Was Ahmaud Arbery's Death Lawful?

On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was jogging in Satilla Shores, Georgia, when he was chased and fatally shot by three white men: Travis McMichael, his father Gregory McMichael, and their neighbour William Roddie Bryan. The McMichaels claimed they believed Arbery was a burglary suspect and were attempting a citizen's arrest, which was legal in Georgia at the time. However, Arbery was unarmed, and there was no evidence that he had committed a crime. The three men were found guilty of murder and federal hate crimes.

Citizen's arrest law

A citizen's arrest is an arrest made by a private citizen, as opposed to a police officer. Citizen's arrests are lawful in certain limited situations and vary by country and state. For example, in the US, a private person may arrest another without a warrant for a crime occurring in their presence, but the crimes for which this is permitted vary by state. In California, any person may arrest another for a public offence committed or attempted in their presence, or when the person arrested has committed a felony, although not in their presence.

In Georgia, where Ahmaud Arbery was killed, the citizen's arrest law was repealed and replaced in May 2021. The new legislation allows for certain private persons such as licensed private detectives, security guards, shopkeepers, and restaurant employees to conduct arrests under specific circumstances. The repeal came about after the murder of Ahmaud Arbery, where the accused men used the citizen's arrest law as a legal defence.

In the UK, a citizen's arrest may be performed under two conditions: that the offence must have been committed in the view or presence of the individual making the arrest, and that the offence must be an arrestable and non-bailable offence.

In Australia, the power to arrest is granted by both federal and state legislation, but the exact power granted differs depending on the jurisdiction. In New South Wales, a person may, without a warrant, arrest another person if they are in the act of committing an offence, have just committed an offence, or have committed a serious indictable offence for which they have not been tried.

In Brazil, a federal law allows any person to arrest a suspect criminal found in flagrante delicto or fleeing from the crime scene. The person must verbally explain what they are doing to the arrestee and call the police. Both must wait for the arrival of the police.

In France and Germany, a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat.

Stand your ground law

Ahmaud Arbery, a 25-year-old black man, was murdered in a racially motivated hate crime while jogging in Satilla Shores, Georgia. Three white men, Gregory McMichael, his son Travis McMichael, and their neighbour William "Roddie" Bryan pursued Arbery in their trucks, using the vehicles to block his path. Travis McMichael exited his truck, pointing his weapon at Arbery. A physical altercation ensued, resulting in Travis fatally shooting Arbery.

Stand-your-ground laws, sometimes called "line in the sand" or "no duty to retreat" laws, provide that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. Under such laws, people have no duty to retreat before using deadly force in self-defence, as long as they are in a place where they are lawfully present. The exact details vary by jurisdiction.

In the US, 38 states are stand-your-ground states, with Puerto Rico also falling into this category. Eight states have case law or precedent that provides for no duty to retreat. Four jurisdictions adopt a "middle ground" approach, and there is no settled rule on the subject in American Samoa and the US Virgin Islands.

In all duty to retreat states, the duty to retreat does not apply when the defender is in their own home. This is known as the "castle doctrine".

A 2020 RAND Corporation review concluded that "there is supportive evidence that stand-your-ground laws are associated with increases in firearm homicides and moderate evidence that they increase the total number of homicides."

Self-defence

The self-defence argument was a key part of the trial of the three men involved in the killing of Ahmaud Arbery. The defence lawyers argued that Travis McMichael, who shot and killed Arbery, was acting in self-defence. They claimed that Arbery had tried to grab McMichael's gun, and that McMichael was therefore justified in using lethal force.

However, the prosecution successfully argued that the defendants had instigated the conflict by chasing Arbery and attempting to make a citizen's arrest without reasonable suspicion that he had committed a crime. They also pointed out that Arbery was unarmed and that McMichael had pointed his gun at him first.

The jury ultimately rejected the self-defence argument, finding all three men guilty of murder and other charges.

