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One of the perennial questions in law is whether justice is blind. Does the fact that justice wears a blindfold connote fairness and impartiality or a general insensitivity to the plight of Black people?
The case of Ahmaud Arbery, a 25-year-old jogger in Georgia randomly gunned down by white assailants and the Trayvon Martin case in 2012, involving a self-appointed neighborhood association patrolman George Zimmerman, brings these questions into stark relief. Still, from then to the present these cases have proved that the desire to take Black lives remains high. These events often occur under the guise of legal defenses designed to mitigate the outcomes. Defenses ranging from standing your ground to fear for one's life or in the latest instance, a citizen's arrest, and a no-knock warrant are the guises under which these sinister crimes are committed. These defenses not only ring hollow and appear threadbare in their legal application but also leave Black bodies lifeless with families and communities in turmoil and disarray. For things to change, Justice must Awakeand open her eyes to the suffering and inhumanity in our current legal system, especially with respect to the Black community.
The case of Ahmaud Marquez Arbery is the latest in a string of sorted affairs. Arbery, a Black unarmed jogger, was killed while running through a predominantly white community near Brunswick in Glynn County, two months ago. Out for a routine jog, Arbery was confronted on a street in Satilla Shores by two assailants namely: Gregory and Travis McMichael who without proof or verification, were convinced that he was a suspected burglar. The two men, a father and son team, violently confronted Arbery shooting him three times: once in the arm and twice in the chest. Because one of the assailants was a former investigator, the case was judged a citizen's arrest and self-defense and ultimately shelved. The global pandemic also contributed to the situation and it was until community outrage started and also owing to the efforts of the local National Association for the Advancement of Colored People (NAACP) and Arbery’s parents that efforts to address the situation were finally taken.
Ahmaud Arbery was murdered on 23rd of February, 2020 by McMichael's. A video of the altercation was recorded by William “Roddie” Bryan -who was initially listed as a witness in the police report, but has recently been charged with felony murder and attempted false imprisonment.
The case has taken several interesting turns since its inception. Apparently, twelve days before Arbery’s murder, he had a confrontation with one of his future assailants, Travis McMichael. The confrontation occurred in a partially constructed home. Travis claims he was alerted to Arbery’s presence by a motion sensor operated by the property owner Larry English. English called Diego Pérez, a neighbor, who was watching the property. Pérez went to the property where he saw McMichael coming up in a truck. Pérez claims Travis McMichael confronted Arbery in the yard but he got spooked and ran off when Arbery reached for his waistband. Travis then returned with his father Gregory who was carrying a gun.
Aubrey's shooting and subsequent death occurred 12 days later. Rather than a swift arrest, a series of delays took place. The McMichael's where not immediately charged, but instead their actions were deemed "perfectly legal" by the prosecutor. Although initial video footage detailing the confrontation and subsequent murder of Arbery was available at the time of the arrest, additional footage was being reviewed by the Georgia Bureau of Investigation. Jackie Johnson, the District Attorney in the Brunswick Judicial Circuit, recused herself from the case and asked that the case be transferred to George Barnhill in the nearby Waycross jurisdiction. However, Johnson's office advised that the McMichael's were not flight risks and "no arrests were necessary" at this time.
Barnhill then assumed control of the case. Barnhill reviewed the evidence and concluded there were “no grounds for arrest.” His credibility and impartiality were immediately challenged by Arbery’s mother. In a letter dated April 2nd, Barnhill disclosed that the mother pointed to kinships and bias in the handling of the case because the elder McMichael was a former police officer and investigator in the department. Barnhill decided to recuse himself and his investigators from the case. The Third prosecutor Tom Durden received the case on April 13th and had the Georgia Bureau of Investigation (GBI) investigate the case.
On May 5th, a defense attorney leaked the video to WGIG, a local radio station and it went viral on Youtube and Twitter after it was posted on the station’s website. The video which detailed Arbery’s murder caused public outrage leading to calls for the arrest of the McMichaels. On May 6th, Arbery’s parents held a news conference and pushed for a similar outcome. The family was joined in their protests by Joe Biden and a host of celebrities ranging from Kim Kardashian to Basketball star and film producer Lebron James.
It wasn’t until May 8th, on the eve of Aubery’s 26th birthday that the two assailants, Gregory and Travis McMichael, father and son, were arrested by the GBI and charged with felony murder and aggravated assault while, the charging of William Roddie Bryan, the man who videotaped the Aubery murder occurred on May 21st. According to the GBI director, Vic Reynolds in a statement issued on May 8th, he said there was “sufficient probable cause to charge the McMichael’s with felony murder and aggravated assault”
The Ahmaud Arbery case represents a litany of cases where the rights of Black and Brown people are violated. For this situation to change, Justice must Awakeand redress the grievances of the community. A hopeful sign is the recent designation of this case by the U.S. Justice Department as a hate crime. U.S Attorneys for the Southern District of Georgia will investigate why it took two months to make an arrest in the case and whether the region has historically violated citizen rights.