Murder of Ahmaud Arbery
On February 23, 2020, Ahmaud Arbery, a 25-year-old black man, was murdered during a racially motivated hate crime[b] while jogging in Satilla Shores, a neighborhood near Brunswick in Glynn County, Georgia.[1][2][3][4][5][9] Three white men, who later claimed to police that they assumed he was a burglar,[10][2][1][11] pursued Arbery in their trucks for several minutes, using the vehicles to block his path as he tried to run away.[12] Two of the men, Travis McMichael and his father, Gregory McMichael, were armed in one vehicle. Their neighbor, William "Roddie" Bryan, was in another vehicle. After overtaking Arbery, Travis McMichael exited his truck, pointing his weapon at Arbery. Arbery approached McMichael and a physical altercation ensued, resulting in McMichael fatally shooting Arbery.[3][4] Bryan recorded this confrontation and Arbery's murder on his cell phone.
"Gregory McMichael" redirects here. For the athlete, see Greg McMichael.Murder of Ahmaud Arbery
Satilla Shores
unincorporated Glynn County, Georgia, U.S.
February 23, 2020
c. 1:15 p.m.
Ahmaud Marquez Arbery
- Travis James McMichael
- Gregory Johns McMichael
- William Roderick Bryan, Jr.
All perpetrators guilty on all counts in federal trial
State trial:
Travis McMichael
Guilty on all charges
Gregory McMichael
Not guilty of malice murder
Guilty on remaining charges
William Bryan
Guilty of felony murder (3 counts), aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment (1 count each)
State charges:
- Malice murder
- Felony murder (4 counts)
- Aggravated assault (2 counts)
- False imprisonment
- Criminal attempt to commit false imprisonment[6]
District Attorney Jackie Johnson:
- Violating the oath of a public officer
- Obstruction of justice
Federal charges: - Interference with rights (a hate crime) (1 count each)
- Attempted kidnapping (1 count each)
- Using firearm during a crime of violence (1 count each for McMichaels)[7]
- Travis McMichael
- Life imprisonment without the possibility of parole plus 10 years[8] (federal); plus 20 years (state)
- Gregory McMichael
- Life imprisonment without the possibility of parole plus 7 years[8] (federal); plus 20 years (state)
- William Bryan
- 35 years in prison (federal)
- Life imprisonment with the possibility of parole after 30 years[a] (state)
Members of the Glynn County Police Department (GCPD) arrived on the scene soon after the shooting; due to Gregory McMichael's background in civil service, the responding officer referred to him on a first-name basis and no questions as to the legality of the shooting nor the validity of self-defense claims were made. Arbery was still alive at the time officers arrived on the scene.[13] No arrests were made for more than two months.
The GCPD said the Brunswick District Attorney's Office first advised them to make no arrests,[14] then Waycross District Attorney George Barnhill twice advised the GCPD to make no arrests, once before he was officially assigned to the case,[15][16] and once while announcing his intention to recuse due to a conflict of interest.[16][17][18] At the behest of Gregory McMichael,[19] a local attorney provided Bryan's video to local radio station WGIG, which published the video on May 5.[20] The video went viral[21] on YouTube and Twitter.[22][23] The Georgia Bureau of Investigation (GBI) arrested the McMichaels on May 7 and Bryan on May 21, charging them with felony murder and other crimes.[24][25][26]
The case was ultimately transferred to the Cobb County District Attorney's Office.[27][28][29] On June 24, 2020, a grand jury indicted each of the three men on charges of malice murder, felony murder, and other crimes.[6] Their trial began in November 2021 in the Glynn County Superior Court;[30][31] all three were convicted on November 24 of felony murder, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment.[32][33] Travis McMichael was further convicted of malice murder.[34] On January 7, 2022, the McMichaels were sentenced to life imprisonment without the possibility of parole plus 20 years, while Bryan was sentenced to life imprisonment with the possibility of parole after 30 years.[35][36] On February 22, 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.[37][7]
The local authorities' handling of the case resulted in nationwide criticism and debates on racial profiling in the United States.[38][39] Many religious leaders, politicians, athletes, and other celebrities condemned the incident.[40] Georgia Attorney General Christopher M. Carr formally requested the intervention of the Federal Bureau of Investigation in the case on May 10, 2020, which was granted the following day.[41][42][43] Former Brunswick District Attorney Jackie Johnson was indicted in September 2021 for "showing favor and affection" to Gregory McMichael (her former subordinate) during the investigation, and for obstructing law enforcement by directing that Travis McMichael not be arrested.[44][45] In the aftermath of the murder, Georgia enacted hate crimes legislation in June 2020,[46] then repealed and replaced its citizen's arrest law in May 2021.[47]
