0 cash bond on charges of battery, disorderly conduct and resisting an officer. and there's more. his criminal history reportedly dates back to 1999 and includes felonies and misdemeanors in various states. so, you're going to see attention turned. if this is accurate reporting by several media outlets, you're going to see attention turned on this phenomenon we're experiencing that covid has caused judges to empty out prisons. that some activist das and judges are engaged in letting people go who in past years would have been detained. watch for the focus to change on why this gentleman was on the street. >> we have to, regardless of that, just kind of remember that these are five people who have lost their lives and 40 people that are severely injured. frank and tom, extraordinary reporting, as always. thank you for being with me. that wraps up the hour for me. i'm jose diaz-balart. craig melvin picks up with more news right now. >> good monday morning to you. craig melvin here. what should have been a joyous holiday parade is horror. late sunday a red suv drove into a crowd in waukesha, wisconsin. as of this hour, at least five people are dead, more than 40 are hurt. eyewitnesses describing a harrowing and terrifying scene. >> they saw people on the ground. there's blood and it was really bad. >> roughly an hour from now we expect an update from children's hospital of wisconsin. we'll get an idea of how the children that they are treating are doing. we also expect an update on the investigation itself from authorities at 2:00 eastern, 1:00 local time in waukesha. right now a person of interest is in custody. we're learning a little bit more about who this person is this morning, but we should stress this person has not been charged with any crime in connection with the incident and police have not named him as a suspect. we'll have the latest and moments on that. we're also keeping a very close eye on brunswick, georgia, and the trial of three men accused of murdering ahmaud arbery. closing arguments are in a break and when they pick back up, we will take you back inside that courtroom. cal perry is outside the courtroom there in brunswick, georgia. cal, take us through what we heard so far this morning in the courtroom and when we expect these closing arguments to resume. >> hey, craig, good morning. in the next ten minutes we expect the defense will present their closing arguments and we heard for the better part of an hour from the prosecutor on behalf of the state of georgia who is bringing the charges against these three defendants and she really spent the majority of her time laying out the legal definitions of these charges. once the defense has finished their closing arguments, we'll hear one more time from the prosecution and then the judge will give jury instructions. it was those jury instructions and the terms in it that she took such time to define. first defining citizens arrest. saying to the jury, you will hear from the defense that they were carrying out a citizens arrest but as defined by the law, you have to witness the felony taking place in front of your own eyes. it has to be during the time and, of course, these three defendants did not witness any felonies taking place. in fact, they did not witness any crime taking place. that was something to point out to the jury. the other thing she spoke about was self-defense. she laid out for the jury anyone in their right minds would find it hard to believe the individuals, two of whom were armed were acting in self-defense. that was really sort of the just of what she laid out. again, we'll hear from the defense next. unclear sort of how they will lay out their case, but they will need to somehow convince the jury, craig, that these three defendants were not only afraid for their lives but they had to carry out this violent act. >> cal, stand by. let's listen in. again these are not the closing arguments but the attorneys appear to be going back and forth about something so we'll listen. >> the state objects to the heading on that since it attempts to have a photo of something that was never testified to. >> what's the heading? >> has an image -- >> that's where he went to school. what is so objectionable about it? >> he testified where he went to school and testified what he did in the training and the other thing shown on there. let me get back to it. the objection is granted in part. as that slide has been amended, i don't have any issue with that. >> okay. >> use of that. >> please back up one more. >> his testimony at trial. >> wait a second, hand written notes. we're going to show those to the jury sph. >> of course we are. i wrote them right in front of him as he was testifying. it is not this appropriate to get this deep into my presentation. these are the notes i took at trial. the same way i can show this one. >> those are your notes. >> i did it in front of the jury. just like i did this one. >> what you're referring to. >> i'm saying you saw him testify. >> when everything is talking and working through things, i can't think it through. so you are using the slide to show is what his testimony was at the time. >> the state has chosen to type it up. they decided to type up what was said. you heard travis mcmichael say this is my notes as i was writing as he was talking in front of the jury with the state present during trial. i do this because it captures what's said on the stand and the jury can understand it. i don't see what the objection is. the state can talk about and type up but i can't show what i wrote down during the testimony? that doesn't make any sense. >> i