by Brett Wilkins
The South Georgia prosecutor who advised police that there was insufficient evidence to arrest two white men involved in the fatal shooting of black runner Ahmaud Arbery called the killing “an act of justifiable homicide.”
The Glynn County Police Department released a statement on Saturday regarding its investigation into the death of Arbery, an unarmed 25-year-old black man who was jogging in the Satilla Shores neighborhood of Brunswick, Georgia on February 23 when he was confronted by 34-year-old Travis McMichael and his father Gregory McMichael, 64, before being shot dead by Travis. According to the statement, Waycross District Attorney George E. Barnhill “advised detectives before noon on February 24 that the act was justifiable homicide and for detectives to continue their investigation.”
A Perfectly Legal Lynching?
In an April 2 memo, Barnhill wrote that the McMichaels and a third man, Bryan Williams, “were in hot pursuit… of a burglary suspect, with solid, first-hand probable cause” and that “their intent was to stop and hold this criminal suspect until law enforcement arrived.” Barnhill added that “under Georgia law, this is perfectly legal.” Georgia’s “stand your ground” law, passed in 2006, states that a person using force in self-defense has “no duty to retreat and has the right to stand his or her ground.”
According to the initial police report in the case, Gregory McMichael told officers that he pursued Arbery because “there have been several break-ins in the neighborhood.” However, the Brunswick News reported that police records showed there had been only one burglary reported in Satilla Shores in 2020—the theft of a handgun from a pickup truck parked outside Travis McMichael’s home on January 1.
On the day of the fatal shooting, emergency dispatchers received two calls about a black man running in Satilla Shores. Video later emerged of Arbery entering an open property under construction, remaining there for three minutes and then jogging down the street. One of the 911 callers mentioned this. Neither caller mentioned any criminal activity, leading one dispatcher to ask, “I just need to know what he’s doing wrong.”
Cellphone video footage recorded by Bryan from his vehicle shows Arbery jogging down the street as the McMichaels approach and confront him in their pickup truck. Travis was driving; Gregory is seen riding in the truck bed. A struggle ensues after Travis exits the pickup with a shotgun and confronts Arbery. Three shots are then heard as Travis shoots Arbery to death in what some, including Atlanta Mayor Keisha Lance Bottoms, have called a “lynching.”
Good Ole Boys (and Gals)
In his April 2 memo, Barnhill wrote that “Arbery initiated the fight,” and that “under Georgia law, McMichael was allowed to use deadly force to protect himself” before blaming the victim, whose “mental health records and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.”
Barnhill was the second district attorney in charge of the case, having taken over after Brunswick District Attorney Jackie L. Johnson, who had long employed Gregory McMichael — a former Glynn County police officer—as in investigator in her office until his retirement last year, recused herself from the case. According to two Glynn County commissioners, Johnson intervened to protect the McMichaels from arrest.
“The police at the scene went to her, saying they were ready to arrest both of them,” Commissioner Allen Booker told the Atlanta Journal-Constitution. “These were the police at the scene who had done the investigation. She shut them down to protect her friend McMichael.”
Commissioner Peter Murphy added that Glynn County police told him that although officers at the scene determined that they had probable cause to arrest the McMichaels, “they were told not to make the arrest” by “representatives of the DA’s office.”
Johnson responded by accusing Booker and Murphy of making “false accusations” against her “in an attempt to make excuses and ignore the problems at the Glynn County Police Department.” According to the New York Times, “Glynn County police officers have been accused of covering up allegations of misconduct, tampering with a crime scene, interfering in an investigation of a police shooting and retaliating against fellow officers who cooperated with outside investigators.” Days after Abery’s killing, Police Chief John Powell, who had been hired to clean up the department, was indicted on charges related to the alleged cover-up of an officer’s sexual relationship with an informant.
Long Road to Justice
According to the Glynn County police statement, Arbery’s family requested that Barnhill be removed from the case because his son formerly worked alongside Gregory McMichael in the Brunswick district attorney’s office and had personally handled a felony probation revocation case involving Arbery, who was convicted of shoplifting and violating probation in 2018.
This isn’t the first time Barnhill has courted controversy over an issue regarding race. In 2016, he charged Olivia Pearson, a civil rights activist and the first black woman ever elected to the Douglas City Commission, with felony voter fraud and threatened to imprison her for 15 years after she helped a first-time voter use an electronic voting machine. Pearson’s lawyers called her prosecution “racially motivated.” It took a jury 20 minutes to find her not guilty.