Investigation by Glynn County Police[edit]
Prior thefts and trespassing incidents reported[edit]
In December 2019 and January 2020, residents of Satilla Shores reported three break-ins or thefts. On December 8, 2019, a Satilla Shores resident reported rifles stolen from the resident's unlocked car. Police recorded a theft on December 28, 2019. On January 1, 2020, Travis McMichael filed a report of a firearm stolen from his unlocked truck.[75][76]
On February 11, 2020, Travis called 911 to report a slender six-foot-tall (1.83 m) black man with short hair, wearing red shorts and a white shirt, who was trespassing on the site of a house under construction. Travis said, "I've never seen this guy before in the neighborhood". The dispatcher asked whether Travis was OK, and he said, "Yeah, it just startled me. When I turned around and saw him and backed up, he reached into his pocket and ran into the house. So I don't know if he's armed or not. But he looked like he was acting like he was." "We've been having a lot of burglaries and break-ins around here lately", Travis said on the call. He told the dispatcher that he was out in his truck, and that as many as four neighbors were out looking for the man. His father Gregory was one of the people out searching that night, and Gregory and at least one other neighbor were armed.[77] Police responded and searched the house along with a neighbor, but found no one.[77][78] However, surveillance video from that evening showed a man who reportedly looked like Arbery, briefly walking in and out of the house under construction. He did not take anything.[77][79] The under-construction house did not have doors or windows.[80]
No evidence has emerged of Arbery committing burglaries or thefts in Satilla Shores.[81][82]
Security cameras and 911 calls before the shooting[edit]
On February 23, in the minutes before the shooting, a security camera installed on a residence across the street from the house under construction, recorded a man identified by his family as Arbery walking down the road and into the house.[83] A second security camera installed within the house recorded a man, identified as Arbery by his family, looking at the interior of the house.[84] Approximately five minutes later, he left and began jogging down the street.[83][85][86] After the man left the house, the first camera on the residence across the street showed a white pickup heading in the man's direction, followed a few minutes later by two police cars.[83] The owner of the home under-construction later revealed that no crimes were committed on the property.[87]
Two calls to the Glynn-Brunswick 911 dispatcher were made just before the shooting. In the first, a then-unidentified male caller said another man was in a house that was "under construction". The 911 dispatcher asked if the man was "breaking into it right now?" The caller replied: "No ... it's all open." After the caller said the man was now "running down the street", the dispatcher said police would respond. The dispatcher asked at 1:08 p.m., "I just need to know what he was doing wrong. Was he just on the premises and not supposed to be?" The caller responded, with some parts garbled, saying: "And he's been caught on camera a bunch at night. It's kind of an ongoing thing." The caller identified the man as a "black guy, white T-shirt".[88] The first caller was later identified in court as neighbor Matthew Albenze.[89]
In the second call, beginning at 1:14 p.m., a male caller said: "I'm out here at Satilla Shores ...There's a black male running down the street." The 911 dispatcher asked, "Where at Satilla Shores?" The caller replied: "I don't know what street we're on." The caller shouted, "Stop! ... Watch that. Stop, damn it! Stop!" The dispatcher tried to speak to the caller but did not receive a reply for several minutes. The caller later hung up.[88] The second caller was later identified in court as Gregory McMichael.[90]
Responding officer's report[edit]
The GCPD reached the scene immediately after the fatal shooting. The responding officer's report relied almost entirely on an interview with Gregory McMichael,[91] who was described as a witness.[92][93]