understand now what that was. i agree, mr. sheffield did write those things down on a big piece of paper and he chooses now to show it this way. the state's okay with that. the problem becomes the next photo, no one testified to that photo. >> you're objecting this neighborhood with a neighborhood sign up front. it is a chapter heading of what i will be presenting. >> my fear here is just that i'm going to have to object every single slide when it comes up if no one testified to it or information that no one testified to it. >> i think a number of things -- the state has a continuing objection then to the i understand that's not in evidence but the sign itself simply being used as indicated as sort of a chapter marker. i'll permit the defense to use that. what the changes that have been made now to the slide that showed the training, what i understand now is limited to what was actually testified to will be referred to that way as opposed to here's the manual or what the coast guard instructed him. i won't limit you exactly on how you want to present that. as long as it's not a presentation as if it was evidence separate from testimony that was provided by mr. mcmichael from the witness stand. and the use of force continuum is what you're using to demonstrate the argument as opposed to relying on that as a training diverse or something that was actually presented in training. >> so, judge i'm asking for direction from the court. these are just the first couple. so, if there's some photos that no one has ever testified to, i'm going to object. if there are other things like, for instance, there's a picture of the neighborhood and somehow they've marked every time a 911 call came in, no one testified to all the 911 calls in the neighborhood. but maybe a graphic that shows all that. if such graphic exists, i'm not sure it does. i'm going to object. and if this happens more than twice within this powerpoint, i'm going to ask that we stop, unfortunately, and go through every single slide because i'll be up here objecting constantly to his closing because it contains things that were never testified to and no evidence was presented at trial because of it. that is my concern. >> i have a slide of the neighborhood that i've created, that i put little circles on and i put things on it that are representative of the testimony of the officer and going door to door and neighbors who had been complaining about things. i'm not going to say the neighbor at this address called 911. it's argument. it's demonstrative of my argument. i don't see any basis for the state to object and i don't have anything else in this photograph. >> i understand the issue. >> thank you, judge. >> she wants to object. that's fine. we'll just deal with it as it comes, i guess. >> jury 219. it's available. >> okay. let's go get the panel. the jury is coming back into the courtroom here in brunswick, georgia. we expect the defense to start their closing arguments here momentarily. i'm joined now by veteran prosecutor paul henderson. paul, help us if you can, try to make some sense of what we just heard there. it seemed as if the defense was trying to or is going to attempt to offer some evidence here in closing, some presentation, some slides that the prosecution has not seen and that the jury had not seen during testimony. is that what was happening? >> it's that and more. as they're preparing for closing arguments, both advocates are trying to show the judge ahead of time what is going to be shown to the jury while they're making their arguments. in this case, in particular, it's very important what that evidence and those documents are because there has to be a positive and a firm foundation meaning it is allowed to be shown to the jury. here's why it matters in this case. there's such a vast difference from what defense counsel argued in their opening arguments versus what the testimony was from their own witnesses and from the defendant that took the stand in this case that the prosecution is vigilant about what those boundaries are from the evidence that is trying to be shown to the jury. and i'll explain that by telling you, some of the things that the defense counsel argued in the beginning of the case and they talked about a number of things that there was probable cause to believe that a felony had occurred is what they said. they said that there was a duty to protect the property of others of larry english in the case. that wasn't really explained or affirmed in the law. they also talked about that he was armed. their clients were armed because he was moving in a way that affirmed for them that he was armed and that's why they were asserting their self-defense at the instance when he was killed. all of these things, that the neighbors knew that things had been stolen. all of these things weren't necessarily proven in the trial. so, the prosecution wants to make sure that none of those statements help in determining the self-defense on behalf of the defense attorneys. and that's why they're arguing page by page, bit by bit, over everything that will be introduced in the closing arguments. prosecution will not allow defense to introduce things that they haven't approved before or seen before and neither have the court that's why we're in the weeds arguing about the things that have been shown to the jury in the past but the defense attorneys have written their own notes on these documents and that's why prosecutors saying why do we have to see their notes? their impression of interpretation of the evidence can be persuasive to the jury because no foundation that those