Under fire to explain why it waited to release information about the Arbery shooting case to the public, the Glynn County Police Department claimed that while it “has sought justice,” it did not want to “impact future prosecution.” Some critics claim that the story never would have received national and global attention if it were not for the release of the cell phone video footage of the shooting two and a half months later. It took 74 days for Travis and Gregory McMichael to be arrested by the Georgia Bureau of Investigation and charged with murder and aggravated assault. “Had we not seen that video I don’t think [the McMichaels] would have been charged,” Bottoms told CNN on Sunday.
On May 11, the US Justice Department announced it is considering a request from Georgia Attorney General Christopher M. Carr to determine whether federal hate crime charges should be pursued against the McMichaels. President Donald Trump on Monday said he was “disturbed” by the case, calling Arbery’s death “a horrible thing.” Mayor Bottoms, however, accused the president of playing a role in racist violence. “With the rhetoric we hear coming out of the White House in so many ways, I think that many who are prone to being racist are given permission to do it in an overt way we otherwise would not see in 2020,” she told CNN.
Fitting the Pattern
Barnhill’s premature presumption of “justifiable” killing in the Arbery case fits a troubling pattern. White people who kill black men in the United States often face no legal consequences. According to a 2017 study by the Marshall Project, a nonprofit journalism organization focusing on criminal justice issues, killings of black men by white people are 8.5 times more likely to be ruled “justifiable” than homicides involving other racial combinations. The study examined 400,000 US homicides in the years 1980-2014 and found significant local disparities. In Houston and Los Angeles, the killing of a black person by a white person is 12.5 times more likely to be ruled “justifiable,” while the figure is 3 times in San Francisco and 2.5 times in Portland, Oregon.
The study noted that a “reasonable belief” that a person posed a threat was often sufficient to find killing them “justifiable.” Police, prosecutors and juries “may be apt to give killers the benefit of the doubt,” even in cases in which a killer’s fear may have been irrational.
Brett Wilkins is a San Francisco-based freelance author and editor-at-large for US news at Digital Journal. His work, which focuses on issues of war and peace and human rights, is archived at www.brettwilkins.com.
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JOE says
Need to forget race here- you have a young dead man who died before his time. However the young man has been in trouble with the law before. You have the young man who was seen running out of a house under construction. The shooter should have left everything up to the police at that point. The young man then tried to take the gun away from the shooter. This now becomes self defense. If he would have just stop and not fight the man with the gun he would still be alive today. If you think the young man was shot because he was black makes you one of the worst type of racist
Mr. Princess says
Who invited Commissioner Mullins into the conversation? Though, if anyone would know about racism in Georgia it would be him.
Pierre Tristam says
That old reliable bigotry: always as quick on the draw as Greg and Travis McMichael were on theirs.
Billy C says
The “if he didn’t try to take the gun” argument is an attempt to dissect the crime. Don’t over complicate he reactions of the shooter or the victim. The shooter may offer self defense in a trial as justification but it should be outweighed by the fact that as a citizen you don’t have the right to pursue, detain and shoot a person based on your assumptions. The shooter is not an officer of the law. There is no excuse for vigilante-ism. BTW, you last line shows that you have no idea what the definition of racism is.
Brett Wilkins says
Thanks for your comment, JOE, and to FlaglerLive for reprinting my article.
JOE, you seem to have difficulty understanding the definition of racism. Thinking — or rather knowing — that Ahmaud Arbery was killed because he is black does not make someone “the worst type of racist,” or actually any type of racist at all. First of all, that’s not how racism works. Talking about racism is not racist. Identifying and condemning racism is not racist. Believing one race is superior to another and/or acting upon such beliefs IS racist, JOE. So, to a lesser degree, is failure to recognize the enduring systemic and structural racism that exists in the United States, as is the ludicrous notion that Arbery would have been treated this way had he been white.
Also, asking black people to “forget about race” is like asking a Floridian to forget about rip currents. You can try all you like, but if you’re in those waters sooner or later — and as someone who lived for 8 years in north and central Florida, I can assure you it’s sooner — you’ll find yourself caught up in it.
It’s never too late to learn. I’d recommend you start with Howard Zinn’s “A People’s History of the United States” for a great general overview of US history from the point of view of people you may not be familiar with, or if you’re interested in this specific issue, Michelle Alexander’s “The New Jim Crow.” Knowledge is power. Peace.
