May 13, 2020, 11:58 AM PDT
By Erik Ortiz
The killing of Ahmaud Arbery, a black man who his family says was out for a jog when two white men
followed and shot him, has put a sharp focus on open carry, citizen's arrest and "stand your ground" laws — and when claims of self-defense rightfully apply.
Legal experts and lawyers familiar with laws in Georgia, where the altercation on the afternoon of Feb. 23 escalated near the coastal gateway community of Brunswick, said the prosecution's case may hinge on cellphone video that was leaked publicly on social media last week, provoking a national outcry.
Ahmaud Arbery shooting: A timeline of the case
The video appears to show Arbery's final moments during a fight on a two-lane residential street in the Satilla Shores subdivision. The Georgia Bureau of Investigation followed up its review with the
arrest Thursday of Gregory McMichael, 64, and his son Travis, 34, on charges of felony murder and aggravated assault. It's unclear whether the McMichaels have an attorney.
"I've never seen a video create so much of a public stir as this one has," said Ronald Carlson, a professor emeritus at the University of Georgia School of Law.
A
newly appointed district attorney is preparing to present evidence to a grand jury. As the case unfolds, Carlson said, it will be up to prosecutors to make it clear who initiated the incident, who was the aggressor and whether the McMichaels' actions were unreasonable and unjustified under the law.
Previous prosecutor defends actions
The first district attorney in the case, Jackie Johnson of the Brunswick Judicial Circuit, had to recuse herself because Gregory McMichael, a former Glynn County police officer, was an investigator in her office until he retired a year ago.
In the weeks after the shooting, a second district attorney assigned to the case, George Barnhill of the Waycross Judicial Circuit, declined to pursue charges. He wrote in April that there was no probable cause to issue arrest warrants, and he later recused himself because of a conflict of interest. (The new prosecutor, District Attorney Joyette Holmes of the Cobb County Judicial Circuit, hails from metro Atlanta, a few hours away.)
Barnhill wrote to a Glynn County police captain that the McMichaels had "first hand probable cause" to pursue Arbery and that they had told police that they believed he was a "burglary suspect" in their neighborhood.
"It appears their intent was to stop and hold this criminal suspect until law enforcement arrived," Barnhill wrote. "Under Georgia Law this is perfectly legal."