assertions are actually valid and it really is in the weeds but legally those are the issues that we're unpacking to make sure that the jury understands what has been presented as actual evidence and separating that from the arguments to be made that are merely arguments on behalf of the defense counsel. interesting in this case because there's no ambiguity as to what actually happened because it is on videotape. we're seeing two different interpretations of the videotape on both sides and they both will be arguing. prosecution will argue what the tape shows. defense attorneys will be arguing what the tape shows and what they're arguing about are literally the interpretations from defense counsel of things not necessarily shown on the tape, but the subjective interpretation and presumed information that is contained. >> paul, i hate to interrupt you. let's go back in the courtroom. the defense starting their closing. >> about three things. it's about watching. it's about waiting. it's about believing. travis mcmichael spent almost a decade of his life learning about duty and responsibility. he received extensive training on how to make decisions that would ultimately impact his beliefs as a petty officer and coast guard, as a boarding officer in the coast guard into some of the most treacherous waters extending some 200 miles off the coast. of the united states. he trained relentlessly about his duty and his responsibility. even after active service and then coming into smaller communities and working in the coast guard, he trained weekly sometimes daily on what the law provided that he do. what his responsibilities were how he would make decisions and critical moments of policing and in critical moments of rescue. these teachings were burned within his brain to the point of muscle memory so that he could perform his duty and his responsibility to his country and his community. he talked to you about officer presence and how he trained for officer presence. he talked with you about verbal commands and how he would use verbal commands to try to police or try to calm or to try to de-escalate situations. he talked with you about control techniques. and the things that he would have to use to get control from those persons who he was investigating. aggressive defense techniques something he never had to use on his job, but something he trained weekly. every friday with the red man suit. and he talked with you also about immediate weapons, weapons retention and the use of deadly force. travis spent a long time going through these things in his testimony if you recall i was writing feverishly so i could capture what he had to share about these things. it includes what gave him the right to search, examine, arrest, seize, inspect, inquire. he talked with you about the level of suspicion by a reasonable and prudent person given the overall circumstances to believe that crime has been committed. probable cause. he spoke with you about the use of force continuum. he talked with you about de-escalation and how de-escalation was always the goal. he talked with you about l.e.a.p.s. listen, empathize -- de-escalate, learn what's going on and figure it out. he talked also about weapon retention and using a weapon if it had to come to that to de-escalate a situation. when travis moved back home, he did so with his 3-year-old son everett. he moved in with his mother and his father and then eventually his sister joined them in the home. you heard about sutila shores from several witnesses who came to talk to you about what they were experiencing in this once idealic neighborhood. a neighborhood that was once a place where elderly would walk at night and kids would play after dark. but over time how that began to lessen. and travis began to notice it, among others, about how things in the neighborhood started to change. from learning that the gbi went around to alerting that officer rash went around to what was being posted on facebook to hearing from witnesses on the stand to hearing him talk about driving through the neighborhood. witnesses talking about police cars going through the neighborhood at night shining flash lites. this neighborhood was being covered in suspicious persons, in extra watches and neighborhood patrols and concerned citizens. it was everywhere. it was on facebook. and the count created some neighborhoods to help each other. and the types of things that these neighbors would talk about to each other was about the crime that was being committed to them. to their neighbors. a crime they had seen happening across the street from them. a crime that some was reported but not all. you heard a lot of people talk about, i didn't call the police because what's the point. crime is over and the people are gone. but they told you what was happening in their neighborhood concerned them. caused them concern and unsettling. to imagine people lurking and sneaking around your property at night so that your cameras are going off. your doorbell camera's going off. that's frightening. one witness testified how emotional she got because she had to tell her children you can't go out at night any more. the steps they took to protect each other using facebook. hey, be on the look out. you heard cindy clark testify about how she offered to go get license plates on two separate occasions for cars coming in the neighborhood. or how she called the police on a bunch of people who had come into the neighborhood saying their car supposedly broke down but it was stolen. these are real experiences of real people who were very scared. they took it upon them selves to do something