Ahmaud Arbery

ELM327

ohnonotgmail wrote: »

you haven't responded intelligently to anything i've posted so you leave me with no choice but to assume you are trolling.

If that's what you're assuming then please dont feed the troll.

Gatling

Kidchameleon wrote: »

I believe this incident is helpful to the discussion as it demonstrates Arbery's tendency to resist authority. It would suggest to me that rather than feeling threatened by the McMichaels, he was resisting their authority. He has previous for resisting authority with his gun charges etc.

Are you a qualified forensic psychologist ?

There has been no mention of any issues with authority or people in authority -
I think your making this up for a little attention.


The fat white excop had no authority (zero) over Ahmaud Arbery or anyone else for that matter

ELM327

Kidchameleon wrote: »

Some more context to the incident in Townsend Park, GA


I believe this incident is helpful to the discussion as it demonstrates Arbery's tendency to resist authority. It would suggest to me that rather than feeling threatened by the McMichaels, he was resisting their authority. He has previous for resisting authority with his gun charges etc.


A longer video:

A police report on the incident:

https://drive.google.com/file/d/1NB84hbTOdL2Hbxlv6BM1luvJXwB6MrIk/view


"I then began to walk around his vehicle to look for weapons or drugs that would be in plain view. As I walked up to the passenger side of Arbery's vehicle, he approached me and exclaimed "Don't go into my mother****in' car!" I ordered him to back up. Shortly thereafter, Tac Ofc. D. Haney #142 responded to my location. Tac Ofc. Haney was not advised that I had checked Arbery for weapons.

As Tac Ofc. Haney exited his vehicle, I advised him that I observed a plastic baggie in the center console area. Arbery began to advance toward his vehicle exclaiming, "You can't touch my ****! " Tac Ofc. Haney stopped Arbery from going into his vehicle and Arbery slid his hands in his pockets. Tac Ofc. Haney ordered him to take his hands out of his pockets while drawing his Taser. Arbery did not take his hands out of his vehicle; therefore, Tac Ofc. Haney attempted to deploy his Taser to protect himself and I from the possibility of death or seriously bodily harm. His Taser malfunctioned. We ordered Arbery to get onto the ground and he got down on his knees.

After Arbery was on the ground, I asked for consent to search his vehicle; he did not give consent. I then advised Arbery that he was free to go. He asked if he could drive his vehicle, but I advised him that since his license was suspended, he could not operate his vehicle. He ran off yelling something inaudible at us.

After Arbery left the scene, I noticed that his driver-side window was slightly opened. I placed my nose near the opening of the vehicle and smelled the odor of what I believed to be burned marijuana and observed a plastic baggie in the center console with some sort of leafy substance inside."

Thanks, this is interesting as it colors the personality of mr Arbery a lot more accurately than us guessing.
I can surmise therefore that he was unlikely to be cooperative when the mcmichaels were talking to him.

EyesClosed

ELM327 wrote: »

Thanks, this is interesting as it colors the personality of mr Arbery a lot more accurately than us guessing.
I can surmise therefore that he was unlikely to be cooperative when the mcmichaels were talking to him.

Why should he have cooperated with them?
They where just two men with guns, they had no rights at all to stop him.

Gatling

ELM327 wrote: »

Thanks, this is interesting as it colors the personality of mr Arbery

Off one video and an op bent on blaming Ahmaud Arbery for everything.


Seriously on a wind up.

Kidchameleon

Gatling wrote: »

Off one video and an op bent on blaming Ahmaud Arbery for everything.


Seriously on a wind up.

Not just that video. Based on everything we know about him:


* Weapons charge
* Resisting arrest
* Burglary charge
* Driving without a license & insurance
* Drug possession
* History of failure to cooperate with police
* Multiple trespass violations at the Larry English house



I'm not trying to blame him but I am trying to take the blame away from the McMichaels. I think it was a citizens arrest gone wrong.

ohnonotgmail

Kidchameleon wrote: »

Not just that video. Based on everything we know about him:


* Weapons charge
* Resisting arrest
* Burglary charge
* Driving without a license & insurance
* Drug possession
* History of failure to cooperate with police
* Multiple trespass violations at the Larry English house



I'm not trying to blame him but I am trying to take the blame away from the McMichaels. I think it was a citizens arrest gone wrong.

and you would be wrong on that but never let supreme court judgements get in the way of whatever lies you want to peddle.

Kidchameleon

I find this interesting. Ill post it here first so everyone can consume it & I'll give my thoughts as soon as I get a chance.


https://int.nyt.com/data/documenthelper/6916-george-barnhill-letter-to-glyn/b52fa09cdc974b970b79/optimized/full.pdf


It is a letter from district attorney George E. Barnhill on the request of Glynn County Police Department giving his professional opinion on the Arbery case:

---

Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick, GA 31525

Ref: Glynn County, The Shooting death of Ahmaud Arbery, Feb 23rd, 2020

Dear Captain Jump:

My office received the Arbery autopsy report [dated 4/1/2020] yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.
However, since we were initially requested to handle the case the victim’s mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired some time ago. She believes there are kinships between the parties [there are not] and has made other unfounded allegations of bias[es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further ‘evaluation for prosecution’ in this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.

Given the Governor’s current shelter in place order and Justice Melton’s Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this casefile. I hope for all involved it will move along as quickly as possible.

After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of “Arrest” . Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.

First,

I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.

Second,

As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 24th, 2020 at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties.

Third,

It appears Travis McMichael, Greg McMichael, and Bryan William were following, in ‘hot pursuit’, a burglary suspect, with solid first hand probable cause, in their neighborhood, and asking/ telling him to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal,

OCGA17-4-60
“A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

Fourth,

It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry.

OCGA 16-11-126
“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.”

Fifth,

The video made by William Bryan clearly shows the shooting in real time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The 1st shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became- a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, McMichael was allowed to use deadly force to protect himself.

Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1 /8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others

OCGA 16-3-23.1 Georgia’s No Duty to Retreat Law, an individual is not required to back away from or submit to an attack;

OCGA 16-3-24 The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution
For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.

As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorney’s review. Please consider this an OPEN file until that decision is made and restrict the release of any information under Georgia Open Records Act requests.

Sincerely,
George E. Barnhill
District Attorney
Waycross Judicial Circuit

brendanwalsh

Kidchameleon wrote: »

This is a very interesting case in the US. Ahmaud Arbery, 25 died from gunshot wounds obtained during a citizens arrest attempt by Gregory and Travis McMichaels on the 23rd of February 2020.

The media version of events:

Ahmaud Arbery was jogging peacefully down a Georgia neighborhood when he was pounced upon by two white supremacists. They stalked him and murdered him for being black.

What the media are not talking about:

Arbery was on probation for burglary and weapons charges. He was seen and filmed at a property in the neighborhood on multiple occasions since October 2019, sometimes during the night. Things had gone missing from the property including 2,500 Dollars worth of fishing gear, this led the owner to install security cameras and contact the police. The police then asked the owner to report any more issues to local man and former law enforcement officer Gregory McMichaels (who had previously investigated Arbery on the burglary charges). Arbery's criminal past involved trying to smuggle a loaded pistol into a college basketball game & burglary of a store where he was caught with a stolen television.

This website has the raw footage of the fatal indecent (warning, graphic content in the video)

https://hoodsite.com/ahmaud-arbery-shooting-raw-video-black-jogger-chased-and-shot-to-death-by-father-and-son-in-georgia/

In this video (shot minutes before the fatal indecent) we see Arbery WALKING (not jogging) towards the house, standing outside it for a time and then entering the property for circa four minutes. We then see a neighbor emerge and make a phone call to the police. When Arbery see's this neighbor, he takes off sprinting down the road towards the location of his death.

https://www.youtube.com/watch?v=ylOEBqHXOVQ

Here we see another incident involving Arbery where he refuses to allow a search of his car.

https://www.youtube.com/watch?v=rEWhyrfgagA

Sorry if some of the links disappear, I am finding sources of information on this indecent disappear and reappear at different URL'S (probably due to this being a very raw case). This is a complex issue and I am sure I have left out some things in this post but I will endeavor to provide all information possible during the discussion.

My opinion:

I believe, based on the video evidence, that Arbery was up to no good at the property. He was on probation and another strike would have sent him to jail. I think he decided he wasn't going to go down and tried to get out of the situation by attempting to arm himself with Travis McMichaels shotgun. If you look at the footage of the fatal incident, he had innumerable avenues to avoid the McMichaels. He could have went ANYWHERE but chose to charge at them. I think their most prevalent falsehood in the mainstream narrative is that he was "cornered" by the McMichael. We can see from the footage that THIS IS NOT THE CASE.

