SAVANNAH (GA) A Georgia judge ruled that the defense attorneys of Ahmaud Archery won't be permitted to present evidence about the slain Black men's past legal issues when their clients are tried for murder.
Gregory McMichael and Travis McMichael are on trial for killing 25-year old Arbery last summer while he was running in their neighbourhood outside of coastal Brunswick. Jury selection will begin Oct. 18.
McMichaels' attorneys wanted to tell the jury about Arbery's past encounters with law enforcement. This was to discredit prosecutors' claim that he was an innocent jogger. The defense attorneys claim that the white men reasonable suspected Arbery of committing a crime when they started the pursuit that resulted in his death.
Prosecutors claimed that Arbery was being tried by defense lawyers, who wanted to include his criminal record and other past problems in the case. None of the defendants had any knowledge about Arbery's past or knew anything about it prior to the shooting. Prosecutors claimed that his past was irrelevant in their decision to arm and shoot the man who tried to flee.
Superior Court Judge Timothy Walmsley stated that evidence of Arbery’s past problems with the law could unfairly lead to the jury believing that Arbery may be future danger in that he will eventually commit more crimes. Therefore, the actions taken by the Defendants were justified.
The judge wrote Monday that the victim's character is not relevant or admissible at murder trial.
After spotting Arbery running through their neighborhood on February 23, 2020, the McMichaels followed him in a pickup truck. Bryan joined the chase, and captured cellphone video of Travis McMichael firing three shots at Arbery from close range using a shotgun.
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Defense lawyers claim that the men did not commit any crimes. After Arbery was caught on video inside a house under construction, the McMichaels believed he was a burglar. Travis McMichaels lawyers claim that he shot Arbery out of self-defense.
Arbery was not armed at the time he was shot and killed. Prosecutors claim that nothing was stolen from the site, and Arbery was simply jogging.
The defense attorneys also requested that the judge allow them to present evidence Arbery had a mental disorder. Walmsley has yet to rule on this request.
Arbery pleaded guilty in 2013 to carrying a gun on a high school campus. This was one year after his graduation. Rodney Ellis, the chief of police for Glynn County schools, testified Wednesday that Arbery attempted to evade officers by walking and was stopped when two officers pointed guns at his head.
In 2017, he was also charged with trying to steal a television from a Walmart. According to court records, he pleaded guilty shoplifting. Arbery was currently on probation at the time he died.
