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BRUNSWICK, Ga. — A judge announced on Monday that a former prosecutor in Georgia is acquitted on one of the two misconduct charges levelled against her, concluding that the prosecution had failed to establish any evidence that she interfered with the police investigation into the murder of Ahmaud Arbery in 2020.
The trial of former District Attorney Jackie Johnson is scheduled to continue on Tuesday, as she still faces a serious charge relating to a breach of her oath of office. Following the conclusion of the prosecution’s case on Monday, the judge took an unusual action by granting a directed verdict regarding the misdemeanor obstruction charge against Johnson. This decision indicated that the evidence presented was insufficient for any reasonable jury to reach a conviction on that particular charge.
Senior Judge John R. Turner, addressing the court, stated, “There is not one scintilla of evidence that I’ve heard that would authorize a verdict on that count.” The case focuses on the events surrounding the shooting of 25-year-old Ahmaud Arbery, who was fatally shot while running through a neighborhood in Georgia on February 23, 2020. The shooters, Greg and Travis McMichael, pursued Arbery with firearms in their pickup truck, eventually leading to a confrontation in which Travis McMichael shot Arbery with a shotgun. A neighbor, William “Roddie” Bryan, captured the incident on video, which later played a pivotal role in the case.
Initially, the McMichaels stated that they believed Arbery was committing a burglary and claimed self-defense. It took over two months for any arrests to occur, triggered by the revelation of the cellphone video, after which the Georgia Bureau of Investigation took charge of the case. Ultimately, all three men involved in the shooting were found guilty of murder and federal hate crimes.
During the ongoing trial, prosecutors attempted to demonstrate that Johnson acted covertly to shield the McMichaels, despite having recused herself due to Greg McMichael’s prior employment in her office. However, a significant challenge emerged when Glynn County Assistant Police Chief Stephanie Oliver testified that she and Johnson had never discussed Arbery’s case. This testimony brought doubt to the obstruction charge, particularly as it concerns Oliver’s role in the investigation. Notably, Johnson’s defense team did not call the second officer named in the indictment to testify before resting their case.
The legal representatives for Johnson also sought a directed verdict regarding the felony charge of violating her oath of office, which carries a prison sentence of one to five years. Judge Turner decided to let that charge continue, requesting both parties to submit written briefs that contain further legal arguments.
Johnson had recused her office from the case concerning Arbery’s shooting due to a conflict of interest, given that Greg McMichael had previously worked in her office. Prosecutors allege that Johnson misused her position by suggesting that the attorney general appoint a nearby district attorney, George Barnhill, to handle the case, without revealing Barnhill’s prior advice asserting the shooting was justified. Barnhill testified that his guidance was offered independently, without any influence from Johnson.
The judge has directed the jury to reconvene at the courthouse on Tuesday morning for further proceedings. Johnson lost her position as District Attorney following her election defeat in November 2020, a controversy that was significantly linked to the public’s response to Arbery’s death. She was indicted by a grand jury in September 2021.
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