Prosecutors argued that defense lawyers were seeking to put Arbery on trial by making his criminal record and other prior problems part of the case.
None of the three defendants knew Arbery, or anything about his past, prior to the shooting. Prosecutors said his past was irrelevant to their decision to arm themselves and ultimately shoot a man who was trying to run away.
In a written order, Superior Court Judge Timothy Walmsley ruled 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.”
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The character of victim is neither relevant nor admissible in murder trial,” the judge wrote in his ruling Monday.
The McMichaels pursued Arbery in a pickup truck after they spotted him running in their neighborhood Feb. 23, 2020. Bryan joined the chase and took cellphone video of Travis McMichael shooting Arbery three times at close range with a shotgun.