Wednesday, November 10, 2021

5:45 PM: Ahmaud Arbery’s mother was eager to speak outside the courthouse after the day’s testimony. “I finally put a face to the name of Investigator Lowrey, who called me that afternoon and told me that Ahmaud committed a burglary, was confronted by homeowner, & was killed,” she says. Wanda Cooper-Jones noted that in some three hours on the stand, Stephan Lowrey never mentioned any of that or said anything about her son committing a burglary.

“Every word that describes me now is just ‘disturbing.’ Ahmaud ran, Ahmaud was chased, Ahmaud was killed, and then Ahmaud was lied on. Very non-acceptable,” she said. As she walks away, demonstrators chant, “Justice for Ahmaud!”

5:00 PM: Jurors hear the 911 call Greg McMichael made, several minutes into the Arbery chase. It was moments before the fatal shots his son Travis fired at close range into Arbery’s wrist and chest.

4:15 PM: Kellie Parr takes the stand. She grew up at 232 Satilla Drive. Talking to her dad on the phone the day of Arbery’s shooting, “He was telling me what he was seeing out the window and said, Oh my God! There’s a hole in the window! I’ll call you back.” State shows photos of the bullet holes in window and wall.

State: When you and your son are there, are you ever in this front room? Yes, we sometimes go in front room to sing and play guitar. Ever see a young man at that construction site nearby? Yes, maybe Dec. or Jan. I believe it was a Sunday, still light out.

She offers to tell the State her inner dialogue at the time: “I thought, what is he doing in there? Then, Well Kellie, don’t be racist. He’s probably working on the house. But he’s not wearing a tool belt. But he didn’t hide or anything. He just looked at me.”

1:15 PM: Back from lunch, former Glynn County Police officer Stephan Lowrey is back on the stand.

Stephan Lowrey testifies on Roddie Bryan’s interview. Jurors see the printed sections of the transcript, detailing how many times Bryan, in his own pickup truck, “angled at” #AhmaudArbery. Bryan said he wished he’d hit him because maybe then he wouldn’t have been shot.

Defense objects to the repeated use of the word “victim” to refer to the slain man, Ahmaud Arbery.


Roddie Bryan: He’s running from me, and I’m coming at him. Prosecutor Larissa Olivierre asks Lowrey, Did something happen on Holmes Rd. after this? Stephan Lowrey replies, “Yes, the shooting and the murder itself took place right after.”

Lowrey asked Roddie Bryan if he’d ever seen Arbery before; he said No. Lowrey: Do you know of him being involved in any past instances? Bryan: That I know of? No.

Lowrey points out a dent on Roddie Bryan’s truck. He says there were also fingerprints, and some fibers on the black strip above. Bryan, far left, peers up at the screen.

11:00 AM: Jurors hear from a McMichaels neighbor--the one defense attorneys said in their opening statements was motioning at their truck as they pulled out as if to direct them toward the running Arbery.

Matthew Albenze has lived in Satilla Shores a little over 30 years. He’s a neighbor of Greg McMichael; they haven’t socialized at each other’s homes. Same with Travis. Friendly conversation in driveways about trucks, boats, fishing. He didn’t know Ahmaud Arbery, and hadn’t ever seen him before 2.23.2020. The home under construction is at end of his block. That day, he was splitting wood when he looked up and saw Arbery standing at that house. No bag or backpack, “Just standing there looking around.” He recalled English’s video of someone who looked like that on his dock. Albenze grabbed his phone and his gun.

Albenze saw someone moving around in the English house, so he called the main -7800 number to police. Why didn’t he dial 911?, State asks.

“I did not see an emergency,” Albenze says.

Albenze stood behind an oak; he couldn’t see what Arbery was doing in there and says he doesn’t know why Arbery ran out. He walked back to his house then. He made some “There he goes” motion, but wasn’t trying to communicate w/anyone in particular, he testified.

Albenze says at no time did he contact Greg or Travis McMichael or communicate with them in any way. “After a few minutes, I heard gunshots--three.” He got his bicycle, road around the corner. “I saw a police car, I saw Mr. Arbery lying on the street, I saw Greg and Travis there.” He got on his bike and rode back home.

