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
The Georgia Bureau of Investigation felt otherwise. I would like see their Probable Cause Affidavit.