The Killing of Ahmaud Arbery: Daily Trial Highlights

Posted at 10:49 AM, November 5, 2021 and last updated 11:12 PM, July 17, 2023

BRUNSWICK, Ga. (Court TV) — Gregory McMichael, Travis McMichael and William “Roddie” Bryan are on trial for the February 23, 2020, killing of Ahmaud Arbery.

DAY 14 – 11/24/21

  • The jury requests to see two videos, three times each: original cellphone video (shortened version) and high contrast version. The jury also requests to hear Greg McMichael’s 911 call.
  • The jury reaches a verdict:
    • CHARGES FOR TRAVIS AND GREG MCMICHAEL:

      Count 1: Malice Murder – Guilty (Travis McMichael), Not Guilty (Greg McMichael)

      Count 2: Felony Murder – Aggravated assault with a shotgun – Guilty (Travis McMichael & Greg McMichael)

      Count 3: Felony Murder – Aggravated assault with a truck – Guilty (Travis McMichael & Greg McMichael)

      Count 4: Felony Murder – False imprisonment – Guilty (Travis McMichael & Greg McMichael)

      Count 5: Felony Murder – Criminal Attempt to Commit a Felony – Guilty (Travis McMichael & Greg McMichael)

      Count 6: Aggravated Assault with a shotgun – Guilty (Travis McMichael & Greg McMichael)

      Count 7: Aggravated Assault with a truck – Guilty (Travis McMichael & Greg McMichael)

      Count 8: False Imprisonment – Holmes Road using pickup trucks – Guilty (Travis McMichael & Greg McMichael)

      Count 9: Criminal Attempt to Commit a Felony – False imprisonment on Burford Rd. using trucks – Guilty (Travis McMichael & Greg McMichael)

      CHARGES FOR WILLIAM BRYAN

      Count 1: Malice Murder – Not Guilty

      Count 2: Felony Murder – Aggravated assault with a shotgun – Not Guilty

      Count 3: Felony Murder – Aggravated assault with a truck – Guilty

      Count 4: Felony Murder – False imprisonment – Guilty

      Count 5: Felony Murder – Criminal Attempt to Commit a Felony – Guilty

      Count 6: Aggravated Assault with a shotgun – Not Guilty

      Count 7: Aggravated Assault with a truck – Guilty

      • LESSER-INCLUDED OFFENSES
      • Simple assault 
      • Reckless conduct 
      • Reckless driving

      Count 8: False Imprisonment – Holmes Road using pickup trucks – Guilty

      Count 9: Criminal Attempt to Commit a Felony – False imprisonment on Burford Rd. using trucks – Guilty

  • WATCH: 11/24/21 The Killing of Ahmaud Arbery: Verdict

DAY 13 – 11/23/21

  • The jury is charged and gets the case. After six hours of deliberation, the judge asks the jury if they would like to continue deliberating into the night. They decide to go home and return the next morning at 8:30 am ET – the day before Thanksgiving.
  • The Charges:

    CHARGES FOR TRAVIS AND GREG MCMICHAEL:

    Count 1: Malice Murder

    Count 2: Felony Murder – Aggravated assault with a shotgun

    Count 3: Felony Murder – Aggravated assault with a truck

    Count 4: Felony Murder – False imprisonment

    Count 5: Felony Murder – Criminal Attempt to Commit a Felony

    Count 6: Aggravated Assault with a shotgun

    Count 7: Aggravated Assault with a truck

    Count 8: False Imprisonment – Holmes Road using pickup trucks

    Count 9: Criminal Attempt to Commit a Felony – False imprisonment on Burford Rd. using trucks

    CHARGES FOR WILLIAM BRYAN

    Count 1: Malice Murder

    Count 2: Felony Murder – Aggravated assault with a shotgun

    Count 3: Felony Murder – Aggravated assault with a truck

    Count 4: Felony Murder – False imprisonment

    Count 5: Felony Murder – Criminal Attempt to Commit a Felony

    Count 6: Aggravated Assault with a shotgun

    Count 7: Aggravated Assault with a truck

    • LESSER-INCLUDED OFFENSES
    • Simple assault 
    • Reckless conduct 
    • Reckless driving

    Count 8: False Imprisonment – Holmes Road using pickup trucks

    Count 9: Criminal Attempt to Commit a Felony – False imprisonment on Burford Rd. using trucks

