IT’S 7.22 THIS MORNING, WE’RE DIGGING DEEPER INTO THE SHOOTING DEATH OF 25 YEAR-OLD
AHMAD ARBERY LAST FEBRUARY A
BRUNSWICK
SUBURB SPECIFICALLY, HOW IT
MIGHT RELATE TO THE STATES
CITIZENS ARREST LAW AS
PURPORTED BY ONE OF THE
DISTRICT ATTORNEYS, THE DECLINE
TO PROSECUTE THE MAN WHO SHOT
ARBERY CITING THAT LAW AS WE
SHOWED YOU THIS TIME YESTERDAY
MORNING AND EARLIER
VIDEO WHICH IS NOW AT THE
CENTER OF THE INVESTIGATION
CAPTURED HIM ODD ARBERY’S
SHOOTING DEATH AFTER HE WAS
CONFRONTED BY TRAVIS MCMICHAEL
AS ARBERY RAN DOWN SATILLA
DRIVE AT 1 O’CLOCK THAT
FEBRUARY AFTERNOON ARBERY IS
THE ONE WEARING YOU SEE HIM
HE’S WEARING THAT WHITE SHIRT
AND SHORTS. THE VIDEO PANS OFF
FOR A FEW SECONDS AND DOES NOT
SHOW WHAT HAPPENS WHEN OUR BREE
WAS CONFRONTED BY
TRAVIS MCMICHAEL BUT IT DOES
EVENTUALLY SHOW ARBERY
STRUGGLING WITH MCMICHAEL WHO
WAS ARMED WITH A SHOTGUN ARBERY
IS SEEN HITTING MCMICHAEL
SEVERAL TIMES ARBERY WAS
NOT ARMED MAKE MICHAEL’S FATHER
TOLD POLICE HE WITNESSED WHAT
HAPPENED AND IT’S BELIEVED HE
IS THE MAN STANDING IN THE BED
OF THE PICKUP TRUCK RIGHT HERE.
THAT HAD PARKED IN THE MIDDLE
OF THE ROAD BASICALLY WAITING
FOR ARBERY WHO WAS
RUNNING BEHIND. IT APPEARS THAT
HE IS HOLDING A GUN AS WELL NOW
IT’S IMPORTANT TO NOTE
THAT GREG MCMICHAEL THE
SHOOTER’S FATHER RETIRED LAST
YEAR AS AN INVESTIGATOR WITH
THE BUT BRUNSWICK DISTRICT
ATTORNEY’S OFFICE AND BEFORE
THAT HAD ALSO BEEN A POLICE
OFFICER IN GLYNN COUNTY.
NOW THIS IS IMPORTANT
INFORMATION OF COURSE BECAUSE
HE TOLD POLICE THAT ARBERY
MATCHED THE DESCRIPTION OF A
MAN SEEN PREVIOUSLY
BURGLARIZING HOMES AND THAT HE
AND HIS SON
STARTED TO FOLLOW ARBERY WHEN
HE SAW THE 25 YEAR-OLD RUN BY
HIS HOUSE IS A NARRATIVE FROM
THE POLICE REPORT. NEITHER
GREG MCMICHAEL NOR HIS SON
TRAVIS WHO FIRED THE DEADLY
SHOT HAS BEEN CHARGED IN ARBOR
A SHOOTING DEATH. SO WHY HAS
NOTHING HAPPENED IN THE CASE
FOR 2 AND A
HALF MONTHS. THE BRUNSWICK
DISTRICT ATTORNEY, JACKIE
JOHNSON DECLINED TO TAKE THE
CASE FIRST BECAUSE GREG
MCMICHAEL HAD WORKED IN THE
SAME OFFICE AS AN INVESTIGATOR.