Great post. Bottom line Aubrey was a criminal and up to the no good that day.

Fake stream media painting him out to be a church pastor.

The George Floyd Case has a similar twist to it.

Minorities don’t get special privileges to rob and be criminals and then claim racism when they get caught.

ohnonotgmail

It is worrying that a DA does not understand the law on citizens arrest.

ELM327

That's a very interesting letter which would show for me at least some indication as to how the GA court will determine the citizens arrest and the motives of the mcmichaels.

I can't see them getting any time for this at all. "Not Guilty" wouldnt surprise me at all.

Gatling

Kidchameleon wrote: »

I am trying to take the blame away from the McMichaels

That's pretty obvious .


Don't want a white man getting into trouble for executing a blackman .

Kidchameleon

Here's some interesting information from Georgia that may give some precedent perspective on this case in regards to the issue of burglary



From:

https://www.georgiacriminallawyer.com/burglary

What does not Constitute a Defense for Burglary

It was an unoccupied building, so technically there was no breaking or entering: Sometimes a defendant will attempt to argue that since the building was vacant, there was not a breaking and entering.

However, this defense will not hold up in court as case law has held that even entering a house under construction qualifies as a building and a defendant could still be convicted of burglary. Smith v. State, 226 Ga App. 9 (1957)*.

https://casetext.com/case/smith-v-state-6642

I didn't even steal anything: Even though you may not have stolen anything, you could still be convicted of burglary. According to Johnson v. Jackson, it is not necessary that the defendant actually steal anything. 140 Ga. App. 252, (1976). It is enough if they enter without authority and with intent to commit theft.

https://www.courtlistener.com/opinion/1217054/johnson-v-jackson/

*I think that "1957" is a typo & should read 1997, but I'm open to correction.

Gatling

Kidchameleon wrote: »

Let's get back to your psychology degree

Guy:Incognito

brendanwalsh wrote: »

Great post. Bottom line Aubrey was a criminal and up to the no good that day.

Fake stream media painting him out to be a church pastor.

The George Floyd Case has a similar twist to it.

Minorities don’t get special privileges to rob and be criminals and then claim racism when they get caught.

What did he rob and who caught him?


Were the white people caught on camera going in to the site as well up to no good?

Gatling

Guy:Incognito wrote: »

Were the white people caught on camera going in to the site as well up to no good?

According to the resident expert on the case white people were getting a drink of water , black person with issues around authority figures(awaiting qualification) was up to no good ,
Despite zero evidence of him doing anything wrong

brendanwalsh

Guy:Incognito wrote: »

What did he rob and who caught him?


Were the white people caught on camera going in to the site as well up to no good?

Aurbery was seen snooping around a garage and pilferin through materials on CCTV.

Floyd George was using fAke currency.

ohnonotgmail

brendanwalsh wrote: »

Aurbery was seen snooping around a garage and pilferin through materials on CCTV.

Floyd George was using fAke currency.

what did he rob?

Guy:Incognito

brendanwalsh wrote: »

Aurbery was seen snooping around a garage and pilferin through materials on CCTV.
.

Pilfering means to steal

What did he steal and who caught him.

Gatling

brendanwalsh wrote: »

Aurbery was seen snooping around a garage and pilferin through materials

That's a lie

ELM327

Kidchameleon wrote: »

Here's some interesting information from Georgia that may give some precedent perspective on this case in regards to the issue of burglary



From:

https://www.georgiacriminallawyer.com/burglary

What does not Constitute a Defense for Burglary

It was an unoccupied building, so technically there was no breaking or entering: Sometimes a defendant will attempt to argue that since the building was vacant, there was not a breaking and entering.

However, this defense will not hold up in court as case law has held that even entering a house under construction qualifies as a building and a defendant could still be convicted of burglary. Smith v. State, 226 Ga App. 9 (1957)*.

https://casetext.com/case/smith-v-state-6642

I didn't even steal anything: Even though you may not have stolen anything, you could still be convicted of burglary. According to Johnson v. Jackson, it is not necessary that the defendant actually steal anything. 140 Ga. App. 252, (1976). It is enough if they enter without authority and with intent to commit theft.

https://www.courtlistener.com/opinion/1217054/johnson-v-jackson/

*I think that "1957" is a typo & should read 1997, but I'm open to correction.

