May 11, 2020
Director D. Victor Reynolds
Georgia Bureau of Investigation
Sent via email to Deputy Director Scott Dutton: [email protected]
Re: Request for investigation of the prosecutorial response to the investigation of the
death of Ahmaud Arbery
Dear Director Reynolds:
I am writing to request that the GBI open an investigation into a case involving possible
prosecutorial misconduct by the offices of the District Attorneys of the Brunswick and Waycross
Judicial Circuits. The Attorney General is concerned that the actions of these offices in possibly
misrepresenting or failing to disclose information during the process of appointing a conflict
prosecutor to investigate the death of Ahmaud Arbery may have constituted unprofessional
conduct under O.C.G.A. § 45-11-4 or other crimes.
It is the responsibility of the Attorney General under O.C.G.A. § 15-18-5 to appoint a prosecutor
when a district attorney’s office is disqualified from a prosecution. The law provides that the
Attorney General can only perform that function when notified of a conflict by either a district
attorney or the presiding judge. For these appointments to be made appropriately, however, it is
crucial that the Attorney General be provided with correct and sufficient information.
In this case, Mr. Arbery was shot and killed in Glynn County, in the Brunswick Judicial Circuit,
on February 23, 2020. Four days later, on February 27, 2020, the Attorney General’s Office
received a letter from Jackie Johnson, the District Attorney of the Brunswick Judicial Circuit,
advising that she had a conflict and that she was requesting the appointment of another
prosecutor. Ms. Johnson wrote that the reason for the conflict was because the investigation into
Mr. Arbery’s death involved Greg McMichael, a former investigator with her office. Shortly
after receipt of Ms. Johnson’s letter, this office was made aware that Ms. Johnson had contacted
George Barnhill, District Attorney of the Waycross Judicial Circuit, and that he had agreed to
accept the case. This office confirmed with Mr. Barnhill and, pursuant to O.C.G.A. § 15-18-5,
this office appointed Mr. Barnhill to prosecute the case on the same date Ms. Johnson’s letter
was received.
Direct Dial: (404) 651-6195
Fax: (404) 651-7676
Email:bmcgowan@law.ga.gov
Director D. Victor Reynolds
May 11, 2020
Page 2 of 2
Not long after Mr. Barnhill’s appointment, he and Ms. Johnson learned that Mr. Barnhill’s son,
an assistant district attorney in Ms. Johnson’s office, had worked with Mr. McMichael on a
prosecution involving Mr. Arbery. Mr. Barnhill, however, held onto the case for several more
weeks after making this discovery. On April 7, 2020, the Attorney General received
correspondence from Mr. Barnhill advising of a conflict and requesting the appointment of
another prosecutor. Mr. Barnhill cited his son’s involvement with Mr. McMichael and Mr.
Arbery as a reason for his request.
Mr. Barnhill’s letter failed to disclose his involvement in this case prior to his appointment. In
her conflict letter of February 27, 2020, Ms. Johnson had advised that the Glynn County Police
Department was “currently investigating” the shooting death of Mr. Arbery, and that she was
requesting new counsel to advise the police. Unknown and undisclosed to the Attorney General,
however, Mr. Barnhill had already provided an opinion to the Glynn County Police Department
on February 24, 2020, that he did not see grounds for the arrest of any of the individuals involved
in Mr. Arbery’s death. He additionally stated his opinion to the Glynn County Police
Department in writing that there was insufficient probable cause to make any arrests in the case
and that he would be asking the Attorney General to appoint another prosecutor.
After receipt of Mr. Barnhill’s conflict letter, the Attorney General then appointed District
Attorney Tom Durden of the Atlantic Judicial Circuit to this case on April 13, 2020. On May 5,
2020, Mr. Durden requested that your agency conduct an investigation into Mr. Arbery’s death.
Two days later your agency arrested Mr. McMichael and his son for aggravated assault and
felony murder for Mr. Arbery’s death.
We will be glad to provide any information or assistance that you may need in furtherance of this
investigation. As always, thank you for your time and consideration.
Sincerely,
Blair L. McGowan
Deputy Attorney General
Enclosures
CONS
ORG
OFFICE
OF
THE
DISTRICT
ATTORNEY
WAYCROSS
JUDICIAL
CIRCUIT
George
E
.
