Tuesday, May 26, 2020
The Ahmaud Arbery Case
In the last couple of weeks I've discussed the death of Ahmaud Arbery with two people. Both of them had some familiarity with the matter and had seen William Bryan's video of the last few seconds of Arbery's life.
What was initially stunning to me is that their recall of the video was that the McMichaels were in motion in their vehicle and simply gunned Arbery down. I asked them if they had noticed that, in reality, the video clearly shows that at the time of the shooting the McMichaels were stopped with no one in the driver's seat. And that Arbery had run/jogged toward them and then alongside the passenger side of the McMichaels' truck before suddenly veering in front of it to attack Travis McMichaels, who was on the other side. They both denied noticing or recalling any of this.
The second person, I'll call her P., lives far south of the Mason-Dixon Line in a state where slavery was legal until 1865. P. is, arguably, herself of "redneck" stock. Nevertheless she reflexively denounced the McMichaels as vicious "rednecks". In all the years I've known she has never used that word, as she later acknowledged to me.
She also got angry that I characterized Arbery's final actions as "attacking a man armed with a shotgun". She objected to the word "attacking" even though, as I pointed out, that the word is neutral and if Arbery was engaged in actual self-defense, as she contended, he would have every legal right to attack the McMichaels.
Above I indicated I was initially stunned by the perspective of my friends. However, given the mainstream media's aggressively dishonest agenda-pushing it would be surprising if most people didn't accept the dominant narrative of the shooting. To be clear, my point is not that the McMichaels (and William Bryan) are innocent of any crime—although that seems to be the case based upon the evidence I've seen so far—but rather that the actual facts and the video alone paint a more complex picture of events than the simplistic characterizations of most mainstream and fringe Left/Right media outlets.
The McMichaels have both been arrested for aggravated assault and felony murder. The key charge the prosecution must prove is aggravated assault. If they are found guilty of that then perforce—because Ahmaud Arbery is dead—they must be guilty of felony murder (O.C.G.A. § 16-5-1). I was surprised that they were charged with aggravated assault (O.C.G.A. § 16-5-21) because, in my reading of the Georgia statute, I think the prosecution will have a more difficult time convincing a jury of that than of the charge of criminal attempt to commit false imprisonment (O.C.G.A. § 16-5-41), which is one of the charges against Bryan.
Going out on a limb here, I predict that, before they go to trial (assuming, as I do, that there will be a trial), the prosecutors will charge the McMichaels with criminal attempt to commit unlawful imprisonment in place of or in addition to aggravated assault. If they don't do that then I think the McMichaels will almost certainly be acquitted.
In any event, everyone interested in this case should critically scrutinize media and activist motives and narratives, consider the available evidence, and make up their own minds. Also ask yourself why some killings become national new stories with frequent updates and others get mostly ignored, nationally (see also here and here). Below is the best video (although the accuracy of the narration is spotty) of which I am aware of the events leading up to the shooting and some links to additional key case documents or sources.
- Glynn County Police Report of the Shooting
- Autopsy Report of Ahmaud Arbery
- DA George Barnhill's letter to Glynn County Police Department
- Ahmaud Arbery Murder Investigation | Georgia Bureau of Investigation
Labels: crime, critical thinking, guns, Justice, law, media, politics, race