  • The prosecution delivers their rebuttal

DAY 12 – 11/22/21

  • Judge denies William Roddie Bryan’s eighth mistrial motion based on Monday’s New Black Panther rally outside the courthouse featuring a coffin with the names of slain Black men.
  • Judge says he is moving jurors into another room of the courthouse to insulate them from outside noise.
  • Judge denies Bryan’s motion to sever.
  • Judge denies request to excuse juror 12, who the defense accuses of dozing off.
  • Judge grants defense request to nix conspiracy charge from jury instructions.
  • In a concession to the defense, judge modifies “contemporaneous arrest” charge to say that a person can effectuate a citizen’s arrest if they have probable cause to believe a felony occurred based on previous events.
  • Prosecutor Linda Dunikoski argues the defendants attacked Arbery because he was a Black man who refused to comply with their orders. The defendants had no immediate knowledge to suggest Arbery was committing a crime, Dunikoski said, accusing them of acting on driveway decisions and assumption based on rumors and gossip.
  • Lawyers for the three defendants deliver closing arguments:
    • Lawyer Jason Sheffield argued Travis McMichael was scared and acting out of duty and responsibility to his community based on what he knew about Arbery’s visits to 220 Satilla Shores, including his own encounter with him 11 days before the shooting.
    • Arguing for Greg McMichael, Laura Hogue said Arbery “wasn’t an innocent victim.” Making the case for “reasonable and probable grounds of suspicion,” Hogue argues Arbery was an introduder who had no “legitimate reason” for his repeated visits to 220 Satilla Shores and “chose to fight” when the McMichaels confronted him.
    • Bryan attorney Kevin Gough tries to distance Bryan from the McMichaels, arguing he did not and could know that the McMichaels had guns or intended to shoot, and suggests divine provenance led him to film the encounter.

DAY 11 – 11/19/21

  • The judge and counsel hold a charge conference outside the presence of the jury

DAY 10 – 11/18/21

  • Travis and Greg McMichael rest after calling seven witnesses; Bryan rests without calling witnesses
  • No rebuttal evidence from the state
  • Testimony of six Satilla Shores residents who said they were concerned about crime in the neighborhood, albeit petty crimes
  • Judge denies defense’s request to revisit rulings excluding Arbery’s mental health records, probation status, criminal past and use-of-force expert
  • Judge denies Bryan’s mistrial motion based on prosecutor Larissa Ollivierre’s question to a witness, “Do you believe someone suspected of stealing is deserving of the death penalty?” He admonishes the prosecutor and tells jury to disregard the comment’
  • Travis McMichael finishes testifying
    • Prosecutor Linda Dunikoski effectively impeaches McMichael on discrepancies between his police statements and testimony (telling Arbery cops were coming, believing Arbery was trying to enter Bryan’s truck, talking to Arbery)
    • He agrees (repeatedly) his actions were based on rumors and assumptions
    • He agrees (repeatedly) that Arbery was not armed, not yelling threats and only running, but says he was “under the impression” that Arbery could be a threat because he was running at him
    • He never told Arbery he was under arrest and not did he tell the police he was trying to make a citizen’s arrest
    • He agrees he could have done several things differently, including making sure his father called 911, following behind him instead of confronting him, staying in his truck on Holmes Rd instead of getting out with his shotgun
    • WATCH: 11/18/21 Travis McMichael On Cross-Examination

