What's next in the Ahmaud Arbery case as it reaches a fourth district attorney?

Monday, May 11, 2020

News 12 at 6 o'clock/NBC at 7

AUGUSTA, GA. (WRDW/WAGT) -- A newly appointed district attorney will look at the facts as it relates to Gregory and Travis McMichael and the shooting of Ahmaud Arbery.

The federal investigation is looking into the officials who handled it all, but it could be a while before either goes to court.

And now, the Brunswick and Waycross DAs are now at the center of a federal probe.

"It’s whether or not you can be impartial irrespective of that relationship and you also want to avoid the appearance of impropriety," Augusta District Attorney Natalie Paine said.

The first attorney recused herself because McMichael previously worked in her office. The second attorney later recused himself, too.

But the state says it's about what happened in-between. Before the official hand-off from DA to DA was allowed, the Brunswick DA allegedly invited the Waycross DA to review the evidence.

The state says based on the letters they reviewed, the Waycross DA told police there should be no arrests, justifying the McMichael’s actions under the law.

Paine says the Citizens Arrests Law, which is being cited in this case, is a difficult justification.

“So, in Georgia, if you have witnessed first-hand a crime, something you have first-hand knowledge of that happened in your presence—that would really be the only way that I would say the Citizens Arrest Law could come into play," she said.

Paine argues the defense is not necessarily applicable when a weapon is used to try and detain.

"You are allowed to lawfully detain someone by reasonable means. It does not mean by any means," she said. "You’re certainly not given the opportunity to act as the police."

In any event, the only thing witnessed first-hand that day -- was Ahmaud, inside a home under construction, then later jogging away from it -- not a crime that would warrant a neighbor detaining him.

Additionally, Attorney General Chris Carr found the Waycross DA did not disclose, upon learning, his own son was also apart of a previous prosecution of Arbery, stemming back to high school years.

The state says they are committed to a complete and transparent review of the handling of this case.

The courts are under a freeze due to COVID-19, which could lead to any proceedings being delayed. We've learned each time a case is handed to a new DA, it can push back the prosecution timeline by additional weeks.

The U.S Department of Justice is also reviewing if hate crime laws would be applied to the case. Georgia is one of four states without hate crime laws so any related charges would have to be federal.