane pressure from politicians?
Thank you for an excellent summary and it agrees with my thinking, but you’re a better writer.
Here’s why I say he was not pointing the gun at him.
Once AA started him, he would have shot him THEN.
I was raised in the south and live in texas and there isnt one redneck I know ( I have half a dozen brothers I KNOW how rednecks think and respond when it comes to guns and no redneck raised by a southern LEO would let another man get to him to grab his gun if he had it pointed at him. Jus. no. Way.
Plus as soon as the come into frame struggling over the gun, you can tell there’s no way you go from a ready to shoot aiming stance to back in your heels in that manner. The shooter was not ready to shoot or engage at all.
If I was going to ambush and murder a “jogger” and knew that I could “cut him off at the pass”, I think I’d park the truck, put the hood up so he thinks I’m having mechanical problems, hide behind the hood, and then blast him when he got close.
Nothing close to that happened and the guy in the back of the pickup doesn’t seem to do anything when the “jogger” jogged by. Maybe he called him a bad name or something.
The two aren’t rednecks.
The bottom line is that the politicians, especially Republicans, were under a lot of pressure to secure a prosecution. The outside prosecutor will call the shots. He undoubtedly was picked to prosecute this case, because his superiors knew he would file charges. I had a similar case about five years ago The local prosecutor declined to prosecute, his office was overrun by black activists, and the next thing you know he was prosecuting everyone and anyone that was connected to the death of a black male. It was the most bizarre case. During jury selection, there were a couple police officers In the jury pool. The prosecutors were trying to strike the police officers from the jury pool, while I was trying to keep the police officers. I’m not a Georgia lawyer. It appears they have been charged in the lowest court and that a grand jury will hear the case in June.
Criminals are finally figuring out those free Obamaphones are also tracking devices. It's amazing how many criminals are caught and convicted because of them.
Telecoms selling tracking data to the police, government, and others is a profit center for them. They've developed subscription websites to make it easy.
Nope. I live in NW Georgia, a conservative Trump supporter, pro 2nd amendment, own a shotgun, and a Christ-follower who refuses to keep my blinders on when I see injustice against a fellow human being who was also made in the image of Christ.
But if I were 20, I would probably would behave differently. I’d probably panic, and try to get shotgun guy before shotgun guy got me.
—————————-
That’s exactly what the jogger did. And that’s exactly why the jogger is dead. Did he deserve to die? No, absolutely not. But he had an arrest record. He lived life like a criminal. And died like one.
OFFICE OF THE DISTRICT ATTORNEY
WAYCROSS JUDICIAL CIRCUIT
George E. Barnhill District Attorney
306 Albany Avenue Waycross ,Georgia 31501
(912) 287-4395 FAX (912) 287-4399
Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick , GA 31525
Email: tjump@ glynncounty-ga.gov
Ref : Glynn County, The Shooting death of Ahmaud Arbery ,
Feb 23rd, 2020
Dear Captain Jump :
My office received the Arbery autopsy report [dated 4/1/2020 yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.
However, since we were initially requested to handle the case the victims mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired sometime ago. She believes there are kinships between the parties [there are not and has made other unfounded allegations of bias [es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further evaluation for prosecution this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.
Given the Governor’ s current shelter in place order and Justice Meltons Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this case file. I hope for all involved it will move along as quickly as possible.
After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of Arrest”. Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.
First,
I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.
Second,
As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 24th, 2020 at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties.
Third,
It appears Travis McMichael,Greg McMichael, and Bryan William were following, in pursuit burglary suspect, with solid first hand probable cause, in their neighborhood,and asking/tellinghim to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal.
OCGA 17-4-60 “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.”
Fourth,
It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry.
OCGA 16- 11 - 126
“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his home, motor vehicle, or place of business without a valid weapons carry license.
(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his person a long gun without a valid weapons carry license, provided that if the longgun is loaded, it shall only be carried in an open and fully exposed manner.”
Fifth,
The video made by William Bryan clearly shows the shooting in realtime. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arberys right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became — a fight over the shotgun . Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible. Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.
OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others OCGA 16-3-23.1 Georgia’ s No Duty to Retreat Law ,an individual is not required to back away from or submit to an attack; OCGA 16 -3-24 [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. OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution
For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.
As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorneys review. Please consider this an OPEN file until that decision is made and restrict the release ofany information under Georgia Open Records Act requests.
Sincerely
George E. Barnhill
District Attorney
Waycross Judicial Circuit
You are right. I apologize. You didn’t say he was wearing boots. I still don’t agree with your opinions on this subject, but I attributed to you things you didn’t say. My bad.
I’ve yet to see any answers to these questions that are all VERY relevant: how far did the deceased live from the house under construction and why was he supposedly jogging there versus some other place or neighborhood? The video shows that the street doesn’t look well designed at all to safely jog on. How did he get there that day? Car, jog or bus? Had the father and son ever “arrested” anyone else before? If so, what were their races? Same question for either of them calling the cops on suspects before.
Good news. I was concerned they might have by-passed the grand jury.
No they didn't fail at that -- they were on the phone with the police, so they obviously called them.
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