By Daniella Silva -
NBC News
The three white men charged with murder in Ahmaud Arbery's death made the decision to "attack" because Arbery "was a black man running down the street," not because he was a threat, prosecutor Linda Dunikoski alleged Monday during the final arguments.
"Mr. Arbery was being attacked," Dunikoski told jurors, adding that the defendants were not justified in pursuing and killing Arbery.
[Following the acquittal of Kyle Rittenhouse and the murder of Ahmaud Arbery, will there be more recourse to 'own hand justice'?]
Travis McMichael;
his father, Gregory McMichael;
and neighbor William
Roddie
Bryan are charged with chasing Arbery in vans on February 23, 2020, through the Satilla Shores neighborhood where they lived in Brunswick, Georgia.
Travis McMichael shot Arbery, 25, with a shotgun at close range.
Bryan filmed the fatal encounter with his mobile phone.
The three defendants were arrested months later, after the video leaked and brought the case to the attention of the world.
Ahmaud Arbery's mother, Wanda Cooper-Jones, left, along with her attorney Lee Merritt, center, listens to William 'Roddie' Bryan's defense attorney, Kevin Gough, present his closing statement to the jury in Court of Glynn County, Brunswick, Georgia, Monday, Nov. 22, 2021 Stephen B. Morton / AP
All of them are charged with treachery, murder, aggravated assault, illegal detention and attempted crime.
They face a life sentence if convicted.
Closing arguments in the case began Monday and will continue Tuesday morning with a final rebuttal of the prosecution before the case goes to the jury.
[Biden expresses his "anger and concern" over the exoneration of Kyle Rittenhouse and Trump claims he acted in self-defense]
Defense attorneys have said the defendants suspected Arbery was a thief and were attempting to carry out a citizen's arrest, which was legal at the time.
They also claim that Travis McMichael shot Arbery in self-defense.
Dunikoski said Monday that the three defendants committed four crimes against Arbery and then “shot and killed him.
Not because he was a threat to them, but because he didn't stop to talk to them. "
He said the defense was going to try to convince the jury that Arbery was the attacker and in some way a threat to the men.
"Three against one, two trucks, two guns," he said of the defendants.
“Arbery had nothing in his pockets.
Not a cell phone, not a gun.
Not even an ID, ”he recalled.
One of those accused of killing Ahmaud Arbery says he shot in self-defense
Nov. 18, 202100: 35
"If you are the first unjustified aggressor, you cannot claim self-defense," he alleged.
Dunikoski also said that the defendants were not conducting a "citizen's arrest" because they did not see Arbery commit a crime in their presence that day and were not immediately aware that Arbery had committed any wrongdoing.
[The verdict in favor of Kyle Rittenhouse generates mixed opinions in the country]
“Is the suggestion that Ahmaud committed a crime based on what?
Not in immediate knowledge, but in speculation, "he said.
Defense attorneys for the McMichaels have said the defendants were protecting a neighborhood that had seen an increase in crime.
"A good neighborhood always watches itself," Laura Hogue, attorney for Gregory McMichael, told jurors during closing arguments.
Each defendant has his own defense team.
Jason Sheffield, representing Travis McMichael, said Monday that his client had a "right to a citizen's arrest" and that he believed Arbery had committed the crime of robbery.
Arbery had been seen several times on security camera videos of a nearby house under construction.
The videos did not show Arbery taking anything from the property.
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"You have the right to have a firearm when you make an arrest," Sheffield said.
“You have the right to arrest a person and detain him for the police.
And that carries a risk and can have tragic consequences, "he added.
Sheffield said Travis McMichael had his own "horrible" experience about two weeks before the fatal shooting when he saw a man in his neighborhood "run across the street and then crouch in the shadows."
Travis McMichael has said that the man, who was described to police as a black man, pulled up his shirt and acted as if he was searching his pocket for something.
Sheffield said McMichael had also seen videos of a man in the home that was under construction and spoke to the man who owned the home about stealing property from a boat.
"He has seen everything other than the hand on the equipment that was stolen," the attorney said.
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Kevin Gough, Bryan's attorney, tried to separate his client from the McMichaels and downplay Bryan's role in the men's encounter with Arbery.
"Mr. Bryan's presence did not contribute directly or substantially to Mr. Arbery's death," Gough said.
"Because the McMichaels were certainly capable of reaching and shooting if that was their intention."