OFFICE OF THE DISTRICT ATTORNEY ‘WAYCROSS JUDICIAL CIRCUIT George F. Barnhill 306 Albany Avenue (912) 287-4398 District Attorney Waycross, Georgia 31501 FAX (912) 287-4399 Captain Tom Jump Glynn County Police Department Investigation Division 157 Public Safety Blvd. Brunswick, GA 31525 Email: tjump@glynneounty-ga.gov Ref: Glynn County, The Shooting death of Ahmaud Arbery, Feb 23rd, 2020 Dear Captain Jump: My office received the Arbery autopsy report [dated 4/1/2020] yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before Tinalizing our opinions. However, since we were initially requested to handle the case the vietim’s mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attomey's Office where Greg McMichael retired some time ago. She believes there are kinships between the partes [there are not] and has made other unfounded allegations of biasfes]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. Tam contacting the Georgia Attomey General Office and seeking their assistance in finding another District ‘Attomey in the State to handle the further ‘evaluation for prosecution’ in this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not. Given the Governor's current shelter in place urder and Justive Melton's Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once anather is found; when that District Attomey will have the staff available (o review this casefile. I hope for all involved it will move along as quickly as possible. LotaAfter talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of “Arrest”. Since I have already given you an initial opinion the day afterthe shooting, I feel I can still comment on this limited issue. First, Lam the current elected District Attomey for the Waycross Circuit, I have worked as a criminal prosecutor forsome 36 years. Asan Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attomey the last 5 years; T have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. Thave no idea how many Aggravated Assault cases involving gunshots and wounds ofall types; Plus T have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attomeys have reviewed the evidence extensively and concur on all points. ‘Second, As tothe case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 24th, 2020 at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time, We do not see grounds foran arrest of any of the three parties. Third, Ttappears Travis McMichacl, Greg McMichael, and Bryan William were following, in ‘hot pursuit’, a burglary suspect, with solid first hand probable cause, in their neighborhood, and askingy telling him to stop. It appears their intent was tu stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal, ‘OCGA17 4 60"A private porcon may arrest an offender if the offence is committed in his presence or within his immediate knowledge. Ifthe offense is a felony and the offender is escaping or attempting o escape, a private person may arrest him upon reasonable and probable grounds ofsuspicion.” Fourth, Itclearly appears Travis McMichael and Greg McMichael had firearms bemg caried in an open fashion, The investigation shows neither of them (o be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry. OCGA 16-11-1268 a) Any person whois not prohibited by law from possessing a handgun orlong gun may have or carry ons or her persona weapon or long gun on his or her property or inside his or herhome, motor vehicle, or place of business withouta valid weapons carylioense (0) Any person wo s not prohibited by aw from possessing a handgun or long yun may have ot arty on his or her persona long gun without a valid weapons cary license, provided that the long gun's loaded, it shall only be cartiedin an open and fully exposed manner.” 203Fifth, The video made by William Bryan clearly shows the shooting in real time, From said video it appears Ahmand Arbery was running along the right side of the McMichael truck then abruptly tums 90 degrees to the left and attacks Travis McMichael who was standing at the front left comer of the truck. A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The Ist shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun al the barrel tip, the 2nd and 3rd wounds are consistent with the strugele for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that MeMichael ‘was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. ‘The 3rd shit (00 appears (o be in a struggle over the gun. The angle of the shots and the video chow this was from the beginning or almost immediately became~a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, MeMichacl was allowed tv use deadly force tw protect himself. Just as importantly, while we know MeMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattem to attack an armed man, OCGA 16-3-21 Use of Forve in Defense, onve confronted with a deadly foroe situalion an individual isallowed to use deadly force to defendthemselves or others OCGA 16-3-23.1 Georgia'sNo Dutyo Retreat Law, an individual is nulreyuired lo back away fun oF submitlo an attack, OCGA46-3-24 fb] The use of force which intended or likelyta cause dath ar great holy harm in pravent frespasson or ather tations ar criminal interference with real property other than a habitation or personal property isnot justified unless the person using such foree reasonably believes that itis necessary fo preventthe commission ofa forcible felony. (OCGA 16-3-242 A person properly and legally defending themsclvesisimmune from prosecution For the above and foregoing reasons, it is vur couclusiva thee is insufficient probable cause to issue arrest warrants at this time. As to any further issues on whether to present this toa Glynn County Grand jury, that will have to wait for the next District Attomney’s review. Please consider this an OPEN file until that decision is made and restrict the release of any information under Georgia Open Records Act requests. Sincerely, George E. Bamhill District Attomey ‘Waycross Judicial Circuit 3082