VALDOSTA – “My skin color shouldn’t be a death sentence.”

Valdosta resident Sydney Files has always felt this way and, like so many other people, she jogs regularly. 

When she heard of the death of Ahmaud Arbery in nearby Brunswick, Files remembered why she always tracks her running routes before heading out.

“I think every black person in America walks with more caution than white people,” Files said. “We aren’t safe. The inherent bias of others puts us at risk in every aspect in life.”

Her feelings of unease only continue to grow as cases such as this one continue to happen across the nation, and now relatively close to home. 

“I’m tired of getting on social media and seeing another black life taken because of this prejudiced fear,” Files said.

She prays every day that she, her brothers, her father, her boyfriend and her friends’ children won’t be next. She hopes she is never perceived as a threat. She dreams of a day when others will listen.

Files isn’t alone. 

The death of Arbery has sparked outrage in the Brunswick community, the state of Georgia and the nation, leading to protests and cries for two men to be put behind bars. 

In an incident referred to as a “modern day lynching” by Lee Merritt, attorney for Arbery’s mother, the 25-year-old went out for a daily jog and never made it home, according to an article by the Associated Press. 

Arbery was followed by two men, identified as Gregory McMichael and his son, Travis McMichael, as he jogged through their neighborhood, the article states. 

Late Thursday the Associated Press reported the two men were arrested. Gregory McMichael, 64, and Travis McMichael, 34, were to be booked into the Glynn County Jail, the Georgia Bureau of Investigation said in a news release.

According to a Glenn County police report, as reported by the Brunswick News, the McMichaels believed Arbery was the suspect in a recent break-in and armed themselves with guns before getting in their truck to pursue him. 

Gregory stated that Travis got out of the truck holding a shotgun and Arbery began to “violently attack.” He was shot as the two fought over the gun, reported the Associated Press.

The incident, which occurred in February, was brought to the public eye when a cellphone video was released earlier in the week. The Atlanta Journal Constitution reported the video was made by a friend of the McMichaels. 

On the video, Arbery can be seen jogging down the road and going around a truck stopped on the road. Travis McMichael is standing outside the truck and his father is in the truck bed. Yelling can be heard as the video then shows Arbery and Travis struggling for the shotgun.

Three gunshots can be heard on the video and, after the final shot, Arbery falls to the ground.

The chilling video went viral, showing up on all social media platforms and news outlets across the nation and created an outcry for justice.

Waycross Judicial Circuit Attorney Georgia E. Barnhill was assigned the case after the Glynn County district attorney recused himself as Gregory McMichael formerly worked there as an investigator, The Brunswick News reported.

Barnhill released a statement that he did not see grounds for an arrest. His opinion is the men operated within Georgia laws, citing specific laws regarding private people arresting an offender, open carry laws and use of force in defense.

The Brunswick News reports that Barnhill then had to step down from the case “after a conflict in the case was raised because his son is an attorney in the Brunswick Judicial Circuit, where Greg McMichael worked.”

The case was then passed to Atlantic Judicial Circuit District Attorney Tom Durden who says this case warrants a grand jury decision, according to The Brunswick News. 

Local leaders speak out

Attorney Roy Copeland of Copeland, Haugabrook and Walker Law Firm said cases such as this one are the reason why black America has so little faith in the judicial system.

“People just don’t believe that there’s any such thing as fairness in our system from the bottom to the top. I think it’s absurd that a review of any kind will allow a person who’s trained in investigations, who’s a lawyer, charged with protecting all people to draw such an absurd conclusion,” Copeland said.

Though Georgia has failed to create new hate crimes legislation since the Supreme Court tossed out the state’s previous law as too vague, Copeland said the Arbery case fits the definition of a hate crime.

“Is there any other way to characterize it? The fact that we don’t have a hate crime law in this state, as such, perhaps now we should not only revisit the issue but act swiftly,” Copeland said. “I realize that we’re at a time now where there’s a focus on COVID-19, but I think in the black community, there’s always been a focus on hate crimes and these kinds of vigilante incidents that occur in communities throughout this country. This is something that should not be put to the side. I think we’ve got to focus on this as a hate crime because there’s no other way to describe it.”

Copeland finds it “odd” that when a crime of this nature occurs, locals don’t recuse themselves and allow an independent investigation into the matter.

“All local law-enforcement folks should have recused themselves except those, of course, that did the initial investigation,” he said.

