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UPDATE: Judge Finds Probable Cause Against All Suspects In Ahmaud Arbery Case
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UPDATE 4:40 p.m.: The judge has found there is probable cause to head to trial in the shooting death case
ORIGINAL STORY: Evidence revealed in court Thursday in the killing of Ahmaud Arbery alleges that the young black man was repeatedly boxed in by two pickup trucks as he desperately tried to escape.
A Georgia Bureau of Investigation agent says a white man then shot him in the chest, the first of three shots with a pump-action shotgun.
LIVE: Arbery Suspects Preliminary Hearing
Agent Richard Dial testified that the driver of the second pickup truck, Roddie Bryan, said Travis McMichael then stood over Arbery’s body and said a racist epithet before police arrived.
The evidence could factor into a federal investigation into whether hate crime charges are warranted.
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Lawyers for the defendants and the state acknowledged in court the extraordinary context for the hearing, following a week of angry protests in the U.S. over law enforcement biases against black victims. Most wore masks when they approached the bench or when they weren’t speaking, conscious of the need to prevent spreading the coronavirus while most courts are closed due to the pandemic.
Glynn County Magistrate Judge Wallace E. Harrell must determine whether authorities have enough evidence of murder to go to trial.
Arbery was killed Feb. 23 after the father and son armed themselves and gave chase when they spotted the 25-year-old black man running in their neighborhood just outside the port city of Brunswick. Bryan said he spotted them driving by and joined the chase, Dial said.
It wasn’t until May 7 that the three men were charged with felony murder and aggravated assault. The McMichaels’ arrests came two days after cellphone video of the shooting leaked online and stirred a national outcry.
Bryan, 50, filmed the video. He also was arrested and charged with felony murder and illegally using a vehicle to try to confine and detain Arbery.
Georgia law defines felony murder as a killing caused by the commission of an underlying felony. It does not require intent to kill. The minimum penalty is life in prison with a chance of parole.
Largely peaceful protests following the deaths of George Floyd in Minneapolis, Breonna Taylor in Louisville, Kentucky, and Arbery have led to outbreaks of violence in many larger cities, including Atlanta. Georgia Gov. Brian Kemp promised a “strong state law enforcement presence” in the Brunswick area Thursday to coincide with the court hearing.
Defense attorneys requested the hearing to make prosecutors show whether they have probable cause to charge the men with murder.
Greg McMichael told police after the shooting in February that he suspected Arbery of committing break-ins in the neighborhood. He said Arbery attacked his son before being shot.
Arbery’s family has said he was merely out jogging. The former high school football player ran to stay in shape and lived less than 2 miles (3.2 kilometers) from the subdivision where he was killed. His mother said he planned to start technical college in the fall to become an electrician.
Defense attorneys for both McMichaels have said much remains unknown about what led to the shooting and have cautioned against rushing to judgment. An attorney for Bryan has said he was merely a witness to Arbery’s death.
All three defendants remain jailed in Glynn County. A different judge will have to decide whether to allow them to go free on bond.
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