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

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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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.

10:21 a.m. ET, November 22, 2021

Prosecution: This was not a citizen's arrest

From CNN's Mike Hayes

(Pool)
(Pool)

Prosecutor Linda 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 said that the defendants' desire to stop and question Arbery "demonstrates uncertainty." 

"'Hey, where are you coming from?' They don't know where he's coming from. 'What are you doing?' They don't know what he's doing. Remember Mr. Bryan heard, 'What did you steal?' They don't know what he's done. They don't know why he's out there running. They don't have immediate knowledge. They have no knowledge. They have speculation," Dunikoski 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."

During Dunikoski's remarks about citizen's arrest, the defense objected, claiming that her statements about the law were inaccurate. The judge reminded the jury that before they begin deliberations he will we instruct the jury on the law.

The state's closing argument is ongoing.

9:55 a.m. ET, November 22, 2021

Prosecutor says defendants shot and killed Ahmaud Arbery because he wouldn't stop and talk to them

From CNN's Mike Hayes

Linda Dunikoski, lead prosecutor in the state's case against Gregory McMichael, Travis McMichael and William "Roddie" Bryan Jr., opened her closing argument by telling the jury that the state has to disprove self-defense and citizen's arrest in the case.

She said that what this case is about is "assumptions and driveway decisions." 

"Now, you heard the defense talk about well, probable cause. You are going to have to distinguish between assumptions based on gossip and rumor, and all of this neighborhood talk on Facebook, and actual probable cause to believe a crime had been committed, and someone had committed that crime. The state's position is, all three of the defendants made assumptions."

Dunikoski said that the defendants made the decision to attack Ahmaud Arbery "in their driveways" because "he was a Black man running down the street."

The prosecutor told the jury that instead of calling 911 the defendants decided they would question Arbery.

"The bottom line, they assumed he must have committed some crime that day because he's running real fast down the street, right? They did not call 911. They wanted to stop him and question him before they called 911. How do we know? Because that's what they told the police that night."

She said the defendants shot and killed Arbery "because he wouldn't stop and talk to them." 

"They were going to make him, absolutely make him stop," she added.

"But the bottom line is, but for their actions, but for their decisions, but for their choices, Ahmaud Arbery would be alive. And that's why they've been indicted with murder, felony murder, and the four felonies that led to the murder."

The state's closing argument is ongoing. 

9:46 a.m. ET, November 22, 2021

NOW: Prosecution begins closing arguments

From CNN's Christina Maxouris, Devon M. Sayers and Alta Spells

The prosecution is beginning closing arguments in the trial of three men accused of killing Ahmaud Arbery.

Jurors have heard from more than 20 witnesses throughout the trial, including the man who shot and killed the 25-year-old jogger.

The state will have up to three hours to make their final case to the nearly all White jury, which is comprised of 11 White jurors and one person of color.  

Travis McMichael, who took the stand last week, his father Gregory McMichael and their neighbor William Bryan Jr., face charges including malice murder and felony murder in the death of Arbery, a Black man who was chased by the trio on Feb. 23, 2020, in the Satilla Shores neighborhood near Brunswick, Georgia.

Defense attorneys contend the McMichaels were trying to conduct a lawful citizen's arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about individuals entering a nearby home under construction. Bryan, after seeing the McMichaels chase Arbery, attempted to cut Arbery off, followed and recorded cell phone video of the pursuit and shooting, the defense said. The younger McMichael testified he shot Arbery in self-defense as they wrestled over McMichael's shotgun. All three defendants have pleaded not guilty.

Arbery's family has said he was out for a jog when he was killed, and authorities said he was unarmed. Prosecutors said the defendants tracked down and killed Arbery "based on assumptions."

The prosecution also showed the cell phone video of the shooting, shot by Bryan, several times during the presentation of their case. They showed more than one thousand frame-by-frame still images taken from the video.   

The jury was shown the shotgun that was used to kill Arbery and when the medical examiner testified autopsy photos where shown.    

During opening arguments, the state claimed the defendants acted on “assumptions.” 

9:03 a.m. ET, November 22, 2021

Investigators shared what defendants said in interviews after the shooting

From CNN's Christina Maxouris

Gregory McMichael, second left, during the trial at Glynn County Superior Court in Brunswick, Ga. on Friday.
Gregory McMichael, second left, during the trial at Glynn County Superior Court in Brunswick, Ga. on Friday. (Octavio Jones/Pool/AP)

Detective Parker Marcy of the Glynn County Police Department testified Gregory McMichael told him he never saw Ahmaud Arbery commit a crime.

The detective read a transcript of an interview he conducted with the elder McMichael after the shooting, in which he quoted him as saying he had seen videos of the home under construction and saw a person who appeared to be Arbery "breaking into, or being, or wandering around" the site, adding the house had no doors or windows for "well over a year."

"I don't think the guy has actually stolen anything out of there or if he did, it was early in this process," the detective quoted McMichael as saying. The detective testified Gregory McMichael told him he used his son's phone during the pursuit on the day of the shooting to call 911 and said if Arbery had stopped running they planned to hold him, but he didn't use the words "arrest," "citizen's arrest" or "detain," or say what Arbery would be arrested for.

Glynn County police officer Jeff Brandeberry, who also interviewed Gregory McMichael, said the latter never used the words "arrest," "detain" or "trespass" when they spoke at the scene of the shooting.

Roderic Nohilly, a police sergeant in Georgia's Glynn County, also testified Gregory McMichael did not know during police interviews whether Arbery had committed a crime prior to their pursuit of him.

8:44 a.m. ET, November 22, 2021

Closing arguments set to begin this morning in trial over Ahmaud Arbery's killing

From CNN's Christina Maxouris

Closing arguments are expected to begin Monday morning in the trial of three men accused of killing Ahmaud Arbery, after jurors heard from more than 20 witnesses, including the man who shot and killed the 25-year-old jogger.

Travis McMichael, who took the stand last week, his father Gregory McMichael and their neighbor William Bryan Jr., face charges including malice murder and felony murder in the death of Arbery, a Black man who was chased by the trio on Feb. 23, 2020, in the Satilla Shores neighborhood near Brunswick, Georgia.

Defense attorneys contend the McMichaels were trying to conduct a lawful citizen's arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about individuals entering a nearby home under construction.

Bryan, after seeing the McMichaels chase Arbery, attempted to cut Arbery off, followed and recorded cell phone video of the pursuit and shooting, the defense said. The younger McMichael testified he shot Arbery in self-defense as they wrestled over McMichael's shotgun. All three defendants have pleaded not guilty.

Arbery's family has said he was out for a jog when he was killed, and authorities said he was unarmed. Prosecutors said the defendants tracked down and killed Arbery "based on assumptions."