Barnhill
District
Attorney
306
Albany
Avenue
Waycross
,
Georgia
31501
(
912
)
287
-
4395
FAX
(
912
)
287
-
4399
Captain
Tom
Jump
Glynn
County
Police
Department
Investigation
Division
157
Public
Safety
Blvd
.
Brunswick
,
GA
31525
Email
:
tjump
@
glynncounty
-
ga
.
gov
Ref
:
Glynn
County
,
The
Shooting
death
of
Ahmaud
Arbery
,
Feb
23rd
,
2020
Dear
Captain
Jump
:
My
office
received
the
Arbery
autopsy
report
[
dated
4
/ /
2020
yesterday
and
have
reviewed
it
yesterday
and
this
morning
.
We
were
waiting
on
this
important
evidentiary
article
before
finalizing
our
opinions
.
However
,
since
we
were
initially
requested
to
handle
the
case
the
victim
s
mother
has
clearly
expressed
she
wants
myself
and
my
office
off
the
case
.
She
sees
a
conflict
in
that
my
son
works
in
the
Brunswick
District
Attorney
'
s
Office
where
Greg
McMichael
retired
some
time
ago
.
She
believes
there
are
kinships
between
the
parties
[
there
are
not
and
has
made
other
unfounded
allegations
of
bias
[
es
].
As
such
, I
believe
it
is
better
for
my
office
to
step
out
and
am
going
to
recuse
myself
and
the
Assistants
working
for
me
from
handling
the
case
. I
am
contacting
the
Georgia
Attorney
General
Office
and
seeking
their
assistance
in
finding
another
District
Attorney
in
the
State
to
handle
the
further
evaluation
for
prosecution
this
case
.
That
is
,
to
determine
whether
there
is
sufficient
evidence
on
which
to
make
a
Grand
Jury
presentation
or
not
Given
the
Governor
'
s
current
shelter
in
place
order
and
Justice
Melton
s
Judicial
Emergency
Order
; I
can
not
venture
a
guess
as
to
when
they
will
move
on
this
request
,
and
once
another
is
found
;
when
that
District
Attorney
will
have
the
staff
available
to
review
this
casefile
. I
hope
for
all
involved
it
will
move
along
as
quickly
as
possible
.
3
After
talking
by
telephone
with
you
yesterday
, I
appreciate
there
is
immediate
pressure
on
your
department
as
to
the
issue
of
Arrest
” .
Since
I
have
already
given
you
an
initial
opinion
the
day
after
the
shooting
, I
feel
I
can
still
comment
on
this
limited
issue
.
First
I
am
the
current
elected
District
Attorney
for
the
Waycross
Circuit
, I
have
worked
as
a
criminal
prosecutor
for
some
36
years
.
As
an
Assistant
District
Attorney
in
Waycross
and
Brunswick
,
as
Chief
Assistant
in
Waycross
for
20
years
and
served
as
the
District
Attorney
the
last
5
years
; I
have
been
actively
involved
in
over
100
murder
cases
and
assisted
other
prosecutors
with
at
least
100
more
. I
have
no
idea
how
many
Aggravated
Assault
cases
involving
gunshots
and
wounds
of
all
types
;
Plus
I
have
attended
countless
schools
,
classes
and
seminars
on
criminal
prosecution
and
criminal
acts
and
evidence
.
Myself
and
one
of
my
Senior
Trial
Attorneys
have
reviewed
the
evidence
extensively
and
concur
on
all
points
.
Second
As
to
the
case
at
hand
:
It
is
my
professional
belief
the
autopsy
confirms
what
we
had
already
viewed
as
shown
in
the
video
tape
,
with
the
photographs
&
from
the
witness
statements
taken
immediately
at
the
scene
.
The
autopsy
supports
the
initial
opinion
we
gave
you
on
February
24th
,
2020
at
the
briefing
room
in
the
Glynn
County
Police
Department
after
reviewing
the
evidence
you
had
at
that
time
.
We
do
not
see
grounds
for
an
arrest
of
any
of
the
three
parties
.
Third
It
appears
Travis
McMichael
,
Greg
McMichael
,
and
Bryan
William
were
following
,
in
pursuit
burglary
suspect
,
with
solid
first
hand
probable
cause
,
in
their
neighborhood
,
and
asking
/
telling
him
to
stop
.
It
appears
their
intent
was
to
stop
and
hold
this
criminal
suspect
until
law
enforcement
arrived
.
