to you brunswick, georgia, jury c deliberations could begin as soon as today. we're also following a tragic story out of waukesha, wisconsin, at least five people confirmed dead, more than 40 injured this morning after what you saw right there, an suv plowed through a crowded christmas parade. >> probably around 4:30/5:00, you hear a bunch of people start to scream and your first thought is maybe it's santa claus, right? santa comes at the end of the parade, maybe people are excited, but the next thing you see is a red suv barrelling down the middle of the street going 30 miles per hour and you see it hit people, it doesn't stop and it keeps going down that street. >> that red suv has been recovered. police also have a person in custody this morning. it's unclear at this hour whether that person is the driver, sources tell cnn, investigators believe the driver was trying to get away from the scene of another incident, when he drove into the parade route. the chaotic scene leaving witnesses horrified. >> must have been going at least 40 to 50 miles an hour, just came through and, uhm, i saw maybe three people right in front of me get hit. i saw people right away run, the people that were hit and start doing cpr and i saw people on the ground. there's blood and it was really bad. >> at one point a police officer fired his weapon in an attempt to stop the driver. officials do not believe, however, any shots were fired from the vehicle itself. cnn's natasha chen joins us now from the scene in waukesha, wisconsin. police describing having a person in custody this morning. do we know any more information whether this person is a suspect in >> reporter: yes, jim and erica, they used the term "person of interest" last night in a couple of press conferences. they wouldn't say much more about that person. there were some reporters next to me who were asking did they say anything to you when they were taken into custody? very tight-lipped and actually would not take questions in the last press update. but where we are right now is by main street. this was the parade route and there are items belongings from people that were abandoned in a hurry, strewn across the street, police markings on the ground there. so this is still very much closed off. this is the downtown corridor. the suv hit three blocks east of where we are, hitting a marching band, some of the horrifying descriptions that the witnesses talked about. here's one witness who talked to "good morning america" today about the shocking moments when that red suv came plow the through the crowd. >> i count didn't get any leap. i replayed what i witness and what could have potentially happened to myself and children. >> i heard screams and chaos coming from my right and caught my attention. i looked over and i saw an suv coming towards us relatively quickly and knew it wasn't part of the parade and something was wrong. >> reporter: something very wrong. five people at least have been killed more than 40 injured which include children of a catholic school, chirp in this area. the investigators believe the suspect was fleeing another incident. police do have a person of interest in custody. the local schools are closed today and president biden is receiving regular updates on this situation. want to mention one of the witnesses who talked to me last night said how in the terrifying moments, people, law enforcement, first responders jumped into action immediately. she was in an apartment building and people pulled folks into the building to get them off the streets, away from the threats, so a lot of people who did some very important heroic actions, jim, erica. >> natasha, appreciate it, thank you. we are hearing the frantic police calls that followed that deadly incident in waukesha. listen to one of them. >> ford escape is at highwell into the parade route. joining us now, juliet kayem, former assistant secretary of athe department of homeland security and charles ramsey, former police commissioner in philadelphia and washington, d.c. good to have both of you with us this morning. when we look at what we know this morning, we've learned a fair amount overnight. those videos, the calls that came in, commissioner, as you see that video, how fast the car is going, and even sort of the trajectory, i feel we heard early on, this is what also before it had been confirmed gave a number of analysts and law enforcement specialists the thought that perhaps this was not premeditated f premeditate right word. >> i'm sure they learned an awful lot overnight. he's in custody. hopefully he is cooperating and at least talking to authorities, but even if he wasn't, by now they'd be able to piece together a few things. for example, now they're saying perhaps this is part of another incident, maybe it was a description of a vehicle, a driver, able to start matching things. they've been going through video footage and the like. but a lot of work still need to be done to determine exactly how this happened. it may well have not been intentional. he did pass a lot of people he could have struck, if the intent was to cause that cairn original, he could have done it a lot earlier than the actual crash site. >> julia, you worked at the department of homeland security. i don't want to give the impression you or anyone can protect against every threat every time but we know in the past vehicles have been used intentionally and again the circumstances here don't seem to look that way at least right now. as you look at the setup, were there any missed opportunities to provide better security for the parade route or is this just a difficult one to handle? >> it's a difficult one to handle. the more security you put on events like this, the local event, a small town or relatively small town, the more disruptive it becomes, the less likely people are going to want to attend, so you're sort of constantly balancing the inconvenience of safety and security with the benefits of being together, but motivation does matter, jim, as you were saying, because what you have to remember is that the motivation has been or terrorism or race related as some people were suggesting early on, that would have had a national impact on the holiday season. how cities were planning whether they'd have events, whether family members want to go to event. i'm not saying it's relief it's a flee situation but why we have to be cautious. these have ripple effects down the pike and the truth is, people do want to go out this holiday season now that we can. >> to that point, commissioner, when we look at how things have changed based on vehicles being used in the past, as a weapon, for people who are looking at event that may be coming up for the holiday, whether it's a local thanksgiving day parade, christmas parade coming up. do you sense that the questions they're going to be asking, am i safe, how easy is that question going to be to answer for local officials? >> well, i mean, there are going to be parades around the country, thanksgiving, santa claus coming to town, all those things going on. many cities now use trash trucks or dump trucks, police vehicles to block main arteries where the parade is going to be taking place so you don't have a problem with a vehicle going down that street. everybody is going to look at security. you can't protect against everything but there are some steps you can take as a precaution i believe will help make people feel a little more comfortable. >> we should reassure police and cities around the country take precautions before events like this one. this one a horrible tragedy. juliette and charles, thank you to both of pu >> thank you. >> thank you. more breaking news, a source tells cnn president biden will renominate jarome powell as airman of the federal reserve, big decision in the midst of high