Georgia Judge Rules Arbery’s Past Inadmissible at Trial

Defense attorneys for the three men charged with murder in the fatal shooting of Arbery argued that his criminal history established intent.

Superior Court Judge Timothy Walmsley has ruled that defense attorneys representing the three men charged with killing Ahmaud Arbery cannot present evidence at trial of Arbery’s past run-ins with the law, pointing out that doing so essentially would put the slain Arbery on trial, reports the Atlanta Journal-Constitution. Travis McMichael, his father Greg McMichael, and a neighbor, Roddie Bryan, are charged with murder in the fatal shooting of Arbery, who was unarmed. The three defendants, who are white, are scheduled to stand trial in Brunswick in October.

The 25-year-old Arbery, who was Black, had a history of thefts, obstruction, illegal gun possession and entering into homes and businesses, said Jason Sheffield, one of Travis McMichael’s lawyers. “Why the judge would now decide that all of his prior motives, his intent, his plan to do these things is not relevant in this case is baffling.” In his ruling, Walmsley noted that the McMichaels knew nothing of Arbery’s past when they chased him down that day. “It is apparent that defendants’ intended use of the victim’s other acts is to engage in speculation as to why Arbery acted as he did,” the judge wrote.