about it. got cameras. called the police. notify each other. citizens watch. neighborhood watch. there's absolutely nothing wrong with that. even travis himself had taken it upon himself to try to investigate one person who was identified potentially being homeless and living under the bridge. travis explained to you that he had learned about a neighbor having her purse stolen, of course, there were other complaints of crime in the neighborhood, as well. and he thought after boating home one afternoon and seeing what he thought was a homeless encampment under the bridge that this could be the guy. so he finished going home and got his dad, who is a lifetime law enforcement officer and investigator and they went over and they drove and they walked down under the bridge. and instantly when travis did this, you saw evidence of his muscle memory. he talked about walking down, not holding a weapon out. not armed with the gun out. he had his gun with him just in case he needed it for protection. but he walked out to do what? use l.e.a.p.s. to listen, have a conversation. as he walked down under the bridge he saw a bunch of trash and a bunch of items and a machete and a man fishing. so he followed his training and polightly stepped between the man and the machete and said, hey, man. you living down here? everything okay? as he's doing that he's looking around. looking to see if that purse is there. looking to see if any of those other stolen items may be there. the man responded, no. just fishing. and then they left and called the police. you have evidence of that. you heard brett mcmichael on the phone with the police nonemergency line saying, hey, we want you to go check out this guy under the bridge that we called you about. state asked travis, well, why don't you describe this fellow for us. white, black, asian, hispanic. he's a white guy. call the police. he was gone by the time the police got there and that was the end of it. but the man under the bridge or the idea that there could be a man living under the bridge, did not go away. that theme and that person comes back. during 2019. the real problem as the neighbors and neighborhoods of satilla shores were trying to figure out what was going on and who may be responsible for it, was that 220 satilla drive residence. a residence that had a unique type of crime going on in it. one much different from what they had been experiencing. so dark you can't see the photograph of it. but it was the photograph of 220 satilla shores at night along with the dock down by the water at night. and what all these neighbors are going to soon become aware of is that there is a repeat offender who is coming at a time when he has absolutely no lawful reason for being there. just to start with. on october 25th larry english calls the police. we learned from larry english that there is a man plundering around. larry english at this time only has two cameras. one on the dock and one behind the house looking out in the backyard of the house. larry english says he looks drunk or on drugs. that's concerning. i have a lot of valuables in my house. tools, equipment, things of that nature. never seen this gentlemen before and it doesn't look good. police come but there is no person that is found. what you need to understand about burglary is burglary includes any house, building or structure which is designed or intended for occupancy for residential use. this unoccupied, unsecure construction site, which could be anything, is not the same thing as larry english's residence that is being built. that's a term that the state continues to use. the unoccupied, onsecured construction site. which doesn't even begin to tell the story of what this is. on 11/17/2019, two people are seen on the video. it's a white couple that goes in and comes out. what's significant about larry english's report, though, on 11/17 is not that the two people that i saw on the video tonight have stolen something, he says we had stuff stolen about a week and a half, two weeks ago. he's now telling the police he had stuff stolen from his home. the next night mr. arbery returns. pitch dark and no lights on in the home whatsoever. this time larry english has put cameras inside the residence. now he sees and reports that mr. arbery is looking inside a boat. the same boat? no. no. that boat he got there on the morning of the 18th and he took it back to douglas, georgia, with him. what he says right there at the bottom. brought the boat back to keep from stealing electronics off of it. he is communicating this to 911. this is official. he is reporting, again. they had a situation with the same guy a week and a half ago. says it right there. he was on about three people's cameras. and just to emphasize on 12/1/19 english calls the police again and he talks about somebody might be living under the bridge. that idea is still floating out there. still considering it. but, again, he says i had a bunch of stuff stolen out of the boat. which, again, confirms what we're talking about. on two of these occasions, we have video of mr. arbery inside the residence. first on the dock. and the second inside the house looking into the boat. the video ends right there. travis mcmichael has his own horrifying experience with a man that he is about to learn has just been involved in all this stuff with larry english. he's been told some things by his mother and hisand other neighbors before this moment. but he's going to learn some things for himself on 2/11/20. on this night, travis is driving out of the neighborhood to go get some gas. he wants to fill up at 4:00 a.m. and on his