Mike Cocchiola says
JOE! This was murder by gun-addled citizens who are predisposed to think the worst of young black men. I do not believe for a minute that race was not a factor. Somehow it seems that a whole lot of unarmed young black men and women are murdered by white men and women for the slightest of perceived offenses. They don’t seem to shoot all that many white guys jogging down the street.
Even if this young man had previous trouble with the law, as many of us did when we were young and reckless, he did not deserve to be murdered for either poking his head into a house under construction (who doesn’t do this?) or trying to fight back against an assault by gun-toting white guys.
Lynching is a provocative word however much this evil act deserves it. Murder – hate crime – is a better way of describing what happened to this young man and it will define Georgia for a long time.
Lamo says
And, the number of white people, killed by black gang members, is what??? You guys are a joke… At the very least, one sided, you’re side, at that…
Nancy N. says
What you are talking about, when you dismiss a killing like this by citing black on white crime, are KKK tactics…revenge killing of random black people to “avenge” crimes by other people of their race. Your words are an endorsement of white supremacist violence, clear and simple.
Dennis says
This whole thing makes me want to throw up. If that was a white man jogging, and two black men had done this, they would had been charged with murder that day. If is had to believe that the police originally state, it was their right to shoot him under their stand your ground laws. This is a sickening statement. America is more racially divided today that it was 20 years ago. I put most of the blame on the press and some on president Obama and a Trump. Obama played the race card more than once that was not warranted. America needs to come together as a whole. Not as black, white, Hispanic, and others. The black caucus needs to go. NAACP needs to go. The Hispanic caucus needs to go. The KKK must be destroyed. The Arian Brotherhood must be destroyed stop this racial bias and live as one nation. And you wonder what would happen if they started the NAAWP. (White people). Racist racist racist. Between congress and all the racial issues in America, we are self destructing. A sad future for America if we don’t stop this racist war in America.
Pogo says
@”…And you wonder what would happen if they started the NAAWP…”
It’s called the Republican party.
Othello says
I told myself read the article don’t come back for the comments. Obviously couldn’t help myself. It’s funny how the first two negative comments come from white people who probably swear they’re not racist. LOL! Hey folks this is exactly why slavery and Jim Crow persisted and lasted as long as it did. “Joe BLOW” and “LAMEO” are your peers you claim them I don’t. I don’t believe in Karma, but I do believe what’s in a person’s heart will eventually come out. So you can hide by fake stats, white privilege and bogus antidotes but guess what goes around come around.
For the record JOE, you don’t know what was said to Mr. Arbery as he exited the house that caused him to take off and run. Further, when the video picks up Mr. Arbery is no longer jogging, he’s escaping the first ambush he managed to get away from that hasn’t been shown. The only thing is I can relate to as far as the shooter goes, is right or wrong under no circumstance do you let someone take your gun from you in a fight, whether you started it or not.
The problem is, it’s okay for “WHITE PEOPLE” to be scared and fight for their lives but black people can’t??? I don’t care what your opinion my problem is people like you procreate!
Othello says
Furthermore, if black people were truly the monsters they’ve been labeled to be, there would be dead white supremacist all over the place in this country. So don’t try to rewrite history you and your American culture have blood on your hands that won’t wash off. Whether your family owned slaves or not, if you benefit from white privilege enabling you to turn a blind eye to what’s taking place, go wrap yourself in your white sheets and step off of a cliff.
Brett Wilkins says
Thanks for your comment, Othello. I’m the author of this piece. I’ve always said, white Americans should be glad that black people seek only equality and not revenge. But in the settler-colonial mind — and the United States is a settler-colonial nation — the aggressor is always the victim, and vice-versa. It’s been that way since 1492. Back then it was, “those savage Indians, why do they resist our ‘benevolent’ (read: genocidal) expansion?” Nowadays, it’s “those savage terrorists, why do they resist our ‘benevolent’ (read: imperialist) invasion and occupation?” Always the victim, never the aggressor; that’s the settler-colonial way, from the Americas to Australasia to Israel/Palestine.
The Geode says
Even IF “we sought revenge” what the hell are we going to do about it?
