Legal Questions Raised After Gregory & Travis McMichael Charged With Murdering Ahmaud Arbery

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As reported in the Daily Wire “The Georgia Bureau of Investigation arrested father and son Gregory McMichael, 64, and Travis McMichael, 34, on Thursday in connection with the fatal shooting of Ahmaud Arbery, whose mother says was out on his “daily jog” at the time of his death.”

Ahmaud Arbery
Ahmaud Arbery

“They were both charged with murder and aggravated assault.” said the bureau. “The McMichaels were taken into custody and will be booked into the Glynn County Jail,”

Although some have brought up the question of race and whether racial profiling factored into Arbery’s fatal shooting; (Peep LeBron James’ tweet about “blacks” being hunted down every time we step out of our houses); it is the legal differences of opinion on the matter which raises an eyebrow.

Now back to The Daily Wire article, which reads: “Since the incident, two prosecutors have recused themselves from the case. George Barnhill, the second prosecutor, told a police chief in a letter obtained by The New York Times that he was recusing himself at the request of the victim’s mother.”

In the letter, Barnhill argues he believed there was insufficient evidence to make any arrests; “given the fact Arbery initiated the fight.” (The Daily Wire) How Barnhill concluded as fact that Arbery initiated the fight, is pure conjecture at this point.

Anyway, Barnhill argues that it was at “at the point Arbery grabbed the shotgun under Georgia Law, McMichael was allowed to use deadly force to protect himself.”

But former U.S. attorney in Atlanta, Michael J. Moore, disagrees with that legal opinion.

In his statement to The New York Times he posited that “The law does not allow a group of people to form an armed posse and chase down an unarmed person who they believe might have possibly been the perpetrator of a past crime,” said Moore.

Time will tell which side of the legal argument wins out in this case.


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Dean Nestor

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