This is super interesting , thanks, really looks like the suspected criminal, Arbery, was confronted legally by the mcmichaels.

Gatling

ELM327 wrote: »

This is super interesting

More interesting is repeatedly quoting his whole debunked posts

martingriff

brendanwalsh wrote: »

Great post. Bottom line Aubrey was a criminal and up to the no good that day.

Fake stream media painting him out to be a church pastor.

The George Floyd Case has a similar twist to it.

Minorities don’t get special privileges to rob and be criminals and then claim racism when they get caught.

I am sure you have great proof he was up to no good on that day.

Gatling

martingriff wrote: »

I am sure you have great proof he was up to no good on that day.

Many have asked and still waiting

jam_mac_jam

Gatling wrote: »

Many have asked and still waiting

If you repeat a lie enough times maybe people will believe it.

It's irrelevant anyway, the people who killed him didn't see him committing a crime and he wasn't on their property.

ELM327

martingriff wrote: »

I am sure you have great proof he was up to no good on that day.

"I didn't even steal anything: Even though you may not have stolen anything, you could still be convicted of burglary. According to Johnson v. Jackson, it is not necessary that the defendant actually steal anything. 140 Ga. App. 252, (1976). It is enough if they enter without authority and with intent to commit theft."

brendanwalsh

martingriff wrote: »

I am sure you have great proof he was up to no good on that day.

He trespassed on private property.
I can’t confirm what he stole, I assume he tossed it when he was jogging/running after having been spotted red handed.

no innocent explanation has been given for what he was doing in the garage , instead they have tried to gloss over that fact

ohnonotgmail

brendanwalsh wrote: »

He trespassed on private property.
I can’t confirm what he stole, I assume he tossed it when he was jogging/running after having been spotted red handed.

you assume that do you? what you really mean is that you have made up a load of total bollocks in an attempt to defend murdering rednecks.

Guy:Incognito

brendanwalsh wrote: »

He trespassed on private property.
I can’t confirm what he stole, I assume he tossed it when he was jogging/running after having been spotted red handed.

Guy:Incognito wrote: »

Pilfering means to steal

What did he steal and who caught him.

Who caught him red handed?


You need to make up your mind btw. As you say he was on CCTV, so the video should show him stealing something and dropping it then.................

Overheal

Kidchameleon wrote: »

I find this interesting. Ill post it here first so everyone can consume it & I'll give my thoughts as soon as I get a chance.


https://int.nyt.com/data/documenthelper/6916-george-barnhill-letter-to-glyn/b52fa09cdc974b970b79/optimized/full.pdf


It is a letter from district attorney George E. Barnhill on the request of Glynn County Police Department giving his professional opinion on the Arbery case:

---

Captain Tom Jump
Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick, GA 31525

Ref: Glynn County, The Shooting death of Ahmaud Arbery, Feb 23rd, 2020

Dear Captain Jump:

My office received the Arbery autopsy report [dated 4/1/2020] yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.
However, since we were initially requested to handle the case the victim’s mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired some time ago. She believes there are kinships between the parties [there are not] and has made other unfounded allegations of bias[es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further ‘evaluation for prosecution’ in this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.

Given the Governor’s current shelter in place order and Justice Melton’s Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this casefile. I hope for all involved it will move along as quickly as possible.

After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of “Arrest” . Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.

First,

I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.

Second,

As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 24th, 2020 at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties.

Third,

It appears Travis McMichael, Greg McMichael, and Bryan William were following, in ‘hot pursuit’, a burglary suspect, with solid first hand probable cause, in their neighborhood, and asking/ telling him to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal,

OCGA17-4-60
“A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

Fourth,

It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry.

OCGA 16-11-126
“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.”

Fifth,

The video made by William Bryan clearly shows the shooting in real time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The 1st shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became- a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, McMichael was allowed to use deadly force to protect himself.

Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1 /8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others

OCGA 16-3-23.1 Georgia’s No Duty to Retreat Law, an individual is not required to back away from or submit to an attack;

OCGA 16-3-24 The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution
For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.

As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorney’s review. Please consider this an OPEN file until that decision is made and restrict the release of any information under Georgia Open Records Act requests.

Sincerely,
George E. Barnhill
District Attorney
Waycross Judicial Circuit

Yes this was part of the problem. The DA was recused from the case because of conflicts of interest. The letter is inadmissible, though it is why Arbery’s killers walked free for two months.