Albenze said, “It was a shocking scene.”

He doesn’t remember the conversation with police investigators who came to see him hours later, he testified. He had had several cocktails by that time.

Travis McMichael defense attorney Bob Rubin cross-examines him. Albenze says yes, he’d rather be somewhere else. Rubin asks, This has been difficult for you? Caused you problems because you called police? Concerns at work, concerns about the neighborhood, personal attacks/phone calls?

Rubin: That’s put you in a difficult spot? Albenze: Not really difficult, but a spot I’m not used to.

Rubin reminded Albenze that he said to a neighbor and to the GBI that he thought Arbery might have seen him looking at Arbery in the English house, noting that in his testimony today, he said he’s not sure if Arbery saw him.

“You felt like you put into motion these events that turned tragic,” said Rubin.

“I thought maybe if he hadn’t seen me, maybe he wouldn’t’ve run away. I don’t know,” Albenze replied.

“Right. And that, of course…it still weighs heavy on your heart?”

“Yes.”

9:50 AM: Nohilly’s bodycam was rolling when he walked into a room where Greg McMichael was at GCPD. He asked the homeowner’s name; Greg McMichael didn’t know. He said he had no idea who “this guy was,” either. Nohilly: Did this guy break into a house today? McMichael That’s just it, I don’t know. I told her out there, you might want to knock on doors, because this guy had just done something he was fleeing from.

Nohilly asked McMichael to speculate on what was in the mind of Ahmaud Arbery.

“He was trapped like a rat,” said McMichael. “I think he was wanting to flee and realized he was not going to get away.” Nohilly said, “But he could’ve run around your son, right?” McMichael: “Sure, sure. He was much faster than Travis would ever be. We had chased him around the neighborhood a bit, and he wasn’t winded at all. This guy was in good shape.”

On cross, defense attorney Frank Hogue wants to flesh out context of Greg McMichael’s comment that he “had no idea who this guy was.” Hr couldn’t tell you Ahmaud Arbery’s name, right? he asked. Nohilly: Correct.

Hogue reads from transcript: Greg McMichael said “When he came past my house he met the description of the guy Travis saw go into that empty house. To a tee. Plus met the description of video I’d seen of guy in there.” The elder McMichael also repeated the words he’d said to others that day, that “This guy wasn’t out for no Sunday jog.” Hogue: You understand Greg McMichael was explaining why he suspected Ahmaud Arbery? Nohilly: Yes.

Greg McMichael said, “There was no hesitation on his part when he came to Travis. I think his intention was to grab that gun and shoot Travis. If he’d have gotten it and there was any separation between Travis and him I was going to cap his ass.” Hogue: You understand the context he’s conveying--he thought he was about to witness his son’s death at the hands of #AhmaudArbery... A series of State objections as Hogue restarts: Objection, testifying; speculation; characterization. Judge sustains: The statement speaks for itself.

Hogue asks Nohilly if he’s heard of “auditory exclusion,” a phenomenon where...State objects--counsel is testifying. Hogue: Maybe he knows it by some other name. You can describe what you saw but not what you heard.

Hogue: You ask Greg McMichael if he #AhmaudArbery was hit all three times--shots from Travis’s shotgun. GM: There was only two shots. Nohilly: There were three shots. On video, sounds like 3. GM: There were 3? I don’t think so but it was a furball, it was a hairball.

Hogue: When you arrest people, u give verbal commands like Stop, raise your hands? Nohilly: Yes. H: if people won’t comply you’ll draw your weapon, won’t you? RN: Only in certain circumstances. FH: Like when they won’t listen to verbal commands, not stopping? Nohilly: No, I don’t just pull my gun. Hogue: You take other steps? ...& if you think the person is going to attack you or flee you will use your weapon? Nohilly: Not always, no. Hogue: If they’re attacking you? RN: Depends on how he or she is attacking. It depends on the circumstance.

Hogue: If someone seems to be trying to take your gun from you, putting his hands on it you might use your gun? Nohilly: At that point it might meet the threshold, yes.

9:20 AM: