Replies

Worth reading.

County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick, GA 31525

Ref: County, The Shooting death of Ahmaud Arbery, Feb 23rd, 2020

https://www.documentcloud.org/documents/6883949-Waycross-Judicial-Circuit-Letter-on-Ahmaud.html

“ previous mental health records”

Must be substantial to explain why someone would charge a guy pointing a shotgun

Thank you for posting the link to the Glynn County DA’s Investigator’s letter. Clear case of self defense, and it is clear the deceased was a burglary suspect, fleeing the scene of the crime. He initiated the attack that resulted in him being killed, per the investigator’s summation of the events. And the attack, etc. is all on video.

Many decades ago I spent 14 weeks at the Federal Law Enforcement Training Center in Brunswick (Glynco), Georgia. Even in 1979 the K-Mart in Brunswick had security guards armed with .357 caliber pistols. During those 14 weeks a law enforcement officer was killed each week somewhere in Florida or Georgia. A sheriff’s deputy in Brunswick was shot and killed through the back screen door of his own home by a man on whom he had served a warrant earlier that week. Note, this was at the deputy’s own home.

Violent criminal behavior was common then, and in the past 40 plus years, it appears to not have changed much.

Thank you for that link. I downloaded it.

Thanks for posting the letter from the District Attorney.

We don’t know what will shake out in the investigation, but how many times have we seen the lamestream media run with these stories, presenting a fraction of the evidence, to incite racial tension?

I would not believe anything coming from Martin Luther Cream (a/k/a Talcum X).

OFFICE OF THE DISTRICT ATTORNEY
JUDICIAL CIRCUIT

George E. Barnhill 306 AlbanyAvenue (912) 287-4395
District Attorney Waycross, Georgia 31501 FAX (912) 287-4399

Captain Tom Jump

County Police Department
Investigation Division

157 Public Safety Blvd.
Brunswick, GA 31525

Email:

Ref: 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 victim?s mother has clearly
expressed she wants myself and my office off the case. She sees a con?ict in that my son works
in the Brunswick District Attomey?s Of?ce where Greg McMichael retired some time 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? in this case. That is, to
determine whether there is sufficient evidence on which to make a Grand Jury presentation or
not.

Given the Govemor?s current shelter in place order and Justice Melton?s 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 casefile. I hope
for all involved it will move along as quickly as possible.

lof3

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 feelI 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 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 ?hot
pursuit?, a burglary suspect, with solid first hand probable cause, in their neighborhood, and
asking/ telling him 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,

private person may arrest an offender ifthe offense is committed in his presence orwithin his
immediate knowledge. If the offense is a felony and the offender is escaping orattempting to escape, a private
person may arrest him upon reasonable and probable grounds ofsuspicion.”

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.

Any person who is not prohibited by law from possessing a handgun orlong gun may have or carry on his or her
person a weapon or long gun on his or herproperty or inside his or herhome, motor vehicle, or place of business
withouta valid weapons carrylicense.

Any person who is not prohibited by law from possessing a handgun orlong gun may have or carry on his or her
person a long gun withouta valid weapons carry license, provided that if the long gun is loaded, it shall only be
carried in an open and fully exposed manner.”

20f3

Fifth,

The video made by William Bryan clearly shows the shooting in real time. 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 Arbery?s 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 snuggle for the shotgun as depicted in the video, the
angle of the 2nd shot with the rear ofthe 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 l/16th to
l/8th of one inch to fire the weapon himself and in the height of an altercation this is entirely
possible. Arbery?s 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 deadlyforce situation an individual is allowed to use
deadlyforce to defend themselves or others OCGA16-3-23.1 Georgia?s No Dutyto Retreat Law, an individual is
not required to back awayfrom or submitto an attack; OCGA16-3-24 The use of force which is intended or
likelyto 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 justi?ed unless the person using such force reason ably
believesthat it is necessary to preventthe commission of a forcible felony.

OCGA16-3-24.2 A person properly and legally defending themselves is immunefrom 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 County Grand jury, that will have
to wait for the next District Attomey?s review. Please consider this an OPEN file until that
decision is made and restrict the release of any information under Georgia Open Records
Act requests.

Sincerely,

George E. Bamhill
District Attorney
Waycross Judicial Circuit

3of3

Thanks for the link! And there's more:

The "jogging narrative" collapses...https://twitter.com/vdare/status/1259227469858639872

BREAKING: New @AJC video appears to show Ahmaud Arbery entering new house on McMichael’s street, running out after spotted by neighbor