The trial of three white men accused of hunting down and murdering Ahmaud Arbery after seeing him running from a house under construction in their South Georgia community began on Wednesday with the defense presenting a motion of acquittal on the malice murder charge. The charge, which Travis McMichael; his father, Gregory McMichael; and their neighbor, William “Roddie” Bryan—who recorded moments leading up to Arbery’s death—were indicted on requires proof of intent to kill. As part of an effort seeking a directed verdict and acquittal, the defense argued outside of the jury’s presence that no expressed malice has been proven in the shooting of Arbery.

The argument follows the prosecution resting its case on Tuesday, the eighth day of testimony, making way for the defense to begin presenting its case. All three defendants have pleaded not guilty to malice murder and felony murder charges as well as counts of aggravated assault, attempt to commit a felony, and false imprisonment. Updates will be added as the trial continues. Jump below the fold for more information on the trial to date.

Bryan has had a media spotlight on him at several moments in the case, namely because of his attorney Kevin Gough’s advocacy work to get Black pastors banned from observing the trial in court. In a recent motion Gough urged the court to consider on Tuesday, he said he was seeking to “prohibit activity that may intimidate jurors.” Gough defended another motion to reconsider the defense’s request for a speedy trial. In doing so, Bryan said—and CNN reported—on Tuesday that he was being held in a protective jail unit with restricted access to showers and outdoor recreation and that he was living in fear because of the coronavirus pandemic. The jury wasn’t present for Bryan’s claims, and they apparently did little to sway Judge Timothy Walmsley, who denied the motion. 

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Defense attorney Frank Hogue, who is representing Gregory McMichael, also tried to poke holes in other charges, saying they too should be tossed out. In one example, the attorney argued Arbery had a chance to flee via a route not blocked by the defendants’ trucks.

Prosecutor Linda Dunikoski said in response that the defense will argue that various elements of the case are Arbery’s fault. “But that’s not what the law is,” she said. She pointed to footage of Gregory McMichael saying he was going to shoot Arbery’s “f—ing head off.”

Dunikoski said that, concerning felony murder specifically, all four of the underlying felonies played a substantial part in causing the death. In countering the defense’s arguments, she articulated plans to address each count in the order the defense presented, starting with criminal attempt to commit false imprisonment. Dunikoski said Bryan and both McMichaels used pickup trucks to confine and detain Arbery and they did it “in concert with each other.”

Watch the trial live below:

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“Greg McMichael said ‘he was trapped like a rat and he knew it,’” Dunikoski said. She was making the case that the quote is admission to trying to trap Arbery.

The prosecutor said all Arbery did was try to get away. “Here we’ve got the ultimate confinement,” Dunikoski said. “Judge, the ultimate confinement is death.”

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Gough argued his client didn’t shoot anyone or attempt to shoot anyone, and has been lumped into indictments that don’t pertain to him. Gough said the state contends that the McMichaels, with Bryan aiding, were attempting to make a citizen’s arrest—which is not authorized under Georgia law—but it doesn’t establish malice or an attempt to aid and abet a shooting.

Gough asked the court to consider the unintended consequences. He asked if we are going to try to arrest every police officer present at the scene of a malice murder. “That can’t be the law, your honor,” Gough said. “Just like on the street with the police officers, suicide by cop is not reasonably foreseeable, nor is suicide by citizen’s arrest.”

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Walmsley denied the defense’s requests for directed verdict and acquittal. It’s unclear at this point if defendants in the case will testify, and attorneys for Travis and Gregory McMichael asked the court not to ask their clients if they will testify.

The judge instead swore Travis in to make sure he understood his right to testify. Walmsley asked Travis his highest level of education, and he said twelfth grade. Then the judge informed Travis that he has the right to testify and if he did, he would be treated like any other witness. Walmsley did the same with Gregory, who said he had some college education, and Bryan, who said his highest level of education was twelfth grade. Walmsley informed the defendants that if they decide not to testify, the court will instruct the jury not to hold the decision against the defendants.

Gough followed up with a familiar refrain, listing the people who he would like banned from the trial, including Rev. Jesse Jackson. Gough said he is again moving for a mistrial.

The judge denied the attorney’s request for a mistrial. So the jury was called in, and Gough was given the go-ahead to begin his opening statement.

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He started by showing footage of Bryan repairing his front porch, and the attorney said his client saw Arbery out of the corner of his eye with a truck following him. Gough said Arbery had the opportunity to yell for help as he was approaching Bryan, but that Arbery assumed the worst about Bryan.

The attorney pointed out that Bryan left his hammer on the front porch and grabbed his keys. Gough said Bryan had a rifle in the house on the day of the shooting but he didn’t get his rifle. He walked to his car with a cell phone and his keys, Gough said. Showing the jury moments from home surveillance video, Gough pointed out that Bryan’s truck is actually angled away from Arbery initially. Gough asked the jury to “honestly seek the truth.”

Gough asked, in bringing up an accusation that Bryan tried to run over Arbery, where the evidence was that Bryan drove aggressively. Gough asked where the evidence was to suggest Bryan did anything more than “creep” out of his driveway as he said. Bryan said he thinks Travis McMichael will testify in the trial and he asked the jury to focus on what Travis will testify about Bryan—that Travis didn’t know Bryan and didn’t work with him to shoot Arbery. 

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Gough then asked the jury to pay attention to specific elements of video like Arbery’s demeanor and Bryan trying to record Arbery. Gough said the evidence will show Bryan never intended to harm Arbery. The attorney also said his client struggles with his words and that the jury’s job is not to play gotcha games. Gough said the jury may need to look beyond Bryan’s words. “Maybe he should’ve stayed on his front porch,” Gough said. He pointed out that Bryan’s admission that his life would be better if he just stayed on his front porch is not an admission of guilt.

Gough added that it is Bryan who brought police officers to his house without an attorney and provided them video from his home surveillance system and video he shot the day of Arbery’s death. “There’s no evidence that Mr. Bryan had a lawyer,” Gough said, adding that it’s Bryan making the decisions for the truth to be known.

The attorney said his client had a “gut reaction” to try to do “the right thing.” Another example of that is Bryan inviting police in his truck, Gough said. “He put his trust in law enforcement officers that he did not even know,” Gough said.

After Gough’s remarks, the judge released the jury for a lunch break.

The defense brought up juror No. 12 appearing to nod off during moments of the trial, and the judge said he would remind the jury to be sure to pay attention after the break.

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