Hey folks,
We had a recent request in the comments for access to the indictments in the Ahmaud Arbery case, meaning for each of the defendants: Gregory McMichaels, Travis McMichaels, and William “Roddy” Bryan.
In fact, the grand jury issued a single general indictment covering all three defendants, rather than separate indictments of each. That general indictment is here:
Also, you can find all the court filings for each of the defendants at these links:
Travis McMichael court filings
William “Roddy” Bryan court filings
OK, folks, that’s all I have for you on this topic for today.
Until next time:
Remember
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
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That indictment seem to me to be to general in nature to be constitutional.
I’m wondering if there is case law regarding the part of the §17-4-60 as to what constitutes “immediate knowledge”.
Many commentators keep pointing out that the McMichael’s didn’t see Arbery commit any offense so their attempted citizen’s arrest wasn’t allowed.
But the text of the law states in relevant part that: “the offense is committed in his presence or within his immediate knowledge”
There were 911 calls from someone who *was* witnessing Arbery in the structure but all of the 911 recordings are blanked out when the caller identifies themselves nor have I seen it in any of the transcripts. It would seem that if that witness either was one of the McMichael’s, or Bryan, or someone who contacted them at the time, that would constitute immediate knowledge.
Would be interested in hearing more about this aspect if/when you can.
Arbery committed a number of offenses in Travis MaMichael’s presence about 1 week prior to the homicide. Travis observed Arbery trespassing, proweling, and committing an assaault in his presence and I believe that, coupled with an unlawful entry into a building is sufficient “reasonable and probable grounds for suspision” that he committed a felony burglary. I would think that “reasonable and probable grounds for suspision” would be a much lower standard that “probable cause.” The statute of limitations on those crimes is much longer than one week and this was the first time that Travis had caught sight of Arbery since he had made his escape. Escape is not a get out of jail free card for felons.
Assault. While Travis was on the phone with 911 and Arbery was still in the building Travis told the dispatcher that Arbery made a motion as if to reach for a gun and this scared Travis so bad that he was hyperventilating so bad the 911 operator was afraid he was having a heart attack and asked if he needed an ambulance.
Arbery committed a number of offenses in Travis MaMichael’s presence about 1 week prior to the homicide. Travis observed Arbery trespassing, proweling, and committing an assaault in his presence and I believe that, coupled with an unlawful entry into a building is sufficient “reasonable and probable grounds for suspision” that he committed a felony burglary. I would think that “reasonable and probable grounds for suspision” would be a much lower standard that “probable cause.” The statute of limitations on those crimes is much longer than one week and this was the first time that Travis had caught sight of Arbery since he had made his escape. Escape is not a get out of jail free card for felons.
Assault. While Travis was on the phone with 911 and Arbery was still in the building Travis told the dispatcher that Arbery made a motion as if to reach for a gun and this scared Travis so bad that he was hyperventilating so bad the 911 operator was afraid he was having a heart attack and asked if he needed an ambulance.