1st day of trial wraps up in Ahmaud Arbery murder case after controversy over jury

Three Georgia men are accused of chasing down and killing Ahmaud Arbery.

Last Updated: November 8, 2021, 8:28 AM EST

The murder trial of three white Georgia men charged in the 2020 killing of Ahmaud Arbery, a 25-year-old Black man prosecutors allege was "hunted down" and shot to death while out for a Sunday jog, has begun.

The evidence portion of the high-profile case kicked off just after 9 a.m. Friday in Glynn County Superior Court in Brunswick, Georgia.

"I do feel like we're getting closer to justice for Ahmaud day by day," Arbery's mother, Wanda Cooper-Jones, said in an interview scheduled to be broadcast Friday night on ABC's "Nightline."

Ahmaud Arbery, 25, was allegedly killed by a father and son while jogging on Feb. 23, 2020.
Courtesy Arbery family

The trial started under a cloud of controversy after a jury comprised of 11 white people and one Black person was selected on Wednesday, prompting an objection from prosecutors that the selection process, which took nearly three weeks, ended up racially biased.

On Thursday afternoon, one of the seated jurors, a white woman in her 40s or 50s, was dismissed from the panel for undisclosed medical issues. One of the alternate jurors, a white person, replaced her, bringing the number of alternates to three. All of the alternates are white.

PHOTO: Greg McMichael, center, listens to his attorney during a motion hearing at the Glynn County Courthouse, Nov. 4, 2021, in Brunswick, Ga.
Greg McMichael, center, listens to his attorney during a motion hearing at the Glynn County Courthouse, Nov. 4, 2021, in Brunswick, Ga. McMichael and his his son, Travis McMichael, and a neighbor, William "Roddie" Bryan, are charged with the February 2021 slaying of 25-year-old Ahmaud Arbery.
Stephen B. Morton/Pool via AP
PHOTO: Travis McMichael attends the jury selection in his trial at the Gwynn County Superior Court, in Brunswick, Georgia, Oct. 27, 2021.
Travis McMichael attends the jury selection in his trial, together with Gregory McMichael and their neighbor, William "Roddie" Bryan, charged with the February 2020 death of Ahmaud Arbery, at the Gwynn County Superior Court, in Brunswick, Georgia, Oct. 27, 2021.
Octavio Jones/Reuters
PHOTO: William "Roddie" Bryan, right, listens to proceedings during a motion hearing at the Glynn County Courthouse, Nov. 4, 2021, in Brunswick, Ga.
William "Roddie" Bryan, right, listens to proceedings during a motion hearing at the Glynn County Courthouse, Nov. 4, 2021, in Brunswick, Ga. Bryan, Greg McMichael and his son, Travis McMichael, are charged with the February 2021 slaying of 25-year-old Ahmaud Arbery.
Stephen B. Morton/Pool via AP

The three defendants are Gregory McMichael, 65, a retired police officer; his son, Travis McMichael, 35; and their neighbor, William "Roddie" Bryan, 52.

The men have pleaded not guilty to charges of murder, aggravated assault and criminal attempt to commit false imprisonment.

The McMichaels and Bryan were also indicted on federal hate crime charges in April and have all pleaded not guilty.

Arbery was out jogging on Feb. 23, 2020, through the Satilla Shores neighborhood near Brunswick when he was killed.

Nov 05, 2021, 12:10 PM EDT

Arbery's mother breaks down as death video played

Dunikoski methodically went through the events of Feb. 23, 2020, the day Arbery was killed.

She said it started around 1 p.m. when Gregory McMichael saw Arbery run past his home and allegedly assumed Arbery was a burglar seen in security videos a neighbor showed him. Dunikoski said at no time did Gregory McMichael ever see Arbery at the house under construction or had any reason to believe Arbery had committed a felony, grounds for making a citizens' arrest.

PHOTO: Gregory McMichael sits during opening statements in the trial of Ahmaud Arbery's killers at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga.
Gregory McMichael sits during opening statements in the trial of Ahmaud Arbery's killers at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga. McMichael and his his son, Travis McMichael, and a neighbor, William "Roddie" Bryan, are charged with the Feb. 2021 slaying of 25-year-old Ahmaud Arbery.
Pool/Getty Images

Dunikoski said Gregory McMichael ran into his home, armed himself with a handgun and got his son, Travis. She said Travis armed himself with a Remington 12-gauge pump-action shotgun and that he and his father got into his pickup truck and chased after Arbery.