Gregory said he was in his yard when he saw an unidentified man running by.[93] He said he recognized the man from a prior incident "the other night", when he said he saw the man reach into his pants as if for a weapon. He called to his son Travis and said, "The guy is running down the street; let's go".[92] Gregory brought a .357 Magnum revolver, while Travis brought a shotgun in their pickup truck.[3][92][93] The McMichaels said they pursued the man because he resembled a suspect in a string of local burglaries. But the police said there had been only one recent theft from an unlocked car in the neighborhood.[76]
Travis attempted to cut off the man with his truck. The man turned and began "running back in the direction from which he came".[93] The report states that Bryan, who was erroneously identified as "Roddy [sic]", also tried to cut off the man, but failed.[60][21] Gregory said he saw the unidentified man and yelled: "Stop, stop, we want to talk to you", and that they pulled up to the man, with Travis exiting the truck with the shotgun in hand. Gregory claimed the man "began to violently attack Travis" before two shots were fired.[3][93] The man died at the scene after "bleeding out", the report concluded. Authorities later identified the man as Arbery.[93]
Autopsy[edit]
The autopsy report released by the GBI ruled Arbery's death was a homicide caused by three gunshot wounds he sustained "during a struggle for the shotgun" that fired those shots.[94][95][96] One gunshot wounded the upper left chest, one gunshot wounded the lower middle chest, and one gunshot caused a "deep, gaping" graze wound to the right wrist. There were no alcohol or drugs in Arbery's body, other than a "tiny amount" of THC, the psychoactive component of cannabis.[97][98]
Case handling by prosecutors[edit]
Brunswick Judicial Circuit District Attorney[edit]
The case started under the jurisdiction of Brunswick Judicial Circuit District Attorney Jackie Johnson.[99][100] Because Gregory McMichael had previously worked as an investigator in her office, Johnson recused herself from further involvement in the case.[101] On February 27, 2020, the case was transferred by the Georgia Attorney General's Office to the Waycross Judicial Circuit District Attorney's office. The Waycross Judicial Circuit is south of Brunswick Judicial Circuit.[102]
On March 8, two Glynn County commissioners, citing discussions with Glynn County police, accused Johnson, or her office, of preventing the McMichaels' immediate arrest. Commissioner Allen Booker said: "The police at the scene went to her, saying they were ready to arrest both of them. These were the police at the scene who had done the investigation. She shut them down to protect her friend [Gregory] McMichael." Commissioner Peter Murphy said that officers who responded at the scene had concluded that there was probable cause to make an arrest, but when they contacted Johnson's office, they "were told not to make the arrest."[100]
Johnson's office said that Johnson did not "have any conversation with any GCPD officer about this case" on February 23, and that "no Assistant District Attorney in the office directed any Glynn County police officer not to make an arrest".[99] Johnson's office also blamed the GCPD for being "unable to make a probable cause determination on its own" and argued that it was the local police's responsibility, not the District Attorney's responsibility, to make arrests.[103] It is common for police to consult with the district attorney's office in the aftermath of homicides or other complex cases.[99]
On May 9, the GCPD said that on February 23 the Brunswick District Attorney's Office "became involved in the investigation ... The McMichaels were deemed not to be flight risks and officers were advised by the [Brunswick District Attorney's Office] that no arrests were necessary at the time."[99][14]
On February 28, 2022, it was reported that the state bar dismissed complaints filed by Georgia lawmakers against former Brunswick Judicial Circuit District Attorney Jackie Johnson and Waycross Judicial Circuit DA George Barnhill.[104]
Waycross Judicial Circuit District Attorney[edit]
The GCPD said that on February 24, Waycross Judicial Circuit District Attorney George Barnhill told them that the murder of Arbery "was justifiable homicide."[99][105][106] According to a memorandum written by Barnhill to the GCPD on April 2, Barnhill gave the GCPD "an initial opinion the day after the shooting" on February 24.[15][16] In the April 2 memorandum, Barnhill wrote: "The autopsy supports the initial opinion we gave you on February 24, 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."[42] But, according to the Office of the Georgia Attorney General on May 10, Barnhill had not yet been appointed to handle Arbery's case on February 24, and he had not put in a request to handle the case.[16][107]