Y’all talking all that “they better be glad” nonsense to a group of people who already outnumber us (by a LOT), they control ALL the resources, and DEFINITELY “out-gun” us There are WHOLE STATES (19) that has less than 5% black. (better run, I’m not going to say the rest…) that house MILITIA GROUPS who’ll fight the fucking government! Throw in the KKK and a few skin-head groups, sprinkle in some nerds who got picked on in school and hated black people since that “wedgie incident” in elementary school and when Trump sounds the bell (or wave the green flag), we’ll be annihilated.
Don’t y’all even take ANY of that into consideration?
People are people. People make assumptions. We ALL do. One of my jobs in life is to be a “perception changer”. I don’t care what you think of me as long as you respect me as I respect you. …and P.S. if you see me “jogging in your neighborhood” – DON’T SHOOT!
David S. says
What was Trumpees response to this ????????
mausborn says
Georgia Law: “A person cannot create an emergency which renders it necessary for another to defend himself, and then take advantage of the effort of such person to defend himself in the face of such emergency so created, and justify the taking of the life of such person.”
Advice for all self respecting Black Men:
1. Register to vote 🗳
2. Get your carry permit. Arm yourself. Follow the Law. STOP BEING VICTIMS!!
Reinhold Schlieper says
Yup. Being legally permitted to carry a gun really helped Philando Castile, didn’t it? I fear that racism runs too deep to turn into a battle; racism needs to be cured.
Sherry says
Brett. . . a brilliant article. It’s so great to have an actual author chime in. I do hope that Joe heeds your words and wisdom. . . you are quite correct that it’s never too late to open your mind to another perspective. This Joe in particular badly needs a “light bulb” moment very badly!
aaaa says
SC wasnt right
but remember that most black men are killed by other black men.
Billy C. says
While you are statistically correct you also understand that more white men are killed by other white men, right? So, your point isn’t really relevant.
Sherry says
I am respectfully asking each and every one of the readers f Flaglerlive to take just a couple of minutes to watch this video. . . especially you, Joe Mullins. This kind of heartbreaking situation is what many are forced to deal with on a day to day basis. Watch it all the way through till the very end.
Count Your Many, Many Blessings Folks!
https://thehill.com/blogs/blog-briefing-room/news/497750-viral-video-shows-black-truck-driver-blocked-in-questioned-by
Hmmm says
Should’ve put George Zimmerman away. Could’ve made a difference on what people think they can do. Zimmerman stalked a teenage, after being told by dispatch to lay off. Said he was afraid for his life, but was the only one with a gun, and pursued the kid. Pretty close to the same scenario here.
Land of no turn signals says says
The lack of respect of human life is NOT always about race even though some pot stirrers want it to be.Where is the parade for Joshua Goodman who was shot in the back 3 times by Willie Walker? Where’s the parade for the 72 year old women that good old Willie crash a car into and killed the next day?Did he do shoot because Joshua was black? or the the women was white? DOUBTFUL.It’s just so easy to get the attention someone craves.Then bring politics into it please.Were you outraged when you were cashing that stimulus check?
Billy C says
Whataboutisms? Is that your forte? This has nothing to do with Joshua Goodman, Willie Walker or whatever other incidents you want to bring up. No one is craving attention by bringing up racism. You get the attention because you won’t define when it is right in front of your eyes. It is as though the rest of us can’t interpret what we see, we have to wait for you to determine whether it is or not. Nope, this is not about a parade, it is about recognition.
Sherry says
I am outraged at the horrific racism encouraged by trump and his coward cult followers. I’ll be making my usual donations to charity and to campaigns to get ALL those supporting trump out of office.
Squatty says
Food for thought, at least for those who think rather than merely feel and consider it to be thinking.
A study of the incident video and comparison to the layout of the neighborhood shows that Arbery had got away from his pursuers but turned around and went back toward them.
Reinhold Schlieper says
I think he was pursued by two cars and had to make a choice under duress.
Reinhold Schlieper says
Racism is alive and well right here in Flagler County. There are 196 people in Staly’s “inn.” Of those are 122 (62%) “white” people in Staly’s “inn”; there are 62 (32%) African Americans in Staly’s inn; there are 11 (6%) Hispanic persons in jail. Let’s look at the distribution of black and brown as opposed to “white” people in Flagler. 78.5 % are classified as “white”; they are underrepresented among the inmate population. 9.99 % are Hispanic; they are slightly underrepresented among the inmate population. And finally, Flagler County has a total of 9.99 % African Americans; but there are 32 % overrepresented in Staly’s jail. Yes, racism is alive and well also in this county.