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'Wish I would’ve took him out and not get him shot': Investigator testifies about interview with suspect in Ahmaud Arbery murder

Travis McMichael, his father Gregory McMichael and William "Roddie" Bryan, who recorded the video, are all charged with murder in Arbery's death.

BRUNSWICK, Ga. — **WARNING: Videos contained in this article may be disturbing to some.

The trial in the death of Ahmaud Arbery continued Wednesday in Brunswick.

On Tuesday, Judge Timothy Walmsley stepped off the bench after what he called a 'lack of respect' from Travis McMichael's attorney.

Arbery was shot and killed on Feb. 23, 2020. Cellphone video leaked to the public shows two armed white men in a truck approaching the 25-year-old Black man as he runs down the road. One of the men, later identified as Travis McMichael, and Arbery struggle over McMichael's shotgun before Arbery is shot and collapses.

Travis McMichael, his father Gregory McMichael and William "Roddie" Bryan, who recorded the video, are all charged with murder in Arbery's death.

RECAP:

The time stamps below are approximations.

Wednesday, Nov. 10

5 p.m.: Court has ended for the day.

2:26 p.m.: Lowry reads transcript of interview with Roddie Bryan. Says Bryan said he thought Arbery was trying to reach for his car door. "I mean I can't say for sure. He wasn't on the door. I didn't give him a chance to get to the door," Bryan reportedly said.

Bryan continues in interview "I angled him off the side of the road, you know, and I kind of went past him. Because I didn’t hit him. Wish I would’ve took him out and not get him shot. But, you know, he kinda got past me a little bit.” 

Lowry says Roddie Bryan said he tried to back into Arbery  

2:24 p.m.: Asked Bryan to come to police HQ for interview, said Bryan was willing to go, signed consent for his phone to be searched. State asked Lowry about interview with Bryan. 

2:23 p.m.: State's ninth witness is Stephan Lowry, former patrol officer in Brunswick PD and then a narcotics investigator with GCPD. He was a criminal investigator with GCPD at time of shooting. He investigated Arbery's death.

1:41 p.m.: One of the younger female jurors seems to be taking notes while Lowry is questioned about the smudges and prints found on Bryan's truck.

1:10 p.m.: Judge Walmsley is back on the bench. Rev. Al Sharpton is in the courtroom, sitting with Marcus Arbery Sr. and attorney Ben Crump. So far, all’s been quiet in the gallery today. And haven’t seen any notable reactions or movements from the jury.

1:08 p.m.: Court has resumed.

12:20 p.m.: Wanda Cooper-Jones and Marcus Arbery Sr stand together. Cooper-Jones: “In the beginning, I didn’t understand why God placed this assignment on me, but then I realized God would never fail me” 

12:15 p.m.: The Reverend Al Sharpton arrives at Glynn County Courthouse to chants of “Justice for Ahmaud." Speaking soon with Arbery family

12 p.m.: Court breaks for lunch

11:17 a.m.: Rubin asks if Albenze believes Ahmaud spotted him outside. He says perhaps. Albenze says if that was the case, and perhaps if Ahmaud didn't see him, maybe the events would have not occurred. Albenze agrees that it weighs heavy on his heart.

11:06 a.m.: Defense attorney Bob Rubin starts cross-examination. Asks Albenze if him calling GCPD has caused concerns, issues for him. Says yes, including recently calls for attacks on him.

11:05 a.m.: Albenze said he hadn't been victim of property crimes in neighborhood in 2019, 2020, but was concerned hearing about crimes through Satilla Shores' Facebook page.

11 a.m.: Albenze said he walked inside home after he hung up with GCPD. Never talked to the McMichaels before the shooting about it. But he said he heard gunshots a few minutes later, rode a bike to the scene and saw Arbery laying in the street. "It's kind of a shocking scene." Rode bike home 

10:49 a.m.: Albenze said he recognized Arbery from home under construction's surveillance video, went inside, grabbed his phone and his pistol, then saw Arbery moving around in the house, couldn't tell what he was doing from inside the home. Says he called GCPD non-emergency number. 

When asked why he didn't call 911 vs. non-emergency number, said "I didn't see an emergency." Call played for court.

10:43 a.m.: Albenze says he called non-emergency number at 1:08 p.m. day of shooting. The first officer to respond who testified Monday said the call was for a "suspicious Black male in the neighborhood." Call played earlier in trial. Dispatch asks what the man (later ID'd as Arbery) is doing wrong. He said he is running.

10:36 a.m.: Prosecutors begin questioning its eighth witness, Matthew Albenze, lives in Satilla Shores. Says he met Bryan in "casual passing" at hardware stores, "just an acquaintance." Didn't go to Bryan's home every. 

Bryan is seen writing notes down.

10:33 a.m.: Judge told jury he plans to keep court open tomorrow, Veteran's Day, due to slow pace of trial so far. Asked jury to give him a note if they have issue with that 

10:03 a.m.: Sheffield asks if Nohilly interviewed Travis and for how long. Prosecutor objects to questioning about Travis interview because they say yesterday the state said they wouldn't use Travis interview, but defense wants to use it. State says it looks like they're hiding Travis' statement from jury.

9:56 a.m.: Hogue asks Detective *Roderic Nohilly if he uses verbal commands to get someone to stop during arrest. Asks if person is still not compliant, "you draw your weapon?" Nohilly: "No, I don't just pull my gun." 