The Georgia Attorney General's Office on May 10 identified the following events as having happened on February 27: the Georgia Attorney General's Office received the request from Johnson's office to transfer Arbery's case to another prosecutor. On the same day, the Georgia Attorney General's Office appointed Barnhill as the presiding prosecutor. Neither Johnson nor Barnhill informed the Georgia Attorney General's Office that Barnhill had already actively participated in the case by reviewing evidence and giving his opinion on whether arrests should occur.[16][107]
On April 1, Arbery's autopsy report was given to Barnhill.[108] On April 2, Barnhill wrote a memorandum to Glynn County police, recommending that no arrests be made.[16][17] Barnhill wrote that the McMichaels were within their rights to chase "a burglary suspect, with solid firsthand probable cause";[3][108] that "Arbery initiated the fight"; and that Travis McMichael "was allowed to use deadly force to protect himself" when "Arbery grabbed the shotgun".[108][109]
Barnhill cited Georgia's citizen arrest law, dating to the Civil War era, as justifying the murder of Arbery (the Georgia law says that either a crime must be committed within the citizen's "immediate knowledge", or there must be "reasonable and probable grounds of suspicion" for a felony crime).[110] Barnhill alleged that videos of Arbery entering the home under construction on the day of the shooting showed Arbery "burglarizing a home immediately preceding the chase and confrontation."[91]
The attorneys representing the Arbery family responded: "This video is consistent with the evidence already known to us. Ahmaud Arbery was out for a jog. He stopped by a property under construction where he engaged in no illegal activity and remained for only a brief period. Ahmaud did not take anything from the construction site. He did not cause any damage to the property. He remained for a brief period of time and was not instructed by anyone to leave but rather left on his own accord to continue his jog. Ahmaud's actions at this empty home under construction were in no way a felony under Georgia law. This video confirms Mr. Arbery's murder was not justified, meaning the actions of the men who pursued him and ambushed him were unjustified."[85]
The owner of the unfinished home, who was 90 miles (140 kilometers) away at the time of the shooting, later said, "I've never had a police report [on my property], or anything stolen from my property, or any kind of robbery."[99] Barnhill wrote that "Arbery's mental health and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man."[3][111] Lastly, Barnhill informed the Glynn County police that he was going to recuse from the case due to connections between his son and Gregory McMichael.[18]
On April 7, Barnhill wrote to Georgia's Attorney General, Christopher M. Carr, saying Arbery's "family are not strangers to the local criminal justice system", noting that Arbery's brother and cousins had encounters with the law.[56] Barnhill told Carr that there was "video of Arbery burglarizing a home immediately preceding the chase and confrontation".[3]
The Georgia Attorney General's Office on May 10 said the following events happened on April 7: it received a request from Barnhill's office to transfer Arbery's case to another prosecutor,[16][107] and Barnhill revealed that he had learned "about 3–4 weeks ago" that Arbery had previously been prosecuted by his son, a prosecutor for the Brunswick Circuit District Attorney's Office, in an earlier case. He also said that one of the defendants had served as an investigator on the same prosecution (this is a reference to Gregory McMichael, who was employed by the Brunswick D.A.'s Office).[16][107][56] The request did not explain why Barnhill had delayed in recusing his office from the case, did not mention that Barnhill had advised Glynn County police on April 2 to make no arrests, and omitted Barnhill's involvement on February 24, instead recounting only his involvement "upon taking the case".[16][107]
On April 13, after Barnhill's recusal, the Georgia Attorney General's Office appointed Atlantic Judicial Circuit District Attorney Tom Durden to take over the handling of the case.[112] The Atlantic Judicial Circuit is the immediately adjacent circuit to the north of Brunswick Judicial Circuit.[102]
Aftermath[edit]
Imprisonments[edit]
On August 23, 2022, the McMichaels and Bryan were transported to the Georgia Diagnostic and Classification State Prison.[236]
In January 2023, Gregory McMichael was moved to the Augusta State Medical Prison. McMichael's attorney cited a recent stroke and depression, plus a hate crime sentencing as reasons for the move. Travis McMichael was moved to Hays State Prison while William Bryan was moved to Valdosta State Prison.[237][238]
