New video emerges in fatal Georgia shooting of unarmed black man

Lee Merritt, the attorney for the family of Ahmaud Arbery, speaks out after prosecutors decide to send the case to a grand jury.
7:00 | 05/06/20

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Transcript for New video emerges in fatal Georgia shooting of unarmed black man
But turn announces some disturbing new video out of south Georgia and we want to warn you in advance it is graphic and may be difficult to watch. Take a look this is 23 year old Aman arm prairie police say that he was gunned down while out for a jog back in February. This week new video surfaced of that shooting and today the decision at a grand jury will review the case and decide. The two men should be tried for murder. ABC's Steve Olson Sonny joins us now with more Steve. Lately the video recorded on someone's cellphone it's difficult to watch it shows the moment in February when 25 year old. A mod Aubrey is killed. Yeah. It looks like he's simply talking sports that men with guns were stopped in white pickup truck. This is an Brunswick Georgia near the Florida line and according to police the tomb and had chased him to this spot. Thinking that he was somehow connected to recent Ricans. In the neighborhood according to this police report. The two men are a father and son the two men with guns Gregory and Travis make Michael. The sun is the one seen on camera shooting the young black man at least once at close range. And what has really hindered this investigation is the following fact. The father. Seen in the video inside the truck is a former investigator. With the local district attorney. Because of this the DA in the county where this happened at defend the case to another DA. Who also had a conflict of interest for the same reason and now there's a third DA. Who is working this case the father and son told police that they were making a citizens arrest. And that the 25 year old bought back which isn't clear in the video. And that he was shot and killed in an act of self defense. But the young man was unarmed and according to his family he loved dog and without running just a few miles from his home. The latest prosecutor who only started investigating this case on April 13. Decided today that this case needs to be put before a grand jury. But because it hold it ninety that won't happen until the courts reopen. In the middle of June and no one has been charged in this case at this point the young man's family wants the truth. And justice for theirs on his friends believe that the white men with guns this took him. Or someone else there are Paul for the US Justice Department to investigate. Stevenson's on ABC news Atlanta. Our thanks to Steve for that report we're joined now by lean merit he's the attorney for the armory family thanks so much for joining us mr. Merritt. So first let's talk about this hitting you so the someone posted anonymously on the Internet how did you find it and has a prosecutor's office said anything to you about this video. We knew what do you existed do it it appears in a statement from the previous district attorney shorts or no. We can't investor I eight colts lose similarly anonymously in these foreign Overton vehicle took a mile marker. So the two are men in that video reportedly said that there have been several break ins in the area and that they were using a citizen's arrest statute in Georgia to justify the shooting. What do you say to that. It's a recent invention what they sit initially what makes or client though was so the mother of my partner was that he was the ball in the burglary and that beat all that he was burglarized needs the sports and ordered stuff. It's not we're at near or under this did you look at the video that looks even eat. La was later so that they were performed a citizens arrest is undermined by this video this video so the man. Rope east at all. They inserted themselves in his head. Outlook using you willing weapons in the head no but so is to class with the means. So a model was shot and killed more than two months ago retired not February 23 so why is it taken so long for prosecutors to decide indication go to grand jury. Short answer is because George Michael still working up to. The law course new. The more complicated answer does a supplement dual O nineteen. And it's been musical outweighs its equal the state of Georgia the Supreme Court is celebrated. Its solicitation sting be presented to a grand jury. It does not mean it is b.'s meet your risk. The district attorney as yet Gordon to India in the league. Direct you date these men and crimes that they clearly committed than in this video big deal or even do that when there's clear and compelling evidence like the video that you saw today. Right and again just to reiterate that the two men in the video had not been arrested. You're saying that this is coated ninety related but I have to imagine that if people are seen in videos potentially. Shooting someone who dies come at nineteen is not an act adequate explanation why. Break this mathematical explanation why the arrest incident make the only thing that rural borrowers. Helps explain this why a grand jury has not been entitled to it's only in Dayton. Because of the suspect's ties to law enforcement community you've said that you have concerns about the investigation can you elaborate on and I know you talked a little bit about it already. Sure any legal expert who was looking at this video is going to conclude that these an anchor. Committed murder. In stated you'd had a strained. One of the men and blow Brenda George Michael. Or Gregory meek Michael say their. All for a defense. Bit bit that these men were engaged in some sort citizen the rest the connections with citizen arrested so. To. Unattainable. That that that they had local some other theory. About how the student they just simply doesn't make sense. So you don't think and that it all. Is a viable explanation idea of a citizen's arrest that they thought that this was guy that they in scene apparently on some surveillance video breaking into people's homes. This creek the important reason why could not be a citizen's arrest is under that statute. S citizen would exit path to observer crime to complex a model artery is only at certain running down their grow even if there's something that we didn't see our camera these men gave state crystal ball courts. In May say we saw him the worst that he has ever been accused notes will look he Neitzel a home that was under construction. I bet that has by no script to the imagination a burglar or any crime whatsoever in Seoul without a crime does not support citizen congress. All right leave merit we thank you so much for your time I'm sure we are going to be hearing a lot about this case in the coming days and weeks.

This transcript has been automatically generated and may not be 100% accurate.

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