BRUNSWICK, Georgia — The case against a former Georgia district attorney who is accused of trying to stop police from arresting the man who killed Ahmaud Arbery in 2020 suffered a setback on Thursday. A police supervisor stated that the prosecutor did not interfere with her during the investigation.
Jackie Johnson was the chief prosecutor for coastal Glynn County when Arbery was chased by white men in pickup trucks and fatally shot in a quiet neighborhood nearly five years ago. She is on trial for breaking her oath of office and for obstructing the police after the young Black man’s death.
Stephanie Oliver, the assistant police chief of Glynn County, is one of two officers mentioned in the charges against Johnson. The accusation states that Johnson directed that Travis McMichael should not be arrested. McMichael is the man seen in a cellphone video killing Arbery point-blank with a shotgun.
On Thursday, Oliver, who was called as a witness for the prosecution, stated during cross-examination that Johnson or anyone from her office never tried to interfere with her while she was overseeing the detectives looking into Arbery’s death.
“Please explain to the jury how Jackie Johnson intentionally prevented you from arresting Travis McMichael,” defense attorney Brian Steel asked Oliver, summarizing the charges against Johnson.
Oliver said, “I never spoke to Ms. Johnson about this case.”
The second cop Johnson is charged with obstructing, Stephan Lowrey, wasn’t called as a witness before court adjourned Thursday.
Travis McMichael and his father, Greg McMichael, took guns and chased 25-year-old Arbery when he ran by their house on February 23, 2020. A neighbor named William “Roddie” Bryan joined the chase and filmed the killing with his cellphone.
Greg McMichael had retired a few months ago from his job as an investigator in Johnson’s office. He called her cell phone an hour after the killing and left a message asking for help.
Two months went by without any arrests in the case after the McMichaels reported to the police that they thought Arbery was stealing, and that Travis McMichael shot him in self-defense. The video of the killing was released online two months later, and the Georgia Bureau of Investigation took control of the case from local police. All three men were caught and found guilty of murder and federal hate crimes.
In 2021, Georgia Attorney General Chris Carr’s office charged Johnson with misusing her authority to postpone arrests and impact the choice of an outside prosecutor who concluded that Arbery’s killing was not a crime.
Johnson has denied any wrongdoing, saying she quickly stepped back from her office’s involvement and contacted a nearby district attorney, George Barnhill, to help advise the cops. He was the first of three outside prosecutors given to the case of Arbery’s killing. Barnhill met with the Glynn County police the day after the killing.
On Thursday in court, lawyer John Fowler asked Oliver about the meeting. She mentioned that investigators showed Barnhill some evidence, including a cellphone video. After about two hours, he concluded that the killing seemed justifiable.
Fowler asked Oliver how much Barnhill’s opinion affected the police’s decision on what to do next.
“When the prosecutors say no laws were broken, it’s hard for us to think otherwise,” Oliver said. However, she mentioned that Barnhill agreed with the cops that more investigation was needed.
Fowler never asked Oliver if she talked to Johnson or if someone in Johnson’s office told her not to make charges. He disagreed with Oliver answering those questions from Johnson’s lawyer, but the judge decided otherwise.
Jurors also heard from Karen Crittendon, a paralegal in the attorney general’s office. She spent years helping district attorneys who had conflicts by finding outside lawyers to take their cases. Crittendon mentioned that she got a letter from Johnson a few days after the shooting asking for a different lawyer to be appointed. Crittendon said she called Johnson to get more details.
“Crittendon said she talked to Mr. Barnhill, and he agreed to help her with the case. Crittendon also prepared the paperwork for Barnhill’s official appointment.”
Prosecutors claim that Johnson broke her promise by suggesting Barnhill without mentioning that he had already informed the police that the shooting of Arbery was legal. The letter she sent before the phone call does not name Barnhill.
After two days of hearing in Johnson’s trial, her defense lawyers have found ways to use the prosecution’s witnesses to help their case.
Lee Merritt, the lawyer for Arbery’s mother, said the family believes that authorities will create a solid case.
“They still need to show witnesses to prove Jackie Johnson’s responsibility,” Merritt said. “I don’t believe they’re ready yet.”
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