The Stand Your Ground Law

Georgia is a Stand Your Ground state, which means that a person who perceives a threat is not obliged to retreat before using lethal force, as long as they did not instigate the deadly encounter. This is an extension of the Castle Doctrine, which says that a person does not have to retreat if they are threatened in their own home.

The Citizen's Arrest Law

The defence also argued that the three men were attempting a citizen's arrest, as they suspected Arbery of being behind a string of burglaries in the area. However, the prosecution showed that the defendants did not have reasonable and probable' suspicion that Arbery had committed a crime, and that the citizen's arrest law did not apply.

The Role of Race

The trial of Ahmaud Arbery's killers was the latest in a series of racially charged cases in which self-defence claims have been made. Critics have argued that self-defence laws are applied differently based on the race of the defendant and the victim.

The Verdict

In the end, the jury found that the defendants were the aggressors and that their use of force was not justified. They were found guilty of murder and other charges.

Hate crime

On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was murdered in a racially motivated hate crime while jogging in Satilla Shores, Georgia. Three white men, Travis McMichael, his father Gregory McMichael, and their neighbour William "Roddie" Bryan pursued Arbery in their trucks for several minutes, using their vehicles to block his path as he tried to run away. Travis McMichael and Gregory McMichael were armed. After cornering Arbery, Travis exited his truck, pointing his weapon at Arbery. A physical altercation ensued, resulting in Travis fatally shooting Arbery. Bryan recorded the confrontation and murder on his cell phone.

In April 2021, the three men were indicted by a federal grand jury in the Southern District of Georgia and charged with hate crimes and the attempted kidnapping of Ahmaud Arbery. The McMichaels were also charged with separate counts of using firearms during a crime of violence.

The indictment alleged that the defendants used force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race. It also alleged that all three defendants attempted to unlawfully seize and confine Arbery by chasing after him in their trucks, restricting his free movement, and attempting to detain him against his will.

In February 2022, the three men were found guilty in a federal court of attempted kidnapping and the hate crime of interference with rights, while the McMichaels were also convicted of one count of using firearms during a crime of violence.

The murder of Ahmaud Arbery and the subsequent lack of arrests sparked nationwide criticism and debates on racial profiling in the United States. Georgia enacted hate crimes legislation in June 2020 and repealed and replaced its citizen's arrest law in May 2021.

Police handling of the case

The police handling of the Ahmaud Arbery case has been widely criticised. No arrests were made for more than two months after the murder, and the initial response of the Glynn County Police Department (GCPD) has been scrutinised.

When GCPD officers arrived at the scene, the responding officer referred to Gregory McMichael, a former GCPD officer, on a first-name basis. No questions were asked about the legality of the shooting or the validity of self-defence claims. Arbery was still alive when the officers arrived, but he died at the scene after "bleeding out".

The GCPD said they were advised by the Brunswick District Attorney's Office to make no arrests. Waycross District Attorney George Barnhill, who was not yet assigned to the case, also advised the GCPD not to make arrests.

The case was eventually transferred to the Cobb County District Attorney's Office, and the McMichaels and Bryan were arrested and charged with felony murder and other crimes.

The local authorities' handling of the case resulted in nationwide criticism and debates about racial profiling in the US. Georgia Attorney General Christopher M. Carr requested the intervention of the Federal Bureau of Investigation, and former Brunswick District Attorney Jackie Johnson was indicted for "showing favour and affection" to Gregory McMichael and for obstructing law enforcement.

The involvement of the GCPD as the primary investigator in a case involving a former officer was controversial. The department had previously been accused of "a culture of cronyism" and "a history of covering up allegations of misconduct".

The case also prompted re-examinations of the way prosecutions of shootings were handled by the Brunswick Judicial Circuit District Attorney's Office. In 2010, two police officers fatally shot an unarmed woman, and four former prosecutors alleged that Johnson shielded the officers from criminal prosecution.

In addition, the Georgia citizen's arrest law, which the defence used to justify the McMichaels' actions, was repealed in the wake of the incident.

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