BRUNSWICK, Ga. — The trial of a former Georgia district attorney accused of undermining law enforcement in the aftermath of Ahmaud Arbery’s murder faced a significant challenge on Thursday. A police supervisor testified that Jackie Johnson, the former district attorney, did not obstruct her during the investigation.
Johnson served as the chief prosecutor for Glynn County when Arbery was pursued and shot by a group of white men in a neighborhood in February 2020. Facing accusations of violating her professional oath and impeding police action following the incident, Johnson is currently on trial.
During the proceedings, Glynn County’s assistant police chief, Stephanie Oliver, who is one of the officers mentioned in the indictment, stated under cross-examination that Johnson or her staff never hindered her efforts as she oversaw the investigation into Arbery’s death. The indictment alleges that Johnson directed police not to arrest Travis McMichael, the individual captured on video shooting Arbery.
When questioned by the defense attorney about how Johnson allegedly obstructed police, Oliver responded, “I never had any interaction with Ms. Johnson during this case.” The other officer implicated in Johnson’s charges, Stephan Lowrey, was not called to testify before the court’s break on Thursday.
Travis McMichael, along with his father Greg McMichael, pursued the 25-year-old Arbery as he jogged past their home on February 23, 2020. They armed themselves and were later joined by a neighbor, William “Roddie” Bryan, who filmed the shooting. Greg McMichael had previously worked as an investigator in Johnson’s office and contacted her an hour post-shooting for assistance.
Despite the McMichaels claiming self-defense and suspecting Arbery of theft, no arrests occurred for two months. It was only after the release of the shooting video that the Georgia Bureau of Investigation intervened, leading to the arrests and subsequent convictions of all three men for murder and federal hate crimes.
In 2021, the case against Johnson was initiated by the Georgia Attorney General’s office, asserting that she misused her power to stall arrests and maneuver the selection of an external prosecutor who would later view the shooting as justified. Johnson has refuted these claims, stating that she quickly recused her office from the case and sought help from a neighboring district attorney, George Barnhill, who was the first of three outside prosecutors to be assigned to the investigation.
On Thursday, prosecutor John Fowler asked Oliver about Barnhill’s involvement. She revealed that investigators had shown him the cellphone footage of the incident, which led him to conclude that the shooting appeared to be lawful after a two-hour review. When asked about how this influenced their decisions, Oliver indicated that a prosecutorial declaration saying no laws were broken would complicate police actions, although she noted that Barnhill concurred that additional investigation was necessary.
Fowler refrained from inquiring whether Oliver had consulted Johnson or received instructions against making arrests, but the defense attorney was permitted to pursue those queries, despite his objections.
Another witness, Karen Crittendon, shared that she had been tasked with finding outside prosecutors for cases tainted by conflicts of interest. She recounted a conversation with Johnson a few days following the shooting, wherein Johnson mentioned she had already contacted Barnhill, who had agreed to assist the case. Crittendon was responsible for the formal documentation needed for Barnhill’s appointment.
Prosecutors argue that Johnson breached her oath by recommending Barnhill without revealing that he had previously deemed the shooting justified, a fact not mentioned in Johnson’s letter requesting his assistance.
After two days of testimony, Johnson’s defense team has effectively utilized moments during the trial to further their case. Lee Merritt, representing Arbery’s family, expressed belief that prosecutors would need to connect the dots in demonstrating Johnson’s guilt. “And I don’t think they’re there yet,” Merritt observed, highlighting the continuing challenges in the prosecution’s strategy.