Under
Georgia
Law
this
is
perfectly
legal
,
OCGA
17
-
4
-
60
A
private
person
may
arrest
an
offender
if
the
offense
is
committed
in
his
presence
or
within
his
immediate
knowledge
.
If
the
offense
is
a
felony
and
the
offender
is
escaping
or
attempting
to
escape
,
a
private
person
may
arrest
him
upon
reasonable
and
probable
grounds
of
suspicion
.”
Fourth
It
clearly
appears
Travis
McMichael
and
Greg
McMichael
had
firearms
being
carried
in
an
open
fashion
.
The
investigation
shows
neither
of
them
to
be
convicted
felons
or
under
felony
supervision
,
they
were
in
a
motor
vehicle
owned
by
Travis
McMichael
.
Under
Georgia
Law
this
is
legal
open
carry
.
OCGA
16
-
11
-
126
)
Any
person
who
is
not
prohibited
by
law
from
possessing
a
handgun
or
long
gun
may
have
or
carry
on
his
or
her
person
a
weapon
or
long
gun
on
his
or
her
property
or
inside
his
or
her
home
,
motor
vehicle
,
or
place
of
business
without
a
valid
weapons
carry
license
.
(
b
)
Any
person
who
is
not
prohibited
by
law
from
possessing
a
handgun
or
long
gun
may
have
or
carry
on
his
or
her
person
a
long
gun
without
a
valid
weapons
carry
license
,
provided
that
if
the
long
gun
is
loaded
,
it
shall
only
be
carried
in
an
open
and
fully
exposed
manner
.”
2
of
3
Fifth
The
video
made
by
William
Bryan
clearly
shows
the
shooting
in
real
time
.
From
said
video
it
appears
Ahmaud
Arbery
was
running
along
the
right
side
of
the
McMichael
truck
then
abruptly
turns
90
degrees
to
the
left
and
attacks
Travis
McMichael
who
was
standing
at
the
front
left
corner
of
the
truck
.
A
brief
skirmish
ensues
in
which
it
appear
Arbery
strikes
McMichael
and
appears
to
grab
the
shotgun
and
pull
it
from
McMichael
The
shot
is
through
Arbery
s
right
hand
palm
which
is
consistent
with
him
grabbing
and
pulling
the
shotgun
at
the
barrel
tip
,
the
2nd
and
3rd
wounds
are
consistent
with
the
struggle
for
the
shotgun
as
depicted
in
the
video
,
the
angle
of
the
2nd
shot
with
the
rear
of
the
buttstock
being
pushed
away
and
down
from
the
fight
are
also
consistent
with
the
upward
angle
of
blood
plume
shown
in
the
video
and
that
McMichael
was
attempting
to
push
the
gun
away
from
Arbery
while
Arbery
was
pulling
it
toward
himself
.
The
3rd
shot
too
appears
to
be
in
a
struggle
over
the
gun
.
The
angle
of
the
shots
and
the
video
show
this
was
from
the
beginning
or
almost
immediately
became
--
a
fight
over
the
shotgun
.
Given
the
fact
Arbery
initiated
the
fight
,
at
the
point
Arbery
grabbed
the
shotgun
,
under
Georgia
Law
,
McMichael
was
allowed
to
use
deadly
force
to
protect
himself
.
Just
as
importantly
,
while
we
know
McMichael
had
his
finger
on
the
trigger
,
we
do
not
know
who
caused
the
firings
.
Arbery
would
only
had
to
pull
the
shotgun
approximately
1/
16th
to
1
/
8th
of
one
inch
to
fire
weapon
himself
and
in
the
height
of
an
altercation
this
is
entirely
possible
.
Arbery
s
mental
health
records
&
prior
convictions
help
explain
his
apparent
aggressive
nature
and
his
possible
thought
pattern
to
attack
an
armed
man
.
OCGA
16
-
3
-
21
Use
of
Force
in
Defense
,
once
confronted
with
a
deadly
force
situation
an
individual
is
allowed
to
use
deadly
force
to
defend
themselves
or
others
OCGA
16
-
3
-
23
. 1
Georgia
'
s
No
Duty
to
Retreat
Law
,
an
individual
is
not
required
to
back
away
from
or
submit
to
an
attack
;
OCGA
16
-
3
-
24
[
b
]
The
use
of
force
which
is
intended
or
likely
to
cause
death
or
great
bodily
harm
to
prevent
trespass
on
or
other
tortious
or
criminal
interference
with
real
property
other
than
a
habitation
or
personal
property
is
not
justified
unless
the
person
using
such
force
reasonably
believes
that
it
is
necessary
to
prevent
the
commission
of
a
forcible
felony
.
