Crime & Safety
Ahmaud Arbery Case: Officer Answering Trespassing Call Said He Did Not Deputize McMichaels
A police officer responded to the home Ahmaud Arbery entered said he did not deputize the McMichaels and would warn Arbery not to trespass.
GLYNN COUNTY, GA — Police speaking directly with two of the three white men on trial for the death of Ahmaud Arbery, 25, months before he was killed didn’t authorize the men to make arrests in the case.
From the stand Friday, Glynn County Police Officer Robert Rash testified he encountered both Gregory McMichael and his son, Travis McMichael, when he responded to a report a Black man was trespassing at an unfinished home on Satilla Road near Brunswick in October.
Knowing the older McMichael was a former police officer, Rash said he intended to rely on the ex-cop as “an expert witness” to call if he received any more reports of trespassing.
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“I've seen … things where you have 10 people witness a crime, and you get 10 different stories on what they, saw who the person was, what they were like what they were wearing,” Rash said from the stand. “Greg has training and experience; he would be in my opinion, would be an expert witness to be on the phone with 911.”
But on Day 6 of the trial, he stipulated he only intended for Gregory McMichael to be his eyes and ears in the event of a call.
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“Did you deputize Greg McMichael? Did you give him any authority as a police officer?” prosecutor Linda Dunikoski asked Rash.
“No, ma’am,” Rash replied.
See Also: Ahmaud Arbery Case: Homeowner Never Asked McMichaels To Act
The McMichaels are on trial for murder and other charges along with their neighbor, William “Roddie” Bryan Jr., in connection with the Feb. 23, 2020, shooting death of Arbery. That day, the fifth time in as many months that Arbery had been seen wandering inside the unfinished property, the McMichaels armed themselves and the trio chased him down in their trucks as he ran. Arbery was fatally shot as Bryan filmed the scene with his phone.
Larry English, who owned the home under construction at 220 Satilla Drive, had spoken with Rash and sent video footage of Arbery inside the structure.
He made clear that his intention was to warn Arbery against trespassing, a misdemeanor, if he ever found him or caught him in the act.
“Once we make contact with the person on the property, we explain to them the homeowner does not want them there, they have no legal reason to be there,” Rash said.
He added: "I explain to that person, if you ever come back onto this property for any reason, you will be arrested.”
On cross-examination, Robert Rubin, one of Travis McMichael’s attorneys, asked Rash about his response to a Feb. 11, 2020 trespassing report, two weeks before Arbery was killed. Travis McMichael came to the scene armed with a handgun and had told police “he saw the man go for something in his pocket” just before Rash went into the home to investigate.
No one was found in the structure that night, but the possibility the unknown trespasser may have been dangerous had been raised.
“This was a different situation,” Rubin said in court."You're going into a house with a man who might have a gun.”
Rubin also suggested that although Arbery hadn’t actually been seen taking anything, as Rash confirmed from viewing the security video English supplied, perhaps he was looking for something to take when he entered the house.
“If he’s not taking something but goes in with the intent to take something you understand that’s burglary, right?” Rubin asked.
Rash confirmed Rubin’s interpretation of the law, but stopped short of assigning blame.
“How do I know he had the intent?” he asked Rubin.
— The Associated Press contributed to this report.
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