Defense: Travis McMichael believed Arbery committed a burglary

The latest in the trial in the killing of Ahmaud Arbery

By Meg Wagner, Mike Hayes, Melissa Macaya and Melissa Mahtani, CNN

Updated 2345 GMT (0745 HKT) November 22, 2021
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12:06 p.m. ET, November 22, 2021

Defense: Travis McMichael believed Arbery committed a burglary

From CNN's Mike Hayes

Defense attorney Jason Sheffield said during his closing argument that before he shot Ahmaud Arbery, Travis McMichael "believes that he has committed the offense of burglary." 

Sheffield argued that McMichael had "the right to perform a citizen's arrest." 

"You do have the right to have a firearm when you make an arrest. You do have the right to stop a person and hold them and detain them. There is risk with that. There are tragic consequences that can come from that," Sheffield argued.

Earlier today, during the state's closing argument, lead prosecutor Linda Dunikoski said that McMichael and the other two defendants did not have a right to perform a citizen's arrest.

Dunikoski told the jury that the defendants' actions were not a lawful citizen's arrest because they were "not present when any crime was committed." 

"The suggestion that Ahmaud committed a crime is based on what? Not immediate knowledge, but speculation," she said

She added that the defendants wanting "to question Ahmaud demonstrates a lack of immediate knowledge [of a crime], which is required, required under the citizen's arrest law...that means this was not a lawful citizen's arrest."

Sheffield said during his closing argument that the "law allows the citizen to make a citizen's arrest."

The judge told the jury earlier that he will instruct them on the law before they begin deliberations.

The defense's closing argument is ongoing.

11:58 a.m. ET, November 22, 2021

Defense attorney says there is no evidence Ahmaud Arbery jogged in Satilla Shores

From CNN's Mike Hayes

Defense attorney Jason Sheffield said during his closing argument that "there is no evidence that Ahmaud Arbery ever jogged or exercised in Satilla Shores."

"Not one friend, not one family member, and not one eyewitness" testified that Arbery jogged in the neighborhood, Sheffield added.

The defense attorney also noted that police going door-to-door found no evidence that Arbery exercised in the neighborhood where he was shot and killed.

The defense's closing argument is ongoing.

11:49 a.m. ET, November 22, 2021

Defense team describes the neighborhood encounter that "freaks" Travis McMichael out before Arbery shooting

From CNN's Mike Hayes

(Pool)
(Pool)

Defense attorney Jason Sheffield said during his closing argument that Travis McMichael had an encounter with a person near his house that "freaks him out" a few weeks before the Arbery shooting.

"On this night, Travis is driving out of the neighborhood to go get some gas...And on his way out, as he is driving down the road, out of the neighborhood, he sees a man run across the street, and duck into the shadows" behind a house. 

The defense attorney said McMichael backed his car up with the headlights on the house. McMichael saw the man come out from behind the house, pull up his shirt, and reach into pocket "and that totally freaks out Travis." 

After this encounter, McMichael called the police and told them "we've had a string of burglaries, a lot of burglaries and break-ins" in the neighborhood. 

The defense's closing argument is ongoing.

11:33 a.m. ET, November 22, 2021

Defense: Travis McMichael "trained relentlessly about his duty and responsibility"

From CNN's Mike Hayes

(Pool)
(Pool)

Defense attorney Jason Sheffield opened his closing argument by telling the jury that Travis McMichael, the defendant who shot and killed Ahmaud Arbery, "spent almost a decade of his life learning about duty and responsibility" in the US Coast Guard.

"He received extensive training on how to make decisions that would ultimately impact his beliefs as a petty officer and a boarding officer in the Coast Guard. He ventured into some of the most treacherous waters 200 miles off the coast of the United States. He trained relentlessly about his duty and his responsibility, even after active service and working in the Coast Guard, he trained weekly on what the law provided that he do, what his responsibilities were, how he would make decisions in critical moments of policing and critical moments of rescue." 

Sheffield continued: "These teachings were burned in [McMichael's] brain to the point of muscle memory so that he could perform his duty and his responsibility to his country and his community." 

Some more context: Travis McMichael testified during the trial that during his time in the Coast Guard, he was trained on the use of force continuum and de-escalation.

During her closing argument, lead prosecutor Linda Dunikoski reminded the jury that none of the defendants were law enforcement officers at the time that Arbery was killed.

11:22 a.m. ET, November 22, 2021

NOW: Defense begins closing arguments

From CNN’s Devon M. Sayers and Alta Spells  

The court is back from a short break and the defense team has begun their closing arguments. 