She said that Bryan joined the chase with his pickup truck, not knowing why the McMichaels were chasing Arbery. Dunikoski said that during the five-minute chase of Arbery, Bryan attempted to strike the man with his pickup on four different occasions and admitted to running Arbery off the road and into a ditch.

Dunikoski played a cellphone video of the moment Arbery was cornered between the McMichaels' pickup and Bryan's truck and when Travis McMichael got out of his vehicle and shot Arbery.

PHOTO: Travis McMichael speaks with defense attorney Jason Sheffield during opening statements in the trial of Ahmaud Arbery's killers at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga.
Travis McMichael speaks with defense attorney Jason Sheffield during opening statements in the trial of Ahmaud Arbery's killers at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga. McMichael and his his son, Travis McMichael, and a neighbor, William "Roddie" Bryan, are charged with the Feb. 2021 slaying of 25-year-old Ahmaud Arbery.
Pool/Getty Images

As the video was played, Arbery's mother, Wanda Cooper-Jones, who was sitting at the rear of the courtroom, broke down in tears.

Dunikoski also played a 911 call Gregory McMichael made at 1:14 p.m. and described an emergency: "I'm here in Satilla Shores. A Black male is running down the street."

"This was an attack on Mr. Arbery for five minutes and the only thing Mr. Arbery did was try to run away," Dunikoski said.

Nov 05, 2021, 10:47 AM EDT

Videos of Arbery in home under construction shown

Dunikoski said the evidence will show that the defendants wrongly assumed Arbery was burglarizing a home under construction in their neighborhood.

The prosecutor played multiple videos of Arbery inside the unfinished home dating back to Oct. 25, 2019, to show that Arbery had a routine of running through the Satilla Shores neighborhood where the defendants lived.

But Dunikoski said none of the videos showed Arbery stealing or damaging anything. She said that after Arbery was captured on surveillance video on Feb. 11, 2020, the owner of the home under construction, Larry English, told the McMichaels through a sheriff's deputy that the unidentified Black man had been seen on security video at the home before and that he never stole anything.

Dunikoski also played a body-camera video of a sheriff's deputy speaking to the McMicheals outside the home under construction.

"At no time on this video do you hear the words burglary or attempted burglary," she said, referring to the reasons the McMichaels claimed they were attempting to make a citizen's arrest of Arbery.

Nov 05, 2021, 12:37 PM EDT

Prosecutor gives opening statement

Dunikoski, the lead prosecutor in the case, began her opening statement by telling the jurors why they were there.

"We are here because of assumptions and driveway decisions," Dunikoski said.

PHOTO: Prosecutor Linda Dunikoski speaks during opening statements in the trial of the accused killers of Ahmaud Arbery at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga.
Prosecutor Linda Dunikoski speaks during opening statements in the trial of the accused killers of Ahmaud Arbery at the Gwynn County Superior Court on Nov. 5, 2021 in Brunswick, Ga. Greg McMichael and his son, Travis McMichael, and a neighbor, William "Roddie" Bryan, are charged with the February 2021 slaying of 25-year-old Ahmaud Arbery.
Pool/Getty Images

"A very wise person once said do not assume the worst of another person's intentions until you actually know what's going on with them."

Dunikoski went on, "And in this case, all three of these defendants did everything that they did based on assumptions. And they made decisions in their driveways based on assumptions that took a young man's life and that's why we are here."

Nov 05, 2021, 9:52 AM EDT

Jury sworn in

The jury of 11 white people and one Black person was sworn in by Judge Walmsley.

The judge acknowledged that many of the jurors have never served on a jury before. During his instructions, he went over the charges against the three defendants and told jurors the men have all pleaded not guilty to the charges.

"The charges and the plea of not guilty are of evidence of guilt," Walmsley told the panel, which sat socially distant, divided between the jury box and one side of the courtroom gallery.

"The defendants are presumed innocent until each is proven guilty. Each defendant enters upon the trial of the case with a presumption of innocence in his favor," he said.

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