Posted on 05/22/2020 10:01:06 AM PDT by conservative98
The director of the Georgia Bureau of Investigation said Friday that William Bryan, the neighbor who filmed Ahmaud Arbery's death, was not a good Samaritan or simply a witness as Bryan has claimed, but a significant player in the February killing of the unarmed black man.
"If we believed he was a witness, we wouldn't have arrested him," GBI Director Vic Reynolds said Friday. "There's probable cause and we're comfortable with that."
Bryan, who filmed the four-minute chase and shooting death of Arbery, was arrested Thursday evening.
The 50-year-old was taken into custody and charged with felony murder and criminal attempt to commit false imprisonment. Two other men, Gregory McMichael, 64, and Travis McMichael, 34, allegedly went after Arbery, trapped and shot him four times. They were arrested on charges of felony murder and criminal attempt to commit false imprisonment earlier this month.
Bryan, who is white, recorded the Feb. 23 confrontation as the McMichaels – who are also white – pursued Arbery while he was running through the Satilla Shores neighborhood, about 25 minutes away from downtown Brunswick.
"We don't go into a situation of this nature investigating a person or persons, we go in and investigate a set of facts and once we start turning stones over — sometimes there's one or two stones underneath that need to be turned over," Reynolds said.
In Georgia, a person can be charged with felony murder if he or she is alleged to have contributed to another person's death, even unintentionally, while committing another felony.
Reynolds also said that state investigators had found "a number of pieces of video" that linked Bryan to the case.
(Excerpt) Read more at foxnews.com ...
[[Except they never saw him with a weapon.]]
Doesn’t matter-
[[That is a tough fact to get around.]]
no it isn’t- they had a very reasonable suspicion he could have been armed-
[[Anyone might be armed.]]
that is true- not not everyone gets caught several times trespassing, nor does everyone bring a gun to a school like arbery did
they had several reasons to be wary of him-
I would be interested to know if the McMichaels have tried to hunt down the white couple and the 2 kids who were also caught on camera.
All McMichael had to do was get in his truck and call 911 and tell them he was following the guy they believed to be the same man who was trespassing a few day back. Follow at a safe distance and relay position to police until they can stop and question him.
I would like to see all the evidence both sides. From what I have observed the jogger was no saint and was not the innocent soul being put out there, video shows he was prowling as he jogged.
That being said the two being charged for shooting him are idiots. They were not in imminent danger and were looking for the jogger. They should have contacted the police and kept their distance. Fearing for their lives won’t fly as a defense in this case as they were hunting and confronting this guy. Stupidity abounds on the shooters and the deceased.
Every thread on this subject is like a reprise of “Twelve Angry Men” (and women).
“My guess is they use the charge to get him to take the stand for the prosecution and say whatever they tell him to say. Then he walks.”
Some reports say the third arrestee has changed his story several times since the incident. If he were to get caught by the defense attorneys saying “whatever they tell him to say” while on the stand as a prosecution witness, it might raise more reasonable doubt in the minds of jurors.
The more people on the stand saying conflicting things under oath increases - not decreases - reasonable doubt.
you’ve heard the 911 call? How do you know some of it wasn’t muffled and couldn’t be heard correctly? He may very well have leaned out the window telling him to stop and the call didn’t pick it up- or maybe it did pick it up- how do you know it didn’t? I haven’t heard any unedited version of the 911 tape yet? Even if he never said ‘we want to talk to you’ he still hasn’t committed any crimes by yelling to him whatever he yelled to him-
Many times people in or even after stressful situations don’t get details exactly right- in his mind he could have been thinking he said ‘we want to talk to you’ because that is what they got in the truck and and went to do- talk to him- but again- even if he did only yell ‘stop’- it’s not a crime to confront someone and tell them to stop- whether they do or not isn’t the issue- the issue is, did he commit a crime by going out to confront him?
[[By his own admission, McMichael says he attempted to cut off Arbery, and Arbery turned around and ran the other direction.]]
Yeah, so? He wanted to stop the fella to talk to him-
[[He says that “Roddy” (that is the guy recording the video 3~4 minutes later) also attempted to cut him off but he, too, was unsuccessful.]]
Not a crime to cut someone off to talk to them- noone was kidnapped or held against their will at any point during any of this- it isn’t a crime to confront someone-
I thought they did contact the police. Has that been proved to be false?
