GLYNN COUNTY, Ga. — Neighbors and investigators were among those who took the stand Tuesday, as the federal hate crimes trial continues for the three Georgia men who killed Ahmaud Arbery. The prosecution is working to prove the men who committed murder did so because Arbery was Black. Jury selection wrapped up Monday and both the prosecution and defense gave opening statements.
Leigh McMichael, the wife of Greg McMichael and mother of Travis McMichael, was at the trial Tuesday. Arbery's father, Marcus Arbery, Sr., and others were seen praying outside the courthouse before walking inside for proceedings.
The prosecution spent much of the first day of witness testimony questioning neighbors close to the scene where Ahmaud Arbery died. The first witness to take the stand Tuesday said he was in his house with his wife and baby when he heard three gunshots on February 23, 2020. The neighbor said he was aware of all three defendants before that day, but he did not know them personally. The neighbor told the court it looked as though none of the defendants expressed concern for Arbery as he lay on the ground.
The second witness of the day also lived in the neighborhood where Arbery was shot. He told the court he thought Arbery appeared suspicious at first, which he said prompted him to call a non-emergency police number. However, the neighbor later testified that Arbery could have just been looking around a home under construction during a Sunday jog.
Glynn County Police Sgt. Sheila Ramos was the third witness to take the stand, mainly testifying to graphic crime scene photos. Ramos, a six-year veteran of the department, was sent to the Satilla Shores neighborhood to respond to the scene of Arbery’s death in 2020. She mentioned that Travis McMichael‘s truck and William "Roddie" Bryan's truck were not within the crime scene police tape perimeter.
Richard Dial, GBI Assistant Special Agent in Charge, then took the stand. Dial was the lead case agent in Arbery's death. The GBI was requested to investigate in May 2020, more than two months after Arbery's death. Dial said investigators were able to track Arbery's movements through the neighborhood using home surveillance footage and other data.
Dial said investigators were also able to access phone records of Bryan and Travis McMichael, but encryption prevented detectives from accessing information on Greg McMichael's phone. The prosecution also had Dial walk the jury through 911 calls and police body camera footage from the day Arbery died.
11Alive legal analyst Page Pate, who is not associated with this case, said it is common for federal prosecutors to begin questioning with experts and investigators to lay the groundwork for the case.
"Even though the focus here is going to be on racial bias, racial hatred, the government still has to prove that there’s an underlying murder that took place," Pate told 11Alive. "You lay the foundation. One of the critical elements is that they caused the death of Ahmaud Arbery. Then the question becomes why?”
Pate added that the defense was not very active in questioning Tuesday, because it is difficult for them to dispute the facts of the case, and the prosecution was countering anticipated arguments. He said it's a long shot, but the defense could try and find inconsistencies between testimony given at the federal trial versus the state trial.
"It can be dangerous to try and extensively cross-examine one of the lead agents in the government’s case because he’s going to argue with you," Pate said. "The jury is likely to find the agent more credible than the defense lawyers.”
Pate said reliving traumatic moments can take an emotional toll on the victims' families, witnesses who lived near the crime scene and even the defendants' families.
"But for that evidence we’re having to hear over and over again, there wouldn’t be any trial," Pate said. "These cases would have never been prosecuted. The former DA’s office would have swept them under the rug. So as difficult as this may be for the family, I think they understand this has to happen and it needs to be done."
"The defendants, their families are very despondent at this point, perhaps without hope. Unless something amazing happens on appeal for the defendants, they’re already going to die in a state prison. So you almost look at this as what more can they do to us?" Pate said.
Pate said the meat of the case will come as evidence surfaces of the defendants' alleged history of using racial slurs. He expects the federal hate crimes trial to go quicker than the criminal state trial from a few months ago.