IT WAS THEN PASSED TO THE
WAYCROSS DISTRICT ATTORNEY’S
OFFICE WHERE ACCORDING TO
DOCUMENTS OBTAINED BY THE NEW
YORK TIMES THAT DISTRICT
ATTORNEY ADVISED GLYNN COUNTY
POLICE THAT THERE WAS
INSUFFICIENT PROBABLE CAUSE TO
ARREST
TRAVIS MCMICHAEL OR HIS FATHER
ARGUING THAT THEY HAD ACTED
LEGALLY UNDER THE STATE’S
CITIZENS ARREST AND
SELF-DEFENSE STATUTE. IT WAS
NOT UNTIL THE VIDEO OF ARBOR A
SHOOTING DEATH WAS POSTED
ONLINE THAT THE DISTRICT
ATTORNEY IN ATLANTA IS JUDICIAL
CIRCUIT ANNOUNCED THAT HE WILL
TAKE THE CASE TO A GRAND JURY
AND LET THE GRAND JURY DECIDE
IF CHARGES SHOULD BE FILED
AGAINST
THE MCMICHAELS DOES GEORGE A
CITIZENS ARREST LAW APPLY IN
THIS CASE WHAT
ABOUT SELF-DEFENSE PAGE PATE IS
A CRIMINAL DEFENSE ATTORNEY
BRUNSWICK IS JOINING US THIS
MORNING. THE ISSUE MISTER PAY.
THANK YOU FOR BEING HERE DO
APPRECIATE IT AND WE ALSO WANT
TO POINT OUT TO OUR VIEWERS
THAT YOU’RE NOT AFFILIATED WITH
THIS CASE NOR YOU AFFILIATED
WITH ANY OF THE PEOPLE INVOLVED
CORRECT.
SO WOULD YOU PLEASE EXPLAIN
GEORGIA CITIZENS ARREST LAW.
>> SURE GEORGIA HAS A CITIZEN’S
ARREST LAW LIKE MANY STATES TO
GENERALLY ALLOW
RETAIL ESTABLISHMENTS TO
APPREHEND SOMEONE THAT THEY
THINK MAYBE SHOPLIFTING THAT
WAS THE REASON THAT STATUTE WAS
ENACTED THAT USUALLY WHERE YOU
SEE
IT APPLIED. IN A SITUATION LIKE
THIS THE ONLY TYPE OF DEFENSE
SOMEBODY COULD HAVE IF YOU’RE
IN MISTER
MCMICHAELS POSITION IS IF THEY
SAW SOMEONE COMMITTING A CRIME
AND THEN THEY
TRIED TO APPREHEND THAT PERSON
HOLD ON TO THEM JUST LONG
ENOUGH FOR THE POLICE TO SHOW
UP, BUT WHAT’S CRITICAL OF NOT
GEORGIA’S LAW.
ALTHOUGH YOU ARE ALLOWED TO
DETAIN SOMEONE AS A CITIZEN IF
YOU THINK THEY’VE COMMITTED
A CRIME. YOU CANNOT USE
EXCESSIVE FORCE SO EVEN IF
THERE WAS A CRIME COMMITTED AND
HE WAS TRYING TO
HOLD ON. MISTER ARBERY TO WAIT
FOR THE POLICE YOU CANNOT BEEN
ESCALATED AS I THINK HAPPENED
IN
THIS CASE.
>>JENNIFER WAUGH: SO I WANT TO
UNPACK THAT A LITTLE BECAUSE
THAT’S A LOT OF INFORMATION AND
I WANT TO I WANT TO SHOW YOU
CARE TO THE NARRATIVE THAT THE
MCMICHAELS THEN GAVE
OUR GREG MCMICHAEL GAVE TO LAW
ENFORCEMENT THAT DAY
IN FEBRUARY. IT SPECIFICALLY
SAYS THAT HE WAS IN HIS FRONT
YARD AND SAW THE SUSPECT FROM
THE BREAK INS.