way out as he's driving down the road on the way out of the neighborhood he sees a man run across the street and then duck into the shadows from this house ducking through the shadows, through the trees all the way across until he gets in front of this house. travis backs his car up and splashes his head lights up on the house. the gentleman steps behind a port-a-potty. travis then starts to get out because he wants to say, hey, what are you doing here? the guy comes out from behind the port-a-potty and lifts his shirt up and acts like he's reaching in his pocket and that totally freaks out travis. despite his training, despite his experience. it freaks him out. travis tries to talk to him. now, the guy never says, hey, i'm sorry. i am so sorry. i was walking my dog or i'm so sorry. i didn't mean to startle you, like any one of you would if you're out in the yard late at night. didn't say anything. just did this, travis got in his car, reversed out, stalled the car but backed up and zipped hope to tell his dad. as soon as his dad hears what is going on, his dad decides to go check it out. at the same time diego perez has been called and he's going to check it out. they take firearms with them. he said, dad, whoa, wait a second. this guy could be armed. but his dad is already walking down the street. travis gets in his truck and backs up and he's calling 911 and returns to the house where he puts the headlights on the house watching, waiting, believing that this man could be dangerous. believing that his dad could now be in danger. believing that something awful could happen so he posts up right here, lights on and waits. for the police that he, himself, have called. when the police arrive he stands there and talks to the police and says, hey, my dad is in there. travis, why didn't you go in there? he's like, i'm not going in there. i'm not going in there when this guy did this. that was enough for me. i'm staying out here. that is a reasonable thing to do. ultimately, travis calls police and we hear what he tells police instantly on the phone. we had a string of burglaries. a lot of burglaries and break-ins. that's what he tells him. that's what is in his mind almost from the very beginning. he startled me and reached into his pockt and didn't know whether he was armed or not. he's sneaking behind a bush and also tells the officer he had a pistol stolen about a month ago. this is what he's saying and you hear him breathing. and the operator says, you all right, hon? he just startled me. that's real. that's a real experience with the guy going into a house after being seen. at night with headlights and reaching. and then turning around and going into a house that's not his. where is the logic in that? and travis then stays and talks with the officer and then sees the video and sees this gentleman just walking around the house like he didn't just get stopped, caught and seen and had this interaction with travis like it never happened. he's just walking around the house very calmly. and travis feels that that is so bold and brazen to do that. it frightens him about this guy. it worries him about this guy. that's real. that's what happened. what happens next is the two officers show up and being told what they've been told that the guy acted like he had a gun and that he went into the house, they pull out their firearms and start going through the house looking and shouting and calling. with their guns out because they might need to protect themselves. are they committing an aggravated assault when they do this? are they committing a false imprisonment when they do this? no. they're searching, looking and trying to apprehend whoever's in the house that may be armed. and then everybody meets outside and they talk. this is where travis gets the rest of the information, aside from his own personal experience. he and his father talking to officer rash, diego perez, matt albenzi, and brandon gregory, the officer who also works with glynn county police. they talk that night and talk about what is going on and travis gets to see the rest of the video and he said that dpi is this guy. same guy. been a lot of break-ins and burglaries going on. he knows stuff has been stolen already. and they have a conversation. you heard part of that conversation from the transcript. rash says, well we haven't actually seen him take it. because there was no camera on it. but i guarantee you if one of you left your bag in this room and we all went into the hallway and then i walked in here and you saw me walk in here and you never saw me leave and when you come back in you walk in and you go, where's my bag? nobody else came in here but jason did. and the bag is gone. oh, look, there is a back door. is it reasonable to believe that i may have taken your bag? of course it is. this is a burglary. he says i haven't seen him take anything, yeah, criminal trespassing. yeah, at the very least. he's thinking about ahmaud arbery. in order for himself to figure some things out. travis knows that he caught ahmaud going into the house. he knows that. so, ahmaud should know that travis knows that. he knows that ahmaud has been down on the dock and ahmaud should know he has been down on the dock. he has been on someone else's property. he has to know that by now, travis is thinking. he knows it's not his home or house under construction. he knows that he's been caught sneaking around the bushes. travis is the one that caught him. he knows there has been a confrontation about it. he knows, mr. arbery has to be this guy, this man has to understand that these things have taken place. that