Indictment of former DA Jackie Johnson[edit]
In May 2020, Georgia Attorney General Chris Carr said that his office would review how the investigation into Arbery's murder "was handled from the outset".[99] At Carr's request, the GBI investigated whether District Attorney Jackie Johnson or District Attorney George Barnhill's actions in connection with the appointment of a conflict prosecutor to investigate the murder of Arbery constituted a crime.[97] In November 2020, Jackie Johnson lost her bid for re-election as Brunswick District Attorney.[239]
On September 2, 2021, Carr announced that a Glynn County grand jury had indicted ex-District Attorney Jackie Johnson on one felony count of violating the oath of a public officer "by showing favor and affection to Greg McMichael during the investigation" (Gregory was formerly her subordinate), and for being unfair to Arbery by having "recommended Barnhill to the Attorney General's Office for appointment as the case prosecutor without disclosing that she had previously sought Barnhill's assistance on the case". The grand jury also indicted Johnson on one misdemeanor count of obstruction and hindering law enforcement, in this case the Glynn County police, "by directing that Travis McMichael should not be placed under arrest."[44][45] On September 8, Johnson turned herself in for arrest, and then was released from detention without needing to pay her $10,000 bond.[239][240]
In response to a motion from Johnson to dismiss the charges against her, in May 2022 prosecutors submitted a response showing that Johnson engaged in 16 phone calls with defendant Greg McMichael in the period starting on the day of the shooting and extending until May 5, 2020. One of the calls lasted over 21 minutes.[241]
Federal review of case[edit]
Georgia Attorney General Carr called for a federal investigation into how local investigators and authorities handled the case, including "investigation of the communications and discussions by and between the Office of the District Attorney of the Brunswick Judicial Circuit and the Office of the District Attorney of the Waycross Judicial Circuit related to this case."[242]
The next day, the U.S. Department of Justice responded that the Justice Department's Civil Rights Division, the FBI, and the U.S. Attorney for the Southern District of Georgia "have been supporting and will continue fully to support and participate in the state investigation. We are assessing all of the evidence to determine whether federal hate crimes charges are appropriate."[243][244] In April 2021, all three men were indicted for federal crimes – one count each of interference with rights (a hate crime), one count each of attempted kidnapping, and one count for each McMichael of using a firearm during a crime of violence.[7]
Reporting on prior allegations of misconduct by local authorities[edit]
The involvement of the GCPD as the primary investigator in a case involving its former officer Gregory McMichael was controversial.[43] Following Arbery's murder, media investigated the history of the GCPD.[245][246] The New York Times noted that in preceding years, the department had "been accused of covering up allegations of misconduct, tampering with a crime scene, interfering in an investigation of a police shooting and retaliating against fellow officers who cooperated with outside investigators."[245]
Days after Arbery was fatally shot, the chief of police – who had been brought in to clean up a police force described by the county manager in 2019 as poorly trained and characterized by a "culture of cronyism" – was indicted on charges arising from an alleged cover-up of a sexual relationship between an officer and an informant.[245] In response to a grand jury report issued in November 2019, which had condemned the GCPD over "alleged officer misconduct and poor coordination with the local sheriff's office", State Senator William Ligon of Brunswick in early 2020 introduced legislation to allow voters to abolish the Glynn County Police Department. Although the legislation initially stalled in the General Assembly, when the legislature returned following the COVID-19 recess the House passed the legislation 152–3.[247][248] The Senate then passed the legislation as Senate Bill 509, which Governor Kemp signed. The legislation allowed a November 3, 2020, binding referendum such that the police department would be abolished if a majority of Glynn County voters agreed.[249] Nevertheless, the referendum was ruled unconstitutional by a superior court judge on September 11, 2020, so it did not appear on the November 3 ballot.[250][251]