OCGA
16
-
3
-
24
.
2
A
person
properly
and
legally
defending
themselves
is
immune
from
prosecution
For
the
above
and
foregoing
reasons
,
it
is
our
conclusion
there
is
insufficient
probable
cause
to
issue
arrest
warrants
at
this
time
.
As
to
any
further
issues
on
whether
to
present
this
to
a
Glynn
County
Grand
jury
,
that
will
have
to
wait
for
the
next
District
Attorney
s
review
.
Please
consider
this
an
OPEN
file
until
that
decision
is
made
and
restrict
the
release
of
any
information
under
Georgia
Open
Records
Act
requests
.
Sincerely
George
E
.
Barnhill
District
Attorney
Waycross
Judicial
Circuit
3
of
3
1
From: George E Barnhill <[email protected]g>
Sent:
Tuesday, April 07, 2020 8:42 PM
To:
Blair McGowan; Karen Crittendon
Cc:
Tom Jump; Alexander Markowich; Michelle McIntire; Jackie Johnson
Subject:
Glynn County Shooting, Greg and Travis McMichael
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Ref: Feb 23rd 2020 Shooting in Glynn County
Involving: Greg McMichael, Travis McMichael, and Ahmuad Arbery
Requesting Appointment of a 2nd Conflict District Attorney
Dear Ms Crittendon and McGowan:
Thank you again for emailing back. This is a case without any law enforcement warrants. I agreed to take the
file from Jackie Johnson, the District Attorney in Glynn County, for review to see if it justified and arrest
and/or presentation to a Glynn County Grand Jury.
Greg McMichael, a party/ witness in the matter, retired from law enforcement then worked at her office as
an investigator for several years up until re-retiring about 10 months ago. His son, whom I have never met
and do not know, is the shooter in this case. Ahmaud Arbery was shot and died in this confrontation.
Upon taking the case, my office began gathering the array of materials one normally gathers. My Chief Victim
Assistant, Tammy Horlock, talked several times with Mr Arbery's family; I spoke to the mother once; Senior
ADA Michelle McIntire was monitoring the collection of information through Capt. Tom Jump GPD. We had
told the family it would take a month to 6 weeks to get the autopsy report. They apparently did not believe
us. Note: Ms McIntire in my office received the autopsy April 2nd. I know they called the Attorney General
Office sometime during this time .
My son works as an Assistant District Attorney for Jackie Johnson. Unknown to Jackie and me until about 3-4
weeks ago, he had handled a previous felony probation revocation and pleading Ahmaud Arbery to a felony in
her Glynn County Office.
A local 'rabble rouser' has taken up this cause and begun publishing wild and factually incorrect and legally
wrong accusations on Facebook and other social media formats calling for marches and physical affronts be
made against the McMichaels at their homes, and my son's home in Brunswick etc.. . To date I have seen no
direct connection between the 'rouser' and the family other than their increased calls for my office to be
removed, that I must be biased.
This family are not strangers to the local criminal justice system. From best we can tell, Ahmauds older
brother has gone to prison in the past and is currently in the Glynn jail, without bond, awaiting new felony
prosecution. It also appears a cousin has been prosecuted by DA Johnson's office. Ahmaud, the deceased,
had a juvenile and adult felony record.
2
In that regard, given the connection between myself and my son, and my son having worked with Greg
McMichael for several years, and now known that he and Greg McMichael both helped with the previous
prosecution of Arbery; I believe it is in the best interest of justice to recuse both myself and my office from
this particular investigation.
In doing so I request another District Attorney be appointed to review the file and give advice to the Glynn
County Police Department and determine whether there is anything justifying a presentation to a Glynn
County Grand Jury.
I believe we have the majority of the information at our office. There is a decent cell phone video of the entire
shooting incident, also video of Arbery burglarizing a home immediately preceding the chase and
confrontation. We have a witness list and have done research we would include with the file to be available
for the new prosecutor's use if desired.
Thank you for your help in this matter
George E Barnhill
District Attorney
Waycross Judicial Circuit
306 Albany Avenue
Waycross GA 31501
office ph 912 287-4395
office FAX 912 287 4399
my email gebarnhill@gapac.org
if I am not available ask for Michelle