he had headlights on him. that somebody was trying to talk to him about why he was out after dark in front of this house and he didn't respond. if i say to one of you, hey, how are you doing and you look at me and you walk away, you know you looked at me and walked away. you know that is part of what's happened. he's still in the house after being confronted in the dark. and then he looked around. he knows he's in the house looking around and eventually that he'll be seen on the 23rd going into the house and that people were trying to talk to him and that he's not answering anybody, any questions. travis knows they must be in his mind because they were part of the very real experience that he had with him. and because of that, travis is starting to believe and expect certain things in return. obvious, natural ordinary things that should happen in return. constitute the offense of burglary, it's not necessary that a break-in happened. that something gets broken. if you recall, all the questions by the state of the witnesses was anything broken? was a window broken? was a door broken? that's not what is required for the law. those questions are meaningless and they are red herrings. nothing has to be broken. you just have to break the plain of the structure to constitute a burglary. then you don't have to show that an actual theft had been committed. nothing actually has to be stolen. you just have to enter with the intent to steal something. where do we derive a person's intent to steal something from a house? well, certainly go into a house that isn't theirs that contains valuables. and they do it at a time when they shouldn't be doing it. and under circumstances that are very problematic, including running from other people who see you. lastly, larry english's deposition, mr. english couldn't be here. he's very sick. watching a lot of deposition is a hard thing to do. the basics of this deposition you made your neighbors aware, the ones that we've mentioned, greg, ronnie olsen. you made them away you had stuff stolen out of your boat. you wanted your neighbors to help catch the guy. yes, wanted diego to help catch this guy. you never told them at any point, hey, guys, it wasn't stolen when it was at my house. it was stolen when it was off property. you never told them that, did you, mr. english? never told them that. you never announced it on facebook. you never announced it on next door neighbor and you never corrected what you now say is it was stolen off site somewhere. he says no. so then, therefore, mr. english, to your knowledge they were left with the impression that stuff had been stolen from your boat at 220 satilla? i guess so. what was ahmaud arbery doing in satilla shores? there is no evidence that ahmaud arbery jogged or exercised in satilla shores. not one friend, family member, not one eyewitness even rash going door to door. no evidence whatsoever that satilla shores was a place of exercising and jogging for ahmaud arbery. officer rash testified that by december 19, he knew larry had a cooler stolen, electronic equipment stolen from the offshore boat while it was parked in the rv garage and bob said that's a burglary. a burglary had been committed in this residence and he said that's right. it was never reported. we didn't have a report about it so i didn't really investigate it. but that is a burglary and he has admitted that to you, as well. mr. olsen's surveillance camera shows that mr. arbery walked into the neighborhood. didn't run. he then stood in the yard and put his hands on his hips and looked around like this. and then went into the residence. matt was doing work in his yard and saw this gentleman who resembled the gentleman who had committed what they thought was a burglary in that residence. he shut down the work that he was doing and put a gun in his pocket, grabbed his cell phone and he walked all the way up the street to the corner where jones meets satilla where he keeps his mailbox. he stood there right next to this tree and he called 911. at some point in the video when you see mr. arbery run out, you see he passes right through the window and he's standing right there on the phone calling the police. his behavior changes instantly. mr. arbery is in a full sprint running into the neighborhood. running into the neighborhood. it means he's going on his regular jog. no, because running out of the neighborhood is a problem. it's a problem now because there is a guy standing there on the phone looking at you back in the same residence that you've been caught in now three times. caught meaning on camera and police coming and searching with lights and travis mcmichael and to return to that house in the middle of the day, like that, after being run off. imagine going to visit a house under normal circumstances. oh, this house looks like one we might want to buy. i'm going to go in there. then somebody comes up to you with headlights and tries to stop you from going into the house and confronts you about it. are you literally ever going to go back to that house again? it is unreasonable to think that he's going back there for some lawful purpose after being run out of there three times before. so he doesn't run out of either of the entrances to go back across the street where he lives. he runs deep into the neighborhood. someone has called the police. now, travis has told you. nothing has erased from his mind about this individual in the two weeks. between february 11th and february 23rd. it's all still there. and while he's sitting in his home, his dad comes running in the house and tells us the guy who has been breaking