Attorneys for each of the three defendants will get up to one hour to present their closing arguments to the jury.  

About the defense's argument: During their portion of the trial, the defense team called seven witnesses, including defendant Travis McMichael. 

They sought to paint a picture of a neighborhood that was concerned and fearful about the crime threat, saying the McMichaels were doing their civic duty when they got into their truck and attempted to talk to and detain Arbery, whom they believed was a responsible for a crime and acted in self-defense, when shooting him. 

Attorney Jason Sheffield, who represents Travis McMichael, is the first defense attorney to present. 

The arguments follow 10 days of proceedings and testimony from more than 20 witnesses. The defense rested Thursday. Lawyers and the judge worked Friday on jury instructions.

10:55 a.m. ET, November 22, 2021

Prosecutor says defendants never told the police they were "doing a citizen's arrest"

From CNN's Mike Hayes

(Stephen B. Morton/Pool/AP)
(Stephen B. Morton/Pool/AP)

Lead prosecutor Linda Dunikoski wrapped up her closing argument by reiterating that the defendants wanted to detain Ahmaud Arbery because they "assumed" he committed a crime because "he was running down the street."

"That's not the law, ladies and gentlemen, not the law at all," she told the jury.

She reminded the jury that the evidence shows that the defendants never said on the day of the shooting that they were "doing a citizen's arrest."

"It was all, we wanted to stop, we wanted to question him about what he was doing because he must have committed a crime that day, and we were going to hold him so the police could go back and figure out what crime it was that he must have committed because he was running down the street," Dunikoski said.

She told the jury to use their "common sense" when they weigh the facts of the case.

The prosecution has concluded its closing argument. When court resumes, it will be the defense's turn to deliver its closing argument.

10:46 a.m. ET, November 22, 2021

Prosecution: You can't "create the situation" and then say you "were defending yourself"

From CNN's Mike Hayes

(Stephen B. Morton/Pool/AP)
(Stephen B. Morton/Pool/AP)

Prosecutor Linda Dunikoski said that the defendants "trapped" Ahmaud Arbery "between two cars with no weapon, no way for anyone to help him." 

She said that Arbery was not "threatening anyone" and was "just running away" from the defendants, who were chasing him with two pickup trucks.

She noted it was Travis McMichael who pulled out his shotgun while Arbery was running and created the danger

"You can't be the unjustified aggressor. You can't create the situation and then say that you were defending yourself. You just can't do...you just can't do it."

The state's closing argument is ongoing.

10:35 a.m. ET, November 22, 2021

Some of the neighbors called by the defense are "Team McMichael," prosecutor says

From CNN's Mike Hayes

(Stephen B. Morton/Pool/
(Stephen B. Morton/Pool/

Lead prosecutor Linda Dunikoski told the jury that it is up to them to determine the credibility of witnesses who testified in the case.

The prosecutor argued during her closing statement that some of the neighbors called by the defense to testify were "Team McMichael." 

"Let's talk about some of the defense witnesses. Annabelle Beasley, what did she do when she got off the stand? She walked over here and waved at [the defendants] as she walked off the stand. I know you all saw that. Annabelle Beasley: Team McMichael."

Dunikoski told the jury that another witness who testified said they were "hanging out" and "going on ... the boat" with members of the McMichael family after the shooting occurred.

10:29 a.m. ET, November 22, 2021

Defendants are not law enforcement officers, prosecutor says

From CNN's Mike Hayes

Prosecutor Linda Dunikoski said that the defendants violated Ahmaud Arbery's right to personal liberty when they chased after him in their trucks and tried to detain him.

"Guess what? We are citizens of the United States, right? We live here. We have personal liberty. This is a free country. Other people cannot come up and stop us and hold us and detain us. Okay? They have to actually have seen us commit that crime in order to effectuate a citizen's arrest. You go around and you start stopping people, you are doing that in violation of their personal liberty," she said in court.

Dunikoski noted for the jury that the defendants are not law enforcement officers and had no authority to stop Arbery.

"They try to unlawfully confine and detain Ahmaud Arbery without legal authority. They did not see him commit any crime. It was not a citizen's arrest. They are not law enforcement officers. They are not in a marked patrol car. They are not there with badges on their arms. They are not in a uniform. Without legal authority, they chased Ahmaud Arbery with an F-150 pickup truck and a Chevy Silverado." 

The state's closing argument is ongoing.