Copeland said he believes even if the grand jury were to indict the men in question, there would still be a lengthy trial process and everything along with it that could impact the case. He also views it as a case that could spur federal civil rights action.

After viewing the video, Southern District Attorney Brad Shealy agrees that Arbery’s death was not justified.

“They were wanting to do a citizen’s arrest and I don’t know they had sufficient evidence to do a citizen’s arrest and he had the right to resist an illegal arrest so to me, it doesn’t look like a justifiable shooting in this situation because, looking at the video, there’s no deadly force on the young man’s part,” Shealy said.

He added while a person can make a citizen’s arrest, there has to be probable cause the other person committed an offense.

“All of these cases are really fact-oriented. Just one little fact can make a difference and that’s one thing that frustrates me is when somebody shoots somebody illegally they should go to jail,” Shealy said. “But everybody should wait until all the evidence is out before they make a judgment call.”

Because of COVID-19, court officials working the Arbery case are unable to convene a grand jury, Shealy said.

“You can arrest somebody for murder but you can’t charge them in Superior Court unless they’re indicted by a grand jury,” Shealy said. 

Lowndes County Sheriff Ashley Paulk may not be fully aware of the Arbery case, but he knows his fair share about using deadly force.

“The way I’ve always said it is you use deadly force when you feel your life is being threatened. You’re in fear of your life is my interpretation of using deadly force,” Paulk said. “If the man that was shot did not have a weapon and you had a weapon, there’s no reason to be in fear of your life. And I don’t see it would be justified to use deadly force on a person.”

He added that even a uniformed police officer could not be justified using deadly force in that situation.

A statewide response

Arbery’s death has sparked a state investigation, called on by both civil rights advocates and Gov. Brian Kemp. In a tweet Tuesday, Kemp said the Georgia Bureau of Investigation had already offered its resources to the district attorney handling the case to “ensure a thorough, independent investigation.”

“Georgians deserve answers,” he said. “State law enforcement stands ready to ensure justice is served.”

However, later that evening, GBI Director Vic Reynolds noted the bureau could not become involved unless asked. On a phone call with DA Durden that night, he said, Durden confirmed he wanted additional help from the state.

The GBI “hit the ground running” Wednesday morning, Reynolds said, and assigned three experienced supervisory level agents to the case, who are from two separate regions and a specialized unit which is located in the third region. The agency is also investigating the release of the video of the events.

The investigation agency has announced the case will be run through its headquarters.

“I realize that emotions are running high in this community and they’re running high throughout the state,” Reynolds said during a video conference Wednesday. “The last thing anyone wants to do is extend us any patience, but also realize that this investigation must be done correctly, and therefore I must ask for a little of your patience. I’m confident that we’ll do justice in this matter.”

Attorney General Chris Carr said in a statement that based on the released video footage, he is “deeply concerned” with the shooting of Arbery and expects “justice to be carried out as swiftly as possible.”

But civil rights activists and black Georgia lawmakers are calling for more urgency.

“We are saddened and angry about this wanton display of violence against an innocent man whose only crime was jogging while black. In 2020, our state and our country, has yet to reconcile with the vestiges of racism,” the state’s legislative black caucus said in a statement.

The ACLU of Georgia said the “vigilante behavior” displayed in Brunswick is “unacceptable.” 

“We call on the officials in Brunswick to enforce the rule of law so that it can be safe for citizens to walk the streets,” Andrea Young, executive director, said. “Ahmaud was killed three days before the anniversary of the 2012 killing of Trayvon Martin. Both incidents are a reminder that white supremacy has been a foundation for our country and leads repeatedly to the targeting and harming people of color, particularly African Americans.”

National outrage

Georgia has made national headlines for its handling of the COVID-19 pandemic and again has caught America’s eyes with Arbery’s troubling shooting.

Former Vice President and Democratic presidential hopeful Joe Biden said what happened is apparent.

“The video is clear: Ahmaud Arbery was killed in cold blood,” he said in a tweet. “My heart goes out to his family, who deserve justice and deserve it now. It is time for a swift, full, and transparent investigation into his murder.”

Stacey Abrams, former 2018 Georgia gubernatorial candidate, said in an interview with CNN the case is just now getting the attention it deserves after weeks of being “swept under the rug.”

“Any nation that allows justice to be served and meted out by vigilantes and not holding those people accountable is not a just system,” she said

Reporters Chris Herbert, Amanda M. Usher and Riley Bunch contributed to this report. 

This story has been updated following an arrest of the suspects Thursday evening.