down the street is back and he's running past. get your gun. travis and his dad carry their firearms for protection wherever they go. it's what they do. the law allows them to do it. they have permits to do it. travis testified that he has a concealed permit at one point. the law allows this behavior. travis comes out to the street. he looks down the street right across. here he is at 2:30. he comes out here. mr. arbery has already run past. he comes out and looks down the street from where the house is and sees mr. matt albenze who is walking towards him and eventually after a couple houses goes like this and points down the street. it is reasonable to conclude that based on what his dad said, who just came running in the house. the guy is back who has broken in to come outside and look and see and see mr. albenze who he knows and who he has talked with, who he shared thoughts and feelings about the person breaking into the house is now saying go that way. the guy is back. to get in his car and go. you cannot act on the unsupported statements of others. the state has characterized that, which is an accurate statement of the law as travis'. are you kidding. after all that we have seen. after all that he has experienced. after all the conversation that he had. after all the videos that he's seen. after what he experienced himself that he's just going off of what his mommy told him. this is what, this is what the state wants you to do something about. this is what they're trying to inject into this case knowing, despite that, that travis has called the police on the white man under the bridge. knowing that travis called the police on a carjacker or told his police friends when he was in a coast guard and a report was made about the white guy that tried to rob his truck. knowing travis called the police about his gun being stolen and readily admits i don't know who stole it. knowing that travis called the police on the 11th of february. they want to try to reduce this case down to this statement. which is not true. travis had all of this. he's reading facebook, everything going on at larry english's house, knowing what is happening at satilla shores, his own experience, albenze signaling. officer rash and matt albenze. this is what he carried when he left his driveway that day. reasonable and probable grounds of suspicion. reasonable and probable grounds of suspicion. facts and circumstances. toward a circumstances where person taking care to understand the truth. and believing that the suspect has committed the offense of burglary, travis believes he's committed the offense of burglary. the facts necessary to establish probable cause for arrest are less than those required to prove guilt beyond a reasonable doubt. it's more than suspicion or possibility. it's got to be a probability, probably, and he said i had a probability. there was a probability that this was the guy who did it and here's why i think he did it, and i wrote down every one of the things that we talked about as he testified. i wrote them all down, and they are all encapsulated in that slide i just told you. this is where the duty and responsibility in following the law becomes intertwined with heartache and tragedy because you do have the right to perform a citizens arrest. you do have the right to have a firearm when you make an arrest. you do have the right to stop a person and to hold them and detain them for the police, and there is risk with that, and there are tragic consequences that can come from that, and we can all sit here right now and say what the state has said from the very beginning and what travis himself recognizes. if he had only stayed home that day, if he'd just sat on the couch and fallen asleep with his kid that day. travis told me there's not a day that doesn't go by that he doesn't think that exact same thing. but the law allows the citizens to make a citizens arrest, and if doing so properly, it is the reason for the actions that followed. here you talk about an offense being committed in his presence or in his immediate knowledge. what could be more immediate than february 11th. what could be more immediate than seeing the videos of him in the house and talking with police officers and other people including hearing from larry english through others that he actually had stuff stolen from his property. an offense has been committed and he knows about it. he's seen everything other than the hand on the equipment that was stolen. if it's a felony and the offender is escaping or attempting to escape, then you can arrest him upon reasonable and probable grounds of suspicion, probable cause. travis said many, many times it was the totality of the circumstances. that's his coast guard brain. that's his coast guard brain saying everything that i knew gave me the belief that a crime had been committed. escape, private citizens warrant arrest must occur immediately after the perpetration of the offense or in the case of felonies during escape. not every person is arrested at the moment they commit the crime. not every person is arrested by police because sometimes the police don't get there in time, but if they learn about the person and they have information about the person escape can happen anytime. escape can happen later. doesn't have to happen right at the same time the crime is committed. there's no law that says that. there's no time limit imposed. police would never be able to arrest anybody, and a citizen is in the same shoes as an officer when it comes to citizen's arrest. so travis leaving his house decides he is going to follow. that's what he