>>JENNIFER WAUGH: HAULING AND
AN EXPLETIVE AS USE DOWN
SCINTILLA DRIVE TOWARD FOR FOR
DRIVE AND THAT’S WHEN HE SAID
HE RAN INTO HIS HOUSE CALL TO
HIS SON AND SAID TRAVIS, THE
GUY IS RUNNING DOWN THE STREET,
LET’S GO DOES THAT SUGGEST TO YOU THAT HE ACTUALLY SAW A CRIME BEING COMMITTED AT THAT
MOMENT WHICH WOULD THEN PERHAPS
ALLOW HIS DEFENSE TO BE.
>>JENNIFER WAUGH: THIS
CITIZEN’S ARREST LAW.
>>MARK COLLINS: IT REALLY
DOESN’T I MEAN LET’S FIRST
ASSUME THAT THERE WAS A CRIME
COMMITTED AND I THINK THERE’S A
DISPUTE OVER THAT THEY’RE
TALKING ABOUT SOME SURVEILLANCE
VIDEO THEY MAY
HAVE HAD.
>> THERE WAS ONLY ONE BURGLARY
REPORTED IN
THAT AREA.
>> WITHIN THE MONTH BEFORE THIS
THIS HAPPENED AND IT WAS FROM
TRAVIS MCMICHAEL STRUCK
UP THERE. BUT ASSUMING THAT
THERE WAS A BURGLARY AND
ASSUMING THEY HAD SUFFICIENT
EVIDENCE TO BELIEVE THAT IT WAS
MISTER ARBERY ALL THEY COULD
HAVE
DONE IT OR WAS SIMPLY FOLLOW
HIM GET HIS LOCATION NOTIFIED
THE POLICE AND THEN TRIED TO
DETAIN IN THE U.S. THAT DOES
NOT GIVE THEM THE RIGHT TO USE
DEADLY FORCE. >>JENNIFER WAUGH: THAT SAID THEN WHY DO YOU SUPPOSE, YOU
KNOW THIS
STATUTE HAS BEEN RAISED AS A
POSSIBLE DEFENSE AN EXCUSE AS
TO WHY THESE 2 MEN HAVE NOT
BEEN CHARGED.
>> AND THAT’S A GREAT QUESTION
AND I THINK IF YOU LOOK AT THE
POLICE REPORT IT WASN’T THE
MCMICHAELS WHO ARE RAISING THIS
IS
A DEFENSE. IT WAS THE DISTRICT
ATTORNEY IN WAYCROSS AND THE
CITIZEN’S ARREST WAS NOT WHAT
MISTER MISTER MCMICHAEL WAS
SAYING AT
THE TIME HE WAS SAYING THAT HIS
SON WAS ACTING IN SELF-DEFENSE
HE GOT OUT OF THE TRUCK HE HAD
A SHOTGUN MISTER ARBERY WAS TRYING TO TAKE IT AWAY. HE WAS
DEFENDING HIMSELF. THE DISTRICT ATTORNEY IN WAYCROSS AS PART OF HIS JUSTIFICATION NOT TO CHARGE
THESE PEOPLE ARE TO RECOMMEND
THAT THEY BE CHARGED CAME UP
WI A CITIZENS ARREST
THAT SO I UNDERSTAND WHY
THEY’RE DOING IT IF I WAS
MISTER MCMICHAELS LAWYER, IT’S
THE DEFENSE I WOULD
PROBABLY RAISE, BUT I THINK IN
THE END OF THE DAY IT DOES NOT
JUSTIFY THE USE OF DEADLY FORCE
IN THIS CASE AND LET’S TALK
ABOUT SELF-DEFENSE HERE IF WE
COULD I’M LOOKING AT THIS VIDEO
IS I HAVE MANY TIMES AND I’M
SURE YOU HAVE AS WELL I’D LIKE
TO
CALL UP.
>> SPECIFICALLY AS YOU SEE
ARBERY RUNNING, YOU KNOW DOWN
THE STREET AND THIS WHITE
PICKUP TRUCK IS PARKED
IN FRONT. YOU WERE SHOWING
RIGHT NOW THAT YOU
SEE ARBERY WAS RUNNING IN THE
MIDDLE OF THE STREET AND THEN
VEERS TO THE RIGHT PERHAPS.