inflation times. >> arlette saenz joins us with christine romans. arlette, what more do we know about the thinking behind this decision and when we will hear more? >> reporter: president biden decided to nominate or to reappoint jerome powell as the chair of the federal reserve. we just received a statement from the white house and the president about that a short while ago. this move really signals that he wants to have continuity when it comes to the economic policy of the u.s. now in addition to reappointing jerome powell, who was first appointed to the board of governors of the federal reserve under president obama, and then elevated to the post of chair under president trump, biden is also elevating brainard to the post of vice chair, currently sits on the federal reserve board and considered one of the top contenders for the fed chair position in addition to powell. i want to read you a statement released just a short while ago from president biden. he said "if we want to continue to build on the economic success of this year, we need stability and independence at the federal reserve. i have full confidence after their trial by fire over the last 20 months that chair powell and dr. brainard will provide the strong leadership our country needs." now, there had been some progressives in the democratic party who did not want to see the president reappoint powell to another term. they were looking for someone who might enact more tough strict banking regulations but ultimately the president has decided to go that route. of course, right now, the federal reserve has a lot on their plate particularly when it comes to that rising inflation we've seen across the country, one looming decision they will have, whether to raise interest rates in the coming months. today the president is cementing one of his most important economic policy decisions by renominating powell as the chair to the federal reserve. >> chief business correspondent christine romans joining me as well. christine, oftentimes the president's ability to control inflation can be exaggerated but a fed chair's ability is real, because this gets as arlette was saying to interest rate policy here. do you see implications in this decision for the administration's approach to inflation and what we might see down the pipeline? >> absolutely. the fed is the official inflation fighter and the president gets grief for high gas prices or rising prices for the things we're paying out of covid. the fed fights inflation by tapering back stimulus and raising interest rates to tramp down an overheating economy. jerome powell is probably the most important powerful person most americans probably never heard of. this to me signals that the white house is going to stay the course, they're not going to change sources mid stream, to use that terrible cliche and let this fed chief continue on his covid fight. he gets high marks for working quickly with a remarkable stimulus to keep the american economy from slipping into a depression from the covid recession here. so i think that this is a predictable move for wall street and it allows the president to give the fed maybe a little bit of clear way from, remember the fed kept saying inflation was transitory. doesn't feel transitory but the president is keeping with jerome powell here. >> and the markets don't like surprises. >> no, they don't. >> thanks so much to both of you. other big story we're following this morning, right now, closing arguments will begin at any moment in the murder trial of the three white men charged in the killing of ahmaud arbery. >> cnn national correspondent ryan young is following the developments for us, outside the courthouse in brunswick, georgia. closing arguments begin today. do we know any more about length, what we will hear in those arguments? >> reporter: good morning, guys. one of the things i figured out this week is you never can get too far ahead of these attorneys here especially on the defense side. right now they're going back and forth about the charging documents as court sort of just started. they haven't brought the jury in because they're going to decide officially about the charges, apparently there were a lot of emails traded back and forth between the law teams this weekend to get us to this point. at one point, someone estimated maybe six hours in terms of all the back and forth that would be included in these closing arguments. let answer not forget last week the big headline was travis mcmichael was on the stand and both sides took a crack at explaining their story, and the prosecution probably scored some points with asking him some really pointed questions, when it came to what they were thinking that day. they got him to admit they never said this was a citizens arest but moving from that point right now, in that procedural standpoint, where it comes down to getting things sort of laid out so they can bring the jury in. let's also not forget the inflammatory statements that were made just last week by defense attorney kevin goff, when he said he felt like the clients were being publicly lynched. a lot of people really sort of were aghast about that, because obviously in a community like this, where you have so much racial tension at this point, for him to bring up those words during the ending outside of the jury, but still in the same point to bring those words up, the judge wasn't happy about it. we'll see how this moves forward. they're discussing the last bit of charges before moving forward for closing statements this morning. guys? >> ryan young, we know you'll be discussing. joining us is a criminal defense and constitutional law attorney and chris stewart who represented ahmaud arbery's mother, families of george floyd, walter scott and oliver sterling. page pate, what do the prosecution and defense have to accomplish in closing arguments? >> the prosecution will go back to the critical piece of evidence i think in the case, that's the video. they will certainly walk the jury through each and every frame of that video, remind them of the testimony, of the law enforcement officers who responded after ahmaud arbery was killed and also go back to the absence of any information to support the argument that ahmaud arbery was committing some sort of crime. so i think the prosecution will kind of get away from the opinion type testimony, the medical type testimony and just focus on the videos. for the defense, of course, they have a very different challenge. i think they will try to use a lot of what travis mcmichael said about his perceptions about what he was thinking, some evidence of some criminal activity in the neighborhood and try to walk the jury through what he saw on the scene. so it really is one of those cases that's going to come down to how the individual jurors see that video and whether or not they believe travis mcmichael. >> ultimately we know it's supposed to be about the evidence for jurors so chris, when you look at this coming off of what we heard from page there, in terms of the evidence, in terms of the cross-examination from the prosecutor of travis mcmichael, how much will that you think not only be a focus in closing arguments but frankly be a focus for the jury? >> it was a phenomenal cross-examination. i think the prosecution, they've really laid this out. they had a game plan. they wanted to go step by step and they were successful. they got him to admit that ahmad hadn't threatened him. he didn't want to speak to them, he pointed the shotgun at ahmad in a close range and stepped towards him. at that point, ahmad's life was in danger. he couldn't run away. he admitted that there was no such thing as the citizens arrest until his lawyers brought it up. it left the jury and all of us thinking, why would you shoot him? that's effective. >> chris, can i