does. he pulls out after his dad crammed into the front seat with the kid's seat there, and he follows, and he watches, and he pulls up next to this gentleman. no gun is raised. no violence is ensued. he doesn't get out of the car. he doesn't tackle him. he doesn't do anything. he does what a reasonably prudent person would do, he does what his training has taught him to use leaps. he says hey, man, what's going on? can you stop for a second? please, i just want to talk to you for a second. there is no violence. if travis wanted violence against this man, if travis wanted to hurt him or commit an aggravated assault or commit a false imprisonment, he could have done it right then and there. he doesn't. he talks to him. he looks him in the eyes, doesn't say a word, doesn't have to, but that's information for travis. is it so offensive to pull up next to somebody and say hey, man, can you stop for a second? i want to talk to you. hold on for a second. is that so offensive? so he stops. he starts to go back one way. travis backs up alongside of him three feet away, not pulling in front of him, not pulling behind him. just tries to talk to him. mr. arbery takes off running down the street. travis watches him. there he goes. doesn't take a gun out and shoot him in the back, doesn't take a gun out and commit an aggravated assault, doesn't take a gun and try to kill him. doesn't try to hit him with his truck. he watches him watching. so he pulls up next to him and he stops again, he says, hey, hey, hold on a second. we just want to talk to you for a minute. if something was going on back there, we want to know what's going on. he's not saying to the guy i don't know what's been going on in this neighborhood. to do that would do what? it would escalate the situation. so he just says we want to know what's going on back there. why is that guy pointing at you. why is he doing that? he stops, he looks him dead in the eyes, doesn't say a word and travis just says we want you to stay right here. we're calling the cops. calling the cops. called the cops. and mr. arbery bolts. now on the subject of police, travis told you got in the car with my dad. i said, dad, are the cops coming? yeah, yeah, yeah, go this way. very clear he says he asked his father about the cops being called. they call the cops all the time. this is not like it's a new thing for the mcmichaels to call the police? here when they say call the cops, now he bolts, and it's on that bolting that travis thinking this guy knows he's caught. he knows he's caught because he's bolting. he's looked at me. he won't talk to me. that's odd. i'm not talking to him in too aggressive of a way, and he bolts. and travis stays right where he is. and he watches. he watches what happens between this truck. he has no clue who this black truck is. in terms of evidence, there is no evidence of any communication between these people, any cooperation, no help, no assistant, no encouraging, nothing. so he sees this truck, it's one of a couple of things. it's either the guy from up at 220 or it's his buddy maybe trying to give him a lift or now that i'm watching him, he's being very aggressive against this truck. he's watching it from 200 feet away, but he's thinking, this guy is being reallyaggressive. there's something off with this guy. his dad says, travis, go. dad gets out of the car, claims in the back of the truck with his rebuilt hip and his medical issues, travis watched him get in. looks down the street, sees this. takes his gun off the floorboard, puts it up on the bench seat. his dad says, go, go, get down the street. travis says, no, i'm not going back that way. something's off with this guy. i'm not going into that. well, if he wanted to go commit an aggravated assault, if he wanted to go do a false imprisonment, if he wanted to end the life of somebody whether it's murder or felony murder, there's another chance, but he doesn't. he just watches, and then he says i'm going to drive around. the judge is going to charge you on hijacking a motor vehicle. a person commits the crime of hijacking a motor vehicle of the second degree when a person on tans the motor vehicle from a person without his or her consent. travis is watching the gentleman trying to get in the car in an aggressive way and he thinks that does not look good. whether he thinks to himself that's a hijacking or not, it doesn't look good. it looks dangerous. travis also told you that when he came face-to-face with mr. arbery, even though he didn't speak he looked very angry. he looked very upset clinching his teeth but not saying a word. these are the notes i took about it right in front of you guys. just wrote it down as he was talking. stop, please stop, mad, clinched teeth. was very unexpected. what's going on? i want to talk to you. what's going on? police are on the way. his dad says go back, i am not going back there. i'll go from buford around the homes, and that's what he does, he drives around. now, his dad is back in the truck. his dad is old and infirm. he's sitting on this bench in the back of the truck. drives all the way around thinking i'm not going to go back into this mess down here. i'll drive around, and when he drives around you've now learned about this dog leg, that black line essentially is the dog leg. you can't see past it. travis tells you the first thing he sees is mr. arbery doing a u-turn right there at the crest of that turn. what does he do? he watches. does he drive at him? no, does he try to tackle him? no? does he point a shotgun at him? no. does he yell at him. no he's trying to assess the situation in a reasonable,