Race and the murder of Ahmaud Arbery

Obviously, none of this explains or excuses the chase, the attempted capture, or the use of excessive lethal force to kill Arbery. Even though Georgia authorizes citizens to make arrests (i.e., to detain suspected criminals until the police arrive), the citizen must have adequate legal cause to execute an arrest. Mere suspicion is insufficient, even if it is a good-faith suspicion. (It wouldn’t be sufficient for a police officer, either.)

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At a minimum, it appears that Travis McMichael, who shot Arbery multiple times, should be convicted of murder, in addition to the other charges. Furthermore, the evidence would support holding both Greg McMichael and Roddie Bryan accountable for the murder since they were willing participants in the chase, even if they did not pull the trigger. Consequently, if the state convicted all defendants on all charges, that would be a just result — it is the verdict I would vote for. Yet I cannot say it would be irrational for the jury to acquit Bryan and the elder McMichael of murder, while convicting them of the assault and false-imprisonment charges. That, too, would be a just verdict.

Still, it is important to be clear: The defendants were indicted because their suspicions fell short of legal justification to assault, detain, and use lethal force. They are not charged with doing these things solely because of Ahmaud Arbery’s race.

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