Arbery's murder 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 white woman through her car windshield. Four former prosecutors, who had worked under Brunswick Judicial Circuit District Attorney Jackie Johnson, alleged that Johnson shielded the officers from criminal prosecution. A 2015 investigation by WSB-TV revealed that Johnson had agreed to withhold a draft murder indictment from the grand jury and had "allowed the officers' department to present a factually inaccurate animation they created showing the car escaping through a gap and running over the officers."[246]
Hate crimes law enacted[edit]
In late June 2020, Georgia enacted new bipartisan hate crimes legislation (House Bill 426). Previous versions of the legislation had passed the state House but failed to pass the state Senate. Arbery's murder was a catalyst for passage of the bill; at the time Georgia was one of just four states without any hate-crimes legislation, as Georgia Supreme Court struck down a previous hate crimes law in 2004.[252] The law requires a higher sentence for defendants convicted of targeting a victim due to "actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability."[46]
Citizen's arrest law repealed and replaced[edit]
On February 16, 2021, exactly a week before the first anniversary of Arbery's murder, Georgia Governor Brian Kemp announced he would introduce legislation that would significantly amend the state's citizen's arrest law. Georgia's citizen's arrest law had been textually very broad in scope, dating back to the Civil War era. The legal defense argued by the defendants accused of murdering Arbery was that they were only attempting to perform a lawful citizen's arrest. Kemp criticized the law for being outdated and vague. According to Kemp, the changes would close numerous loopholes under the existing law while still protecting the rights of law-abiding citizens.[253] On March 4, 2021, the proposed changes were passed out of legislative committee in the Georgia House of Representatives by a unanimous vote. The bill – House Bill 479 – received widespread and bipartisan support.[254] The bill to repeal the citizen's arrest law passed the legislature and was signed by Governor Kemp on May 10, 2021.[255]
In repealing the citizen's arrest law, it was replaced with new legislation that allowed for certain private persons such as licensed private detectives, security guards, shopkeepers, and restaurant employees to conduct arrest under specific circumstances.[47][256]
Initial reactions[edit]
Involved parties and their families[edit]
Arbery's mother Wanda Cooper-Jones said her son was jogging when he was murdered and called for arrests to be made.[259] The Arbery family retained Benjamin Crump, S. Lee Merritt, and Chris Stewart as attorneys.[85] Meritt described the McMichaels as "vigilantes" and "a posse" who "performed a modern lynching in the middle of the day."[260] Arbery's family attorney charged that videos of earlier police encounters show a pattern of unfair treatment of Arbery based on his skin color.[261]
On May 1, Gregory McMichael told The Daily Beast he "never would have gone after someone for their color". He also said he had no direct evidence Arbery had stolen anything in the neighborhood. However, McMichael argued Arbery was on property "without permission".[17]
A lawyer for William Bryan Jr., the man who recorded the shooting using cell phone video,[124] said his client had done nothing wrong, had fully cooperated in the investigation, and "is not now, and never has been, a 'vigilante'."[99] The attorney also described Bryan as "a mechanic with a high-school education"[262] who was simply a witness to the shooting.[60][263]
Attorneys for Arbery's family called for Bryan's arrest. They said that because Bryan had participated in chasing Arbery and had "corralled" him, Bryan participated in the murder.[264]
Current and former elected officials[edit]
After the video went public, Georgia Attorney General Chris Carr said, "I expect justice to be carried out as swiftly as possible." Governor Brian Kemp said on May 7 that "Georgians deserve answers" about the incident.[113][265] Two Glynn County Commissioners, Peter Murphy and Allen Booker, called for a federal probe.[99] After viewing the video, Georgia U.S. Representative Doug Collins and U.S. Senator Kelly Loeffler said it was "disturbing" and called for a full investigation and answers.[266]
Speaking to reporters, President Donald Trump commented, "My heart goes out to the parents and to the loved ones of the young gentleman. It's a very sad thing."[267] Then-presumptive 2020 Democratic presidential nominee Joe Biden, said that "the video is clear: Ahmaud Arbery was killed in cold blood." Biden offered condolences and called for "a swift, full, and transparent investigation into his murder."[265] Biden also described the shooting as a lynching.[268]