Replies

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

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.”

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