BRUNSWICK (GA) — It is hard to overstate how important the video of Ahmaud’s death was and the evidence weight that this short clip will carry at trial for the three men who chased him and shot him.
Jeffrey Abramson, a University of Texas law professor, said that a cellphone camera is the star witness and that almost everyone in the community has seen or heard of the video.
It’s possible that there wouldn’t have been any criminal charges and therefore no trial in the 25 year-old Black man’s murder of on February 23, 2020. Travis McMichael, their father, and Travis McMichael, and William Bryan, their neighbor were initially interrogated and released by police. They remained free for two more months after Arbery had been shot in a residential street.
The video was posted online by a Brunswick radio station in May 2020. Republican Governor Brian Kemp described the video as “absolutely horrendous” and asked the Georgia Bureau of Investigation for assistance. Both McMichaels & Bryan were quickly arrested by its agents.
The Glynn County courthouse where jury selection began on Oct. 18, is expected to hold the three defendants for trial on murder and other charges. The three defendants’ attorneys will argue that the video does not show a murder but rather a self-defense shooting.
WHAT DO THE VIDEO SHOW YOU?
Bryan took the video from the driver’s seat in his pickup truck while following Arbery. He can be seen running alongside a residential street within the Satilla Shores subdivision.
The public court file contains two versions. The first is one minute and 43 seconds in length. It largely shows nothing more than a blacked-out screen. This could be because the phone was recording while it was lying on a surface or a seat. The second clip is the 36th and final seconds of the longer version. It starts as Arbery approaches McMichaels’ truck, which is parked on the road.
Greg McMichael, a man with a gun, is sitting in the truck’s back bed. Travis McMichael is armed with a shotgun and stands at the driver’s side doors.
Arbery is seen running around the truck’s passenger side, before he cuts in front of the truck. A gunshot is heard, then Arbery is seen grappling with Travis McMichael to get the gun. The second shot follows. Arbery is seen punching Travis McMichael. He then fires a third round at point-blank distance. Arbery falls face-first on the street after he stumbles.
What’s not clear in the video?
The video does not show the moment Travis McMichael and Arbery first came into contact. Instead, the truck blocks the view until the gunshot sounds.
They are seen from the driver’s side, grappling with one another, then they move out of the frame and cannot be seen when the second shot is fired.
ARE THE JURORS READY TO VIEW THE CLIP?
The video of the shooting was widely shared on news sites as well as social media platforms. Since jury selection began, the vast majority of more than 100 potential jurors who were interviewed by trial judges and lawyers said that they had seen the video at least once.
Many people claimed that they have seen the clip several times.
“I don’t know if it’s possible to set the video aside — It’s pretty burned into my memory,” stated one potential juror, who was identified only in court as No. 475 “But any opinions that I could put aside.”
The judge deemed him and others who saw the video fair-minded enough that they will remain in the pool to select a final jury. Because all of the potential jurors said that they were impartial and could decide the trial on the basis of the evidence in courtroom.
Some who reacted strongly to the video were dismissed by defense attorneys. These include No. Bryan was criticized by No. 5, who recorded the shooting.
The woman stated that “His videotaping of the scene was disgustingly vicious.” “But, I am thankful that he did it, because we can see what actually happened. It is still very sad.”
Bryan’s lawyer argued that No. 5 should not be allowed to join the jury. Superior Court Judge Timothy Walmsley dismissed her mainly because she is a single parent to a young child.
The video was not seen by everyone in the jury pool. No. 170 spoke up for attorneys. No. 219 stated that she began to play the clip, but couldn’t finish it. No. 402 stated that he had never seen it and didn’t feel the need. I was surrounded by a thousand people who were sharing their experiences.
Is it a problem if the video is seen by jurors?
The defense attorneys raised concerns about Linda Dunikoski, the prosecutor, stating that potential jurors who are most shocked by the video won’t be impartial. She should have dismissed them from the pool.
Dunikoski stated that she didn’t know if Dunikoski would want a juror who does not have an emotional reaction to seeing a video of a victim being killed. Dunikoski also claimed that potential jurors’ exposure to the clip was irrelevant because they will be shown it repeatedly throughout this trial.
The University of Texas law professor Abramson said that while pre-trial exposure to the video doesn’t automatically justify dismissing potential jurors, it should be a warning to judges that such individuals may have formed strong opinions.
Abramson stated, “When you have evidence that appears highly incriminating and it’s been viral for a time, people not only see it but also talk about it and share opinions with their family and friends.” “The mere fact that they will see it again does not negate the damage it has already done.”
