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Ahmaud Arbery death trial live updates: 3 found guilty of murder
Arbery was fatally shot on Feb. 23, 2020, in Satilla Shores, Georgia.
A Georgia jury resumed deliberating on Wednesday the fates of three white men charged with trapping Ahmaud Arbery with their pickup trucks and fatally shooting him.
"Your oath requires that you will decide this case based on the evidence," Judge Timothy Walmsley told the jury before sending the panel off to begin their deliberations on Tuesday.
The jury got the case after Linda Dunikoski, the Cobb County, Georgia, assistant district attorney appointed as a special prosecutor in the Glynn County case, took two hours to rebut the closing arguments made on Monday by attorneys for the three defendants.
The jury, comprised of 11 white people and one Black person, heard wildly different summations on Monday of the same evidence in the racially-charged case. Dunikoski alleged the defendants pursued and murdered Arbery because of wrong assumptions they made that the Black man running through their neighborhood had committed a burglary, while defense attorneys countered that Arbery was shot in self-defense when he resisted a citizen's arrest.
Travis McMichael, the 35-year-old U.S. Coast Guard veteran; his father, Gregory McMichael, 65, a retired Glynn County police officer, and their neighbor, William "Roddie" Bryan, 53, each face maximum sentences of life in prison if convicted on all the charges.
The defendants have pleaded not guilty to a nine-count state indictment that includes malice murder, multiple charges of felony murder, false imprisonment, aggravated assault with a 12-gauge shotgun and aggravated assault with their pickup trucks.
The McMichaels and Bryan were also indicted on federal hate crime charges in April and have all pleaded not guilty.
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'Without Roddie Bryan, there is no case,' attorney says
William "Roddie" Bryan's attorney, Kevin Gough, began his summation by telling the jury that his client never knew the McMichaels brought guns to chase Arbery or that he was aware that Travis McMichaels was going to shoot Arbery.
"The inconvenient truth is that Roddie Bryan did not know and could not know that these men were armed until moments before Mr. Arbery's tragic death," Gough said. "He did not know that Arbery would be shot and by that time, sadly, there was nothing Roddie Bryan could do to prevent this tragedy."
Gough said that from the get-go, Bryan cooperated with the police, providing several statements, his home security video and the now-famous cellphone video he took that captured part of the fatal shooting.
"Ladies and gentlemen, without Roddie Bryan, there is no case," Gough said.
Gough said Bryan had no lawyer present when police first interviewed him.
"These actions, ladies and gentlemen, only demonstrate good faith, his conduct (is) negative of any inference of criminal intent."
Bryan's attorney raises concerns over 'Black Panthers' outside courthouse
Before giving his closing argument, William "Roddie" Bryan's attorney, Kevin Gough, made a motion for a mistrial based on activities he said were happening outside the courtroom.
"Protesters, whether they were the Black Panthers group or some other group were behind the barriers in front of the courthouse ... there was a truck carrying a coffin with the names of the defendants on it," Gough told Judge Timothy Walmsley.
Gough alleged the Black Panthers have specifically said "their specific objective was to influence the proceedings in this case."
He said "large weapons, apparently automatic weapons" were also seen outside the courthouse.
"I don't know whether they intended to scare the defendants but I have co-counsel with a small child who is scared to death," Gough said.
Walmsley denied the motion saying he's been given no indication that things were getting out-of-hand outside the courtroom and that there was no evidence the jurors were exposed to anything intimidating.
Gregory McMichael's attorney says don't make Arbery a victim
Laura Hogue, an attorney for Gregory McMichael, pleaded with the jury not to make Arbery out as an innocent victim, suggesting the man with a big smile made bad decisions that led him to Satilla Shores on the day he died.
Hogue prompted gasps in the courtroom, saying, "Turning Ahmaud Arbery into a victim after the choices that he made do not reflect the reality of what brought Arbery to Satilla Shores in his khaki shorts with no socks to cover his long dirty toenails."
She said prosecutors have not proven that Gregory McMichael is guilty of malice murder and therefore innocent of all the rest of the charges he faces.
"Gregory McMichael pulled no trigger. How could the state seek a conviction for malice murder as Greg stood in the back of the pickup truck on the phone with 911 as the fatal shots were fired?" Hogue asked the jury.
Defense attorney alleges Arbery was assaulting Travis McMichael with his fists
Defense attorney Jason Sheffield said that when Travis McMichael and his father got into their truck and chased Arbery on Feb. 23, 2020, they had probable cause that Arbery had committed a felony break-in based on the totality of evidence they had at the time.
The defense attorney cited the increase in crime in the Satilla Shores neighborhood, the confrontation Travis McMichael had with Arbery 12 days earlier at the unfinished home in which he believed Arbery was armed, that he had previously been shown security video of the young Black man in the home on several occasions and that suddenly there was a neighbor pointing in the direction the same man was running after he left the construction site.
"Travis believes he's committed the offense of burglary," Sheffield said.
Sheffield said that under the law, the McMichaels had the right to make a citizens' arrest and to be armed with firearms to make the arrests.
He said Travis McMichael was keeping an eye on Arbery to tell police the man's whereabouts when Arbery found himself between Bryan's pickup truck and the McMichaels' truck.
Sheffield said that as Arbery ran directly at Travis McMichael, he was told the stop and even turned around when Travis McMichael reached into his truck and pulled out his shotgun.
Sheffield said the second time Arbery allegedly charged at Travis McMichael, the defendant raised his weapon as a deterrent and that he was fearful Arbery had a gun and was just hoping he would keep running by.
The defense attorney then told the jury that when Arbery came around the front of Travis McMichael's truck and physically confronted the armed man and was using his fists as a weapon.
"Fists are that weapon," Sheffield said, adding that at that time, Travis McMichael fired three shots at Arbery he was afraid Arbery "would beat him with his fists," take his gun and kill him.
Playing a video Bryan took that partly showed the fatal struggle, Sheffield asked, "Is there any question that Ahmaud Arbery is assaulting Travis McMichael right before that third shot? Not one single bit of question."
"It is absolutely horrific and tragic that this has happened and this is where the law becomes intertwined with heartache and tragedy," Sheffield said. "You are allowed to defend yourself, you are allowed to use force that's likely to cause death or serious bodily injury if you believe it's necessary."
He asked the jury to acquit Travis McMichael on all charges.
Defense attorneys call for a mistrial
As prosecutor Linda Dunikoski continued her rebuttal argument, defense attorneys for Greg and Travis McMichael objected several times, accusing Dunikoski of misstating the law that pertains to citizen's arrest.
After one of the defense attorneys called for a mistrial in front of the jury, Judge Walmsley sent the panel out of the courtroom.
Walmsley appeared frustrated at all the interruptions to Dunikoski's rebuttal, saying, "I like to get the closing arguments done."
Walmsley denied the motion for a mistrial, telling the attorneys, "I indicated the law is going to be provided to the panel. I've indicated the court's position with respect to the law."