Prosecution casts doubt on 'citizen’s arrest' defense in trial of men accused of killing Ahmaud Arbery
Prosecutors continued to try to pick apart the defense that
the men were attempting to detain Arbery for police.
Prosecutors on Tuesday continued to try to pick apart the
defense that the three white men on trial in the killing of Ahmaud Arbery were
attempting to conduct a citizen’s arrest.
Jeff Brandeberry, a Glynn County, Georgia, police patrol
officer who responded to the scene, testified Tuesday morning that Greg
McMichael, one of the three men accused in the fatal shooting, never said he
was trying to make a citizen’s arrest at the scene.
Prosecutor Linda Dunikoski asked Brandeberry whether
McMichael ever used words like “trespass” or “arrest” or said the men were
trying to detain Arbery while they waited for officers to investigate him.
“Did he ever tell you while you’re talking to him that he
was attempting to make a citizen’s arrest?” she asked.
“Did he ever tell you that ‘Oh, we’re going to detain this
guy and wait for the police to come and investigate?’” she also asked.
“No, ma’am,” Brandeberry responded to both questions.
Travis McMichael, Greg McMichael’s son, and their neighbor
William “Roddie” Bryan are also standing trial. The McMichaels armed themselves
and used Travis McMichael’s pickup truck to pursue Arbery, 25, a Black man,
after they spotted him running in their south Georgia neighborhood on Feb. 23,
2020. Bryan joined the chase and recorded cellphone video of Travis McMichael
shooting Arbery in the street three times at close range. The three men were
charged months later after the video leaked online. The video sparked national
outrage.
Defense attorneys have said the men were justified to chase
and to try to detain Arbery because security cameras had recorded him inside a
nearby home under construction and they suspected he was a burglar.
Each defense team is expected to argue that the men were
making a citizen’s arrest, which was then permitted under state law, a claim
prosecutors have tried to undercut with testimony from officers who talked with
the men after the shooting.
The first police officer on the scene testified Monday that
Bryan never told him that they were trying to make a citizen’s arrest.
Testimony on Tuesday focused on an officer who spoke with
Greg McMichael.
According to transcripts read in court Tuesday, McMichael
said he went into his bedroom and got a .357 Magnum handgun even though he did
not know whether Arbery was armed.
“I don’t know if the guy’s armed because the other night the
guy stuck his hands down his pants,” McMichael said, according to the
transcript.
“I don’t take any chances,” he said, according to the
transcript.
Brandeberry said McMichael told him that he suspected that
Arbery was a man seen on video breaking into a nearby home on “numerous
occasions.”
According to the transcript, the man in the videos had been
seen entering the house, and “nobody could ever catch him.”
Later, McMichael said in the transcript that the man “makes
frequent trips to the neighborhood and gets caught on video cameras like every
third or fourth night breaking into places and nobody’s been able to catch
him.”
Arbery was unarmed.
Prosecutors also questioned Glynn County Police Detective
Parker Marcy, who spoke to McMichael at police headquarters the same day.
The prosecution also asked Marcy whether McMichael ever used
the word “arrest” or the phrase “citizen’s arrest” or whether he indicated what
Arbery “was going to be arrested for.”
“No, ma’am,” Marcy responded.
Marcy said that according to the transcript, McMichael said
he was going to “hold” Arbery and call police so they could come “check him
out.”
Marcy also testified that McMichael said he armed himself
with the “driving factor in my mind was that my son had a missing pistol” and
he suspected that Arbery had stolen it, although he admitted that he did not
have any evidence.
“I’m pretty certain this guy, well I don’t know for a fact
and I have no reason to think that he did it, other than the fact that this
guy’s been doing this crap over and over and over,” McMichael said, according
to the transcript.
Attorneys for the McMichaels have said Travis McMichael
acted in self-defense when Arbery threw punches and tried to grab his gun.
(NBC)
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