The Law And Ahmaud Arbery: A Complex Case

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. Arbery's murder was racially motivated, and the three men were convicted of murder and federal hate crimes.

The McMichaels claimed they pursued Arbery because they suspected him of being a burglar, and Travis McMichael claimed he shot Arbery in self-defence. However, Arbery was unarmed, and there was no evidence that he had committed any crimes. The three men were not arrested until over two months after the shooting, and the handling of the case by local authorities sparked widespread criticism and debates about racial profiling in the US.

Ahmaud Arbery was jogging, not burglarising

On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was jogging in Satilla Shores, a neighbourhood in Glynn County, Georgia, when he was murdered during a racially motivated hate crime. Three white men, Travis McMichael, his father, Gregory McMichael, and their neighbour, William "Roddie" Bryan, pursued Arbery in their trucks for several minutes, blocking his path as he tried to run away. Travis McMichael and Gregory McMichael were armed. After several minutes, 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.

The three men were convicted of murdering Arbery and were sentenced to life imprisonment. Travis and Gregory McMichael were sentenced to life imprisonment without the possibility of parole, while Bryan was sentenced to life imprisonment with the possibility of parole after 30 years. The McMichaels and Bryan were also found guilty of a federal hate crime and interference with rights, with the McMichaels also being convicted of using firearms during a crime of violence.

Arbery's mother, Wanda Cooper-Jones, said her son was jogging when he was murdered and called for arrests to be made. Arbery was a frequent runner, often running for exercise in Satilla Shores.

No evidence has emerged of Arbery committing burglaries or thefts in Satilla Shores. The owner of the unfinished home that Arbery was recorded entering on the day of his murder later said, "I've never had a police report [on my property], or anything stolen from my property, or any kind of robbery."

The defence attorneys for the three men wanted the jury to hear about Arbery's past run-ins with the law, including two arrests, to cast doubt on the prosecutors' contention that he was merely an innocent jogger. However, the judge ruled that Arbery's past was irrelevant to the case, as none of the three defendants knew Arbery or anything about his past prior to the shooting.

Arbery was not armed

Ahmaud Arbery was not armed when he was killed.

On February 23, 2020, Ahmaud Marquez Arbery, a 25-year-old Black man, was jogging in Satilla Shores, a neighbourhood near Brunswick in Glynn County, Georgia. He was pursued by three white men, Travis McMichael, his father, Gregory McMichael, and their neighbour, William "Roddie" Bryan, who claimed to police that they assumed he was a burglar. The three men chased 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 overtaking Arbery, Travis exited his truck, pointing his weapon at Arbery. A physical altercation ensued, resulting in Travis fatally shooting Arbery.

Arbery was unarmed when he was killed. Prosecutors argued that Arbery was "merely jogging" and that nothing was stolen from the construction site.

The three men were convicted of murder and federal hate crimes. They were also found guilty of attempted kidnapping, and the McMichaels were found guilty of one count each of brandishing or discharging a firearm during a violent crime.

Arbery was not committing a felony

Ahmaud Arbery was not committing a felony.

On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was jogging in Satilla Shores, a neighbourhood near Brunswick in Glynn County, Georgia. Three white men, Gregory McMichael, his son Travis 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 several minutes, they overtook Arbery, and Travis exited his truck, pointing his weapon at Arbery. A physical altercation ensued, resulting in Travis fatally shooting Arbery.

The men claimed they believed Arbery was a "burglary suspect" in their neighbourhood, and that they had first-hand probable cause to pursue him. They also said they were making a citizen's arrest, which was legal in Georgia at the time. However, there is no evidence that Arbery had committed a burglary or any other felony.

Surveillance video shows that Arbery had wandered into an unoccupied home under construction on the McMichaels' block just before they pursued him. However, the video does not show him taking anything or committing any crime other than trespassing. Several children and adults had previously walked through the unfinished house, and the owner of the home confirmed that nothing had been stolen.

Arbery was unarmed when he was killed, and prosecutors said nothing was stolen from the construction site. Furthermore, Arbery's family and activists suspected that race played a factor in law enforcement's initial reluctance to act. It took more than two months and the leak of Bryan's cellphone video of the shooting for the McMichaels and Bryan to be arrested and charged.

