GBI Request for Ahmaud Arbery
The Georgia Bureau of Investigations tweeted, “The GBI has not been requested to investigate the shooting death of Ahmaud Arbery.” Why is that language important? Who can request the GBI investigate a criminal matter in Georgia?
On February 23, 2020, Ahmaud Arbery was exercising in his community near Brunswick, Georgia. Without cause, he was chased down by two men in a truck carrying weapons, he was stopped, confronted by one of the men, and then shot. It was all caught on video. As of May 5, 2020, his shooters have not been arrested, charged with any crime, and currently no law enforcement agency is investigating the homicide.
Today, after the brutal video of the shooting was released to the public, Atlantic Circuit District Attorney Tim Durden announced he is going to take the case before the Grand Jury for investigation. Conveniently, due to COVID 19 all Grand Juries are on hold until June 13, 2020.
Until a law enforcement agency investigates this case and issues arrest warrants for the shooting incident the shooters will continue to walk free and without bond conditions for at least five months.
Who can request an investigation in a Georgia homicide?
O.C.G.A. § 35-3-8.1 gives the GBI the power to assist other law enforcement agencies “Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, the judge of the Superior Court of any county of this state, or the Governor.” With such request the Director of the GBI “may direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.”
Scroll over to the GBI’s website and you will see they are requested to investigate cross county matters throughout the state on a regular basis. https://gbi.georgia.gov/press-releases/2020
As an “assisting agency” the GBI has limited power until requested, as today’s tweet suggests. O.C.G.A. § 35-3-8. However once requested the GBI’s jurisdiction outlined in O.C.G.A. § 35-3-8.1 has been upheld in both a homicide case and a case where the requesting authority was an official outside of the jurisdiction where the crime occurred. Owens v. State, 305 S.E.2d 102, 251 Ga. 313 (Ga. 1983). Haley v. the State., 289 Ga. 515, 712 S.E.2d 838 (Ga. 2011)
Can something be done sooner than June 13, 2020 or post COVID 19?
Any governing authority, chief law enforcement officer, sheriff, district attorney or superior court judge of any county or municipality can simply make a request of the GBI to investigate Mr. Arbery’s death. It will be up to the Director of the GBI to accept the case. Per their tweet, the GBI is currently investigating “the public release of the video related to the shooting death of Ahmaud Arbery.” These investigations are conveniently related.
Ahmaud Arbery’s death has been ruled a homicide by the coroner. Typically, a person committing a homicide is charged, arrested, and assigned a bond or they remain in jail. No official has addressed why the shooters in this case have been treated differently. It is important to note the Glynn County District Attorney, Jackie Johnson recused herself because one of the two shooters was a retired investigator from her office and a former police officer. The shooters were father and son.
Related Laws:
O.C.G.A. § 35-3-8.1. Power of bureau to assist other law enforcement agencies
Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, the judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.
O.C.G.A. § 35-3-13. Requests for investigation of criminal matters and crime related fires; access to local services and records
(a) Any district attorney of this state may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any criminal matter.
(b) Any head of a municipal or county fire department may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any crime related fires.
(c) In the event the bureau acts in cooperation with a municipality or other political subdivision of the state, the services and records of such municipality or other subdivision shall be accessible and available to the bureau at all times.
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LaDawn LBJ Jones
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The GBI was finally requested by the same DA who originally only suggested the delayed grand jury investigation. It should not have taken this long for an investigation. https://twitter.com/gbi_ga/status/1257852563971624961?s=21
Isn’t the original District Attorney who declined to arrest or prosecute these men the same District Attorney who refused to prosecute the officers who shot Caroline Smalls?
I don’t know how to fix things but having a local District Attorney able to single handedly protect their buddies is wrong. Forcing family to go to the national news to get the investigation that they should have had months ago is immoral and not the Georgia I want to live in.
LaDawn – are there plans to draw up appropriate legislation that would help address both of these types of matters that we can then work with our legislators to get passed? I personally think that the local DA should automatically be recused and the charging decisions made by an outside prosecutor when police officers shoot/kill someone but even that step wouldn’t have helped in this situation.
When CNN showed up in the neighborhood with a reporter and video camera, they were greeted by a not so distant extended burst of what seemed to be semi-automatic gunfire.
Who called in the GBI to investigate the leak of the video, but didn’t request GBI investigation of the homicide?
Stand you ground places the burden on the state to prove the perpetrators weren’t in fear for their safety when he resisted them, so of course a grand jury indictment is needed prior to arrest. Pffffft!
From Sen. Loeffler:
“I am deeply concerned by the troubling death of Ahmaud Arbery. I join Georgians across the state in calling for swift action and immediate answers in the wake of this tragedy,” said Senator Loeffler. “With the Georgia Bureau of Investigation now committed to assisting local law enforcement, I anticipate a thorough and rigorous investigation will be conducted, and that it will deliver much-needed clarity and justice in this case. My prayers are with the Arbery family for their devastating loss.”