TO AVOID THE MAN STANDING IN
FRONT OF HIM HOLDING
THE SHOTGUN AND THEN DOES COME
AROUND AND THERE IS A
CONFRONTATION COULD THE
ARGUMENT BE MADE THAT ARBERY
WAS NOT IN FACT THE AGGRESSOR
CONSIDERING THE FACT THAT HE
HAD PIVOTED AS IF TO PERHAPS
GET AWAY FROM THE MAN HOLDING
THE SHOTGUN.
>> OH ABSOLUTELY I DON’T THINK
THIS IS A GOOD SELF-DEFENSE
CASE FOR MISTER MCMICHAEL ME
NUMBER ONE YOU SEE OUR BREE
RUNNING DOWN
THE STREET. HE IS NOT
APPROACHING THE MCMICHAELS
HE’S NOT A THREATENING THEM HE
DOESN’T PRESENT ANY SORT OF
THREAT WHATSOEVER THEY ARE
CHASING HIM AND THEN AT THE
POINT WHERE TRAVIS MCMICHAEL
HAS THE GUN AND POINTING IT AT
OUR PARADE IT IS TOTALLY
REASONABLE AND JUSTIFIED FOR
MISTER ARBERY TO TRY TO
DEFEND HIMSELF. SO I DON’T
THINK THAT TRAVIS MCMICHAEL CAN
SAY I WAS ACTING IN
SELF-DEFENSE WHEN IT APPEARS
FROM THE VIDEO. HE WAS THE
AGGRESSOR
AND SITUATION.
>>JENNIFER WAUGH: SO LET ME UP
FAST FORWARD HERE SO WE
INTERVIEWED ARBERY’S
MOTHER YESTERDAY AND SHE SAID
THAT ON THE DAY THAT HER SON
WAS SHOT AND KILLED AT A GLYNN
COUNTY POLICE OFFICER KNOCKED
ON HER DOOR AND
TOLD HER THAT HER SON HAD BEEN
KILLED BY A HOMEOWNER WHO HAD
CONFRONTED HER SON ABOUT A
BURGLARY THAT THEY TUSSLED OVER
A HANDGUN AND HER SON WAS SHOT
AND KILLED. YET THE NARRATIVE
FROM THIS POLICE REPORT AS YOU
AND I JUST DISCUSSED MAKES NO
MENTION OF THE FACT THAT EITHER
OF THE MCMICHAELS WE’RE IN FACT
BURGLARIZED NOR DOES BASED ON
THE VIDEO THAT
WE’RE SEEING DID THIS
CONFRONTATION HAPPENED ON
ANYONE’S PROPERTY.
HOW DO YOU AS A CRIMINAL
DEFENSE ATTORNEY
IN BRUNSWICK. WRESTLE WITH THE
FACT THAT IT APPEARS THERE ARE
2 DIFFERENT SCENARIOS THAT ARE
COMING FROM LAW ENFORCEMENT.
>> YEAH, YOU KNOW IT’S REALLY
CONCERNING TO THE PEOPLE IN
THIS COMMUNITY THAT THE CASE
WAS AT LEAST INITIALLY NOT
GOING TO GET A
PROPER INVESTIGATION. I THINK
IT’S CLEAR THAT THE GLYNN
COUNTY POLICE DEPARTMENT SHOULD
NOT HAVE BEEN ASSIGNED TO
INVESTIGATE HIS CASE. THE GOOD
NEWS IS AS OF YESTERDAY THE GBI THE GEORGIA BUREAU OF INVESTIGATION HAS TAKEN OVER
THE INVESTIGATION AND I THINK
THAT’S GIVEN A LOT OF PEOPLE IN
THIS COMMUNITY, SOME RELIEF AND
SOME HOPE IT WILL GET A
THOROUGH AND INDEPENDENT LOOK
INTO EXACTLY WHAT HAPPENED.
>>JENNIFER WAUGH: PAGE PATE IS