DAY 9 – 11/17/21

  • DENIED – Defense motions for directed verdicts.
  • DENIED – Bryan’s motion for a mistrial based on high-profile clergy in courtroom.
  • DENIED – Bryan’s motion for reconsideration of special demurrer to dismiss count 7.
  • DENIED – Bryan’s request that judge do more to ensure jurors are not being exposed to publicity.
  • Lawyer Kevin Gough delivers opening statement for William Roddie Bryan, saying there’s no evidence that he was driving aggressively or trying to commit aggravated assault on Arbery
  • Defendant Travis McMichael takes the stand
    • Travis paints a neighborhood on edge based on reports – primarily of car break-ins, suspicious people — from his mother and the neighborhood Facebook page
    • Lengthy exchange about Travis’ use of force and law enforcement training through the Coast Guard, which he used to train others; admits he never used deadly force
    • Travis says his 2/11/20 encounter with Arbery — in which he saw video of Arbery calmly walking through 220 after allegedly running into the construction site away from Travis — made him suspect Arbery was responsible for stealing items from English’s boat and other suspicious activity in the neighborhood
    • Describes events of day of shooting in painstaking detail
    • Claims he was calm and conversational in three encounters with Arbery before the shooting; told him to stop, cops were coming, even said “please” at one point
    • Claims Arbery took off running as soon Travis told him cops were coming, piquing Travis’ suspicion that Arbery was up to no good
    • Claims he thought Arbery trying to get into Bryan’s car
    • Claims it was a life-or-death decision to shoot Arbery after Arbery struck him on the head him and grabbed his gun
    • Repeatedly uses term “totality of circumstances” to describe what informed his opinion of Arbery’s intent
    • Repeatedly emphasizes that Arbery wasn’t behaving as he expected, from his refusal to answer his questions to his running toward him when he had his gun drawn
    • WATCH: 11/17/21 The Killing of Ahmaud Arbery: Day 9
    • WATCH: 11/17/21 Travis McMichael Takes the Stand, Part 2
    • WATCH: 11/17/21 Travis McMichael Takes the Stand

DAY 8 – 11/16/21

  • State rests after calling 23 witnesses over eight days.
  • Jason Sheffield declares intention on Travis McMichael’s behalf to call Satilla Shore residents to support the “neighborhood on edge” argument.
  • Testimony of Dr. Edmund Donoghue, the forensic pathologist who determined cause of death (multiple shotgun wounds) and offered an opinion on order of shots: The first shot grazed Arbery’s hand and struck his chest, the second shot was a complete miss and the third one entered his armpit/shoulder area.
  • After seeing the video, Donoghue said he revised his opinion on muzzle to contact range from 3-4 feet to 20-3 inches.
  • Jury sees gruesome photos of Arbery’s body, including of pellets stuck under his skin.
  • Testimony of GBI Special Agent Richard Dial, lead investigator.
  • NEW VIDEO: Jury sees drone video from Satilla Shores showing paths of travel of Arbery and Bryan.
  • State withdraws attempt to show jury Arbery’s sneakers after defense argues it could open door to alternative theories about why Arbery was running that day. Judge disagrees with defense but state withdraws nonetheless.
  • Lawyers debate admissibility of 68 call records from Satilla Shores in the form of CAD reports of suspicious persons, trespass and break-ins. Defense wants to use them to show that Satilla Shores was a “neighborhood on edge” where residents were concerned about crime. State says they’re irrelevant. Judge doesn’t issue a ruling, but he indicates he concern over how it’s not clear what if anything the defendants knew about the specific reports. Neither side has elicited testimony about them since.
  • Bryan describes conditions in jail as part of motion asking judge to reconsider dismissing charges, arguing the pandemic delayed his trial in violation of his speedy trial rights. Judge denies motion.
  • Judge denies another Bryan motion seeking to prohibit conduct that may intimidate or influence jurors or interfere with a fair trial (by excluding African-Americans from the courtroom).

DAY 7 – 11/15/21

  • Rev. Jesse Jackson’s courtroom appearance with the Arbery family sparks another motion by Bryan’s defense to exclude high-profile African Americans –civil rights icons specifically — from courtroom based on concerns that their presence could intimidate or influence jurors
  • All three defendants join a mistrial motion tied to concerns of a tainted jury after Wanda Cooper-Jones cries after seeing Arbery’s photo during witness testimony — drawing jurors’ attention — and Jackson comforts her
  • Testimony concludes of GBI agent Jason Seacrist
  • Testimony of GBI special agent Lawrence Kelly, who introduces several new clips of video evidence
  • NEW VIDEO: Jury sees Bryan’s home surveillance video, which shows Arbery running past Bryan’s house with the McMichaels chasing him, then Bryan getting in his truck and pulling out to join the chase
  • Testimony of GBI firearms and tool mark examiner Brian Leopard, who demonstrates how to load and fire the shotgun used in Arbry’s death
  • NEW PHOTOS: Leopard describes bullet defects and gunshot residue in Arbery’s clothing and concludes they came from a close or near-contact gunshots
  • Testimony of GBI latent print examiner Jesse Worley, who said a palm print on Bryan’s truck matches known prints from Arbery
  • Testimony of GBI micro-analyst (trace evidence analyst) Anne Kisler-Rao, who compared fiber lifts from Bryan’s truck with samples from Arbery’s shirt. She concluded they had consistent properties, meaning the truck fibers could come from the shirt, but could not definitively say they were one in the same
  • State declines to call people who knew Arbery after judge says their testimony about Arbery’s jogging habit could open the door to character evidence of Arbery’s criminal past, which the defense could use to give an alternate explanation of the intent behind his running