9:42 a.m.: Sgt. Nohilly says he asked Greg "did this guy just break into a house today?" Greg: "That's just it. I just don't know. I don't know. He might of gone in somebody's house."

9:37 a.m.: State's seventh witness: Sergeant Roderick Nohilly with GCPD. He reportedly knew Greg McMichael on a professional basis when Greg worked as an investigator with the DAs office. Also interviewed Greg after the shooting.

9 a.m.: Court is scheduled to resume. During the lunch break, the Rev. Al Sharpton is scheduled to be outside the courthouse along with Arbery's family and family attorneys to hold a prayer vigil.

RELATED: Rev. Al Sharpton, Ahmaud Arbery's family and attorneys holding prayer vigil outside courthouse Wednesday

RELATED: Judge steps off bench after 'lack of respect' from Travis McMichael's attorney in death of Ahmaud Arbery trial

Tuesday, Nov. 9

5:28 p.m.: Court has ended for the day. It will resume at 9 a.m. Wednesday.

4:25 p.m.: Judge Timothy Walmsley steps off the bench in a flurry, saying that Jason Sheffield, attorney for Travis McMichael, showed a lack of respect for what the court is trying to do.

"Mr. Sheffield, you can agree or disagree with this court, that is your prerogative, but to act in the way you just did in front of this panel, I don't care if you like my rulings or not, if you like me or not, but in this court, the Superior Court, it is (incomprehensible) ... that counsel show at least respect for what the court is doing."

WATCH:

4:20 p.m.: (VIA POOL) As Pogue was doing his cross, Sheffield began filling a couple of big pages on his board with the following notes in large letters – it was all very visible to the gallery.

Written in an interesting jumble of upper- and lower-case letters was:

  • GREG McM
  • Numerous Ent. Auto Burgl Breakins
  • THIS guy – breaking  - this house down there
  • “GOING ON – FOR MONTHS” -> 2019? ABSOLUTELY
  • MISSING WEAPON – MAY HAVe [it]
  • “IT’S THE SAME GUY”
  • “OVER + OVER + OVER AGAIN -. THIS DAMN HOUSE.”
  • “PRIME SUSPECT.”
  • “ALL KINDS OF DAMN SHIT STOLEN”
  • “STOP THIS GUY SO HE COULD BE ARRESTED OR ID’D AT THE LEAST.”

4:02 p.m.: Defense to Marcy: talks about what Greg was saying about break-ins in the neighborhood, the fear of Arbery having a gun. Asks Marcy if Greg said he was trying to stop Arbery so that he could be arrested. Marcy answers yes.

Wanda Cooper-Jones overheard saying "arrested for what, though?" according to pool.

3:11 p.m.: Defense attorney Hogue: talking about statements Greg McMichael made to Marcy: Hogue says Greg said to Marcy the day of the shooting if Arbery had just turned around, said where he was coming from "it would be a whole different ballgame."  

2:01 p.m.: BACK FROM LUNCH: State continues to question Marcy. Marcy says he was the one who downloaded the video of the shooting from Bryan's phone. State shows Marcy video of Arbery in home under construction. Asks if Marcy sees him take anything, responds no. 

1:45 p.m.: Defense says state trying to prove Greg is lying about number of crimes in area. State says she's only trying to show there was just 1 burglary call, 4 entering autos. Gough: suggesting this "was not a neighborhood on edge" is inappropriate.

1:43 p.m.: Prosecutor asks Marcy about burglaries Greg McMichael talks about had happened in area. Witness said did own research in GCPD system and pulled reports. Defense objects, saying it's hearsay since Marcy wasn't responding officer. 

11:57 a.m.: A prosecutor asks Marcy if Gregory McMichael ever told him he was making a citizen's arrest, trying to detain Arbery. Marcy says no, just like Brandeberry said no when asked the same question and Minshew when asked whether Bryan mentioned a citizen's arrest. 

11:17 a.m.: The state is now questioning its sixth witness, Detective Parker Marcy with the Glynn County Police Department. Marcy says an officer brought Travis McMichael to the police headquarters, where they took more photos of him with blood on him. Gregory McMichael arrived at the headquarters around the same time and told Marcy he knew Bryan for years.

10:31 a.m.: The defense begins its cross-examination of Brandeberry. Travis McMichael's attorney Jason Sheffield plays some of Brandeberry's body camera footage showing his partner talking to McMichael. McMichael tells her "Just do whatever you have to do." Sheffield argues this shows he is being cooperative, not trying to flee the scene.

Sheffield argues this shows Travis is being cooperative, doesn't try to flee scene.

10:05 a.m.: A prosecutor asks Brandeberry if Gregory McMichael ever told him he was making a citizen's arrest and trying to detain Arbery. Brandeberry says no. The state asked Officer Minshew the same question yesterday regarding Bryan, and he also said no. This conflicts with the defense's key argument that the men were making a citizen's arrest.

RELATED: Georgia House votes unanimously on bill to overhaul citizen's arrest law following Ahmaud Arbery's death

9:52 a.m.: The state is questioning the fifth witness, Glynn County Police Department Officer Jeff Brandeberry, who responded to the scene the day Arbery was shot and killed. He says Gregory McMichael told him Arbery broke into a house under construction "several times" and it was on video.

9:46 a.m.: Arbery's father, Marcus Arbery Sr., arrives at the courthouse.

9:43 a.m.: Arbery's mother, Wanda Cooper-Jones, walks into court.

9:13 a.m.: Bryan’s attorney Kevin Gough walks into court.

9 a.m.: Court is scheduled to resume.