During the trial, the defence attorneys argued that the McMichaels had a duty to protect their neighbourhood and were within their legal right to detain Arbery. They also claimed that Travis McMichael was justified in using lethal force because he feared for his life when he and Arbery tussled over the shotgun. However, the jury did not agree, convicting Travis McMichael of malice murder, the deliberate intention to kill someone.

In his ruling, Judge Timothy Walmsley stated that evidence of Arbery's past run-ins with the law could unfairly "lead the jury to believe that although Arbery did not apparently commit any felony that day, he may pose future dangerousness in that he would eventually commit more alleged crimes, and therefore, the Defendants' actions were somehow justified." He also ruled that "the character of the victim is neither relevant nor admissible in a murder trial."

Ultimately, the jury found that the three men were not justified in their pursuit and killing of Ahmaud Arbery and that their actions constituted felony murder, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment.

The McMichaels had no immediate knowledge of a crime

The McMichaels' defence team argued that their clients had a duty to protect their neighbourhood and were within their legal right to detain Ahmaud Arbery, citing a Civil War-era citizen's arrest law, which was repealed earlier this year. This law allowed a citizen who witnessed another person commit a crime to detain the suspect until the police arrived.

The McMichaels claimed they were making a citizen's arrest, as they reasonably suspected Arbery had committed a crime. They believed he was a "burglary suspect" in their neighbourhood, and that he had committed a trespass at a house under construction. However, prosecutors argued that Arbery's past was irrelevant to the McMichaels' decision to arm themselves and ultimately shoot a man who was trying to run away.

The prosecution argued that the McMichaels had no immediate knowledge of a crime being committed by Arbery. They had no direct knowledge of Arbery committing a crime that day, and prosecutors said his past was irrelevant to their decision to arm themselves and ultimately shoot a man who was trying to run away.

The McMichaels' defence team argued that they had a right to detain Arbery, as they reasonably believed he had committed a felony and was escaping. However, the prosecution argued that Arbery's actions did not constitute a felony, and that the McMichaels had no immediate knowledge of a crime being committed.

The citizen's arrest law in Georgia authorises a private person to arrest another for any offence "committed in his presence or within his immediate knowledge". If the offence is a felony, and the offender is escaping or attempting to escape, a private citizen may arrest them upon "reasonable and probable grounds of suspicion". However, experts say that conducting a citizen's arrest is uncommon and ill-advised, and that it is a dated idea.

In this case, the McMichaels did not witness Arbery committing a crime, and he was not escaping or attempting to escape when they began their pursuit. Therefore, it can be argued that the McMichaels had no immediate knowledge of a crime, and their citizen's arrest of Arbery was not legal.

The McMichaels instigated the incident

On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was jogging in Satilla Shores, a neighbourhood near Brunswick in Glynn County, Georgia. He was chased and fatally shot by three white men: Travis McMichael, his father Gregory McMichael, and their neighbour William "Roddie" Bryan. The McMichaels instigated the incident by pursuing Arbery in their pickup truck after spotting him running in their neighbourhood. They suspected him of being a burglar due to previous reports of trespassing and theft in the area. Gregory McMichael, a former police officer and investigator for the local district attorney's office, was particularly influential in initiating the pursuit, as he had a long career in law enforcement and his background likely carried weight with the other perpetrators and first responders.

The McMichaels' decision to chase Arbery was influenced by a culture of vigilantism and a sense of "duty to protect their neighbourhood." They believed they had the authority to make a citizen's arrest, which, at the time, was legal in Georgia. However, this law has since been repealed due to the dangers it poses, particularly to Black individuals. The McMichaels' actions were also influenced by permissive gun laws and "stand your ground" self-defence laws in Georgia.

During the chase, Travis McMichael exited his truck with a shotgun and confronted Arbery. A physical altercation ensued, resulting in Travis fatally shooting Arbery. The entire incident was recorded on video by William Bryan, who also attempted to block Arbery's path with his vehicle during the chase.

The McMichaels' actions were not based on any immediate knowledge of a crime being committed by Arbery. Instead, they suspected him of being a burglar due to his presence in the neighbourhood and his resemblance to a suspect in a string of local burglaries. However, Arbery was not committing any crime at the time, and there is no evidence that he had committed any burglaries or thefts in Satilla Shores.

In conclusion, the McMichaels instigated the incident by pursuing Arbery based on unfounded suspicions and a sense of vigilante justice. Their actions ultimately led to the tragic and unnecessary death of Ahmaud Arbery.

Frequently asked questions