DAY 6 – 11/12/21

  • When asked what made Bryan think Arbery “might’ve done something wrong,” Bryan says “It was just instinct, man. I don’t know.”
  • Seacrist: Bryan appeared to change his words in 5/13/20 interview to minimize his involvement
  • In 5/13/20 interview, Bryan did not use words “block” or “corner” to describe his actions, unlike in interview on day of incident
  • NEW VIDEO: Jury sees reenactment video of Bryan’s path of travel (with witness’ narration)
  • Seacrist did a “refresh” drive with Bryan after first attempt
  • NEW EXHIBIT: Google earth map showing path of travel based on reenactment
  • Arguments outside jury’s presence about use of word victim to describe Arbery
  • On cross, Seacrist denies manipulating Bryan into reenactment, reminds Gough that Gough offered him to do it because Bryan was having a hard time expressing himself
  • Bryan accuses Seacrist of taking on role of “director” in reenactment
  • Overall tone of cross: Needling persistence, sarcastic, contemptuous

DAY 5 – 11/11/21

DAY 4 – 11/10/21

  • Satilla Shores resident Matt Albenze describes why he called police on Arbery and expresses regret for his part.
  • The jury hears from the defendants in their (actual) own words in 911 calls in which they express concern about crime in the neighbor.
  • The jury learns of another police statement from Greg McMichael in which Sgt. Roderick Nohilly asks him to speculate on what was going through Arbery’s mind: “He was trapped like a rat. I think he was wanting to flee, and I think he realized he was not going to get away.”
  • Jury hears another statement from Bryan that includes his comment that he wishes he’d hit Arbery with his truck because it might have prevented him from getting shot.
  • WATCH: 11/10/21 The Killing of Ahmaud Arbery: Day 4

DAY 3 – 11/9/21

  • NEW VIDEO: Jury sees timestamped porch video from two Satilla Shores homes that show activity in and around Larry English’s property on the day in question
  • Jurors hear Greg McMichael’s two police interviews on the day of the shooting in the form of transcripts that were read aloud by the officers who conducted the interviews
  • Motions and arguments outside the jury’s presence interrupt testimony several times
  • Judge denies William Roddie Bryan’s motion for a mistrial under Bruton that was based on Greg’s statements to Officer Marcy about how Greg knew Bryan
  • Judge overrules defense’s hearsay objection to Officer Marcy testifying about 911 records that he pulled from database – then, he reverses his ruling
  • Judge denies Travis McMichael’s motion to exclude one of the porch videos based on authentication concerns
  • Judge reprimands Jason Sheffield after Sheffield protests a ruling stemming from Marcy’s testimony
  • Judge takes under advisement Kevin Gough’s request for the day off on Veteran’s Day
  • WATCH: 11/9/21 The Killing of Ahmaud Arbery: Day 3

DAY 2 – 11/8/21

  • First officer on scene reads aloud from transcript of interview with William Roddie Bryan, including Bryan’s infamous “should I have been chasing him?” line
  • Legal arguments over the admissibility of certain statements by the defendants under the rule of completeness gobble up most of the afternoon
  • Several jurors squirm in their seats as prosecutor shows closeup photos of Arbery’s body in the street, gaping wounds visible in his chest and wrist
  • Jury sees crime scene photos showing locations of shotgun and shell casings in relation to Arbery’s body
  • Crime scene photos reveal that one of the bullets went into a house and stopped in the living room wall
  • Defense introduces portion of body camera showing Greg McMichael consoling son Travis, telling him “you had no choice”
  • Jury sees extended version of William Roddie Bryan’s cellphone video that starts with Arbery running toward Bryan’s car and away from the McMichaels
  • WATCH: 11/8/21 The Killing of Ahmaud Arbery: Day 2

DAY 1 – 11/5/21

 

For the latest news and trial updates on The Killing of Ahmaud Arbery Murder Trial, visit www.courttv.com/arbery.