Judge: Ahmaud Arbery's past troubles irrelevant to trial

SAVANNAH, Ga. – Defense attorneys for the men charged with sidesplitting Ahmaud Arbery won’t beryllium allowed to contiguous grounds of the slain Black man’s past ineligible problems erstwhile their clients basal proceedings for murder, a Georgia justice ruled.

Gregory and Travis McMichael, a begetter and son, and their neighbour William “Roddie” Bryan Jr. are awaiting proceedings this autumn for chasing and sidesplitting 25-year-old Arbery past twelvemonth arsenic helium ran successful their vicinity extracurricular coastal Brunswick. Jury enactment is scheduled to commencement Oct. 18.

Attorneys for the McMichaels wanted the assemblage to perceive astir Arbery’s past run-ins with instrumentality enforcement, including 2 arrests, to formed uncertainty connected prosecutors' contention that helium was simply an guiltless jogger. Defense attorneys accidental the achromatic men reasonably suspected Arbery had committed a transgression erstwhile they began the pursuit that ended successful his death.

Prosecutors argued that defence lawyers were seeking to enactment Arbery connected proceedings by making his transgression grounds and different anterior problems portion of the case. None of the 3 defendants knew Arbery, oregon thing astir his past, anterior to the shooting. Prosecutors said his past was irrelevant to their determination to limb themselves and yet sprout a antheral who was trying to tally away.

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In a written order, Superior Court Judge Timothy Walmsley ruled grounds of Arbery's past run-ins with the instrumentality could unfairly “lead the assemblage to judge that though Arbery did not seemingly perpetrate immoderate felony that day, helium whitethorn airs aboriginal dangerousness successful that helium would yet perpetrate much alleged crimes, and therefore, the Defendants’ actions were someway justified.”

"The quality of unfortunate is neither applicable nor admissible successful execution trial,” the justice wrote successful his ruling Monday.

The McMichaels pursued Arbery successful a pickup motortruck aft they spotted him moving successful their vicinity Feb. 23, 2020. Bryan joined the pursuit and took cellphone video of Travis McMichael shooting Arbery 3 times astatine adjacent scope with a shotgun.

Defense attorneys reason the 3 men committed nary crimes. They accidental the McMichaels suspected Arbery was a burglar aft helium was recorded by video cameras wrong a location nether construction. Travis McMichael’s lawyers accidental helium changeable Arbery successful self-defense.

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Arbery was unarmed erstwhile helium was killed. Prosecutors person said thing was stolen from the operation tract and Arbery was simply jogging.

Defense attorneys person besides asked the justice to fto them present grounds Arbery suffered from a intelligence illness. Walmsley has not ruled connected that request.

Arbery pleaded blameworthy to charges helium carried a weapon onto a precocious schoolhouse field successful 2013, a twelvemonth aft helium graduated. Rodney Ellis, constabulary main for the Glynn County schoolhouse system, testified astatine Wednesday’s proceeding that Arbery tried to evade officers connected ft and stopped lone erstwhile 2 of them pointed guns astatine him.

He was besides arrested successful 2017 connected charges that helium tried to bargain a TV from a Walmart store. Court records amusement helium pleaded blameworthy to shoplifting. Arbery was connected probation astatine the clip of his death.

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