“..FReeper lawyers have made up their minds about this case, that an unarmed man who had committed no crime and was being chased by a number of armed men in two cars over an extended period of time is actually the aggressor and the armed individuals in the vehicles are the victims. “
You’re going to get pilloried for that, if you haven’t already.
I commented that the McMichaels chose poorly in their course of action when they actively pursued Arbery instead of letting the police handle things.
I was accused of everything from living in a gated community (I don’t) to being a p#ssy (I’m not) to quivering beneath my blankets while I wait for real men to save me (not even remotely).
Like you say unfortunately most people seem to have jumped on a side before ALL the facts are in and are using Alinsky tactics on anyone who seems to disagree.
Only a few short years ago when I joined the vast majority would have been cautioning to get all the facts first. Now a noisy group has decided they have all the facts they need.
I’m sure they woudl have CONFRONTED- them too- criminals are criminals, regardless of skin color- ‘hunted down’? Lol- yeah- the great white hunters out looking for blood-
Whether people like it or not- citizens are not required to just get i n a vehicle, follow at a safe distance, and wait for police- We have citizen’s arrest laws that allow citizens to confront people they think have committed crimes- The isn’t about ‘what they should have safely done’- the issue is, did they have a right to confront someone?
When I first started concealed carry, I ingrained in myself that I would only draw if faced with that imminent threat to myself or family. To take action to save others I didnt know, it was going to take knowing that only actions on my part could save them and that my conscious wouldn't let me not act. So much to risk, life, home, family, and livelihood for what can turn out to be an unappreciative society and legal world, or heaven forbid, I make a mistake.
I carry as part of a church security group during services and events, and now I have to consider the congregation 'my family'. Being the shepherd requires a more proactive approach. Cant wait till its just my life being threatened. Neighborhood watch could be similar, but at some point you have to ask yourself, are people or property I am 'protecting' worth the potential down sides if this really turns into a gunfight? Inside the church, yes. On the streets surrounding my immediate neighborhood block, not so sure.
[[Like you say unfortunately most people seem to have jumped on a side before ALL the facts are in and are using Alinsky tactics on anyone who seems to disagree.]]
Ummm- he engaged in the very thing you said others engage in- insulting those who have looked at the evidence and formed an opinion- (The very ‘alinsky tactic’ you claim only others engaged in)- He’s made his mind up as well=- so yeah=- there’s that-
About this Fox News story: was the deceased shot four times?
I thought I read three shots were fired.
And: did the two men shoot the deceased four (or three) times? Or did one man shoot the deceased?
did you see that video where church officers opened fire o n that mad man with a shotgun? Unfortunately the perp killed one officer, but was quickly taken out by members of the church- He picked the wrong church to attack-
Kudos to you for being willing to protect the congregation- may you never be forced to have to use the gun in that setting-
Yeah, court can be a roll of dice, but they will get facts that we don’t have- hopefully the truth=- whatever it may be, will prevail
You don't think I invented that, do you?
The initial investigator, with 35 years experience, has been completely ignored. When this goes to try I hope like hell he’s called as a witness. If not, the trial will be a sham.
Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick, GA 31525
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 victim’s 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 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 Governor’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.
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 ‘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,
OCGA17-4-60
“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 or her 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 or her person a long gun without a valid weapons carry license, provided that if the long gun 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 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 1st 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 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 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 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 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 Attorney’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. Barnhill
District Attorney
Waycross Judicial Circuit
I would not deny that.
You left out the part where Travis moved/ran to the front of the vehicle toward Arbery’s route. And they had already tried to cut him off with their cars. Depending on how they did that, that could be charged as vehicular assault.
I’m not trying to take anyone’s side here. Just because some black social justice warriors are making noise about the case doesn’t immediately mean they have bad motives and the McMichaels are pure and innocents. Nor do I believe the McMichaels are raging racists and hunted him down like a dog.
An unarmed man was shot dead in the street in broad daylight. That isn’t good.
To say the least.
Fry them all, three thugs.
___________________________________
Yeah. Right behind George Zimmerman and Darren Wilson.
Are they going to arrest all the neighbors too who happened to be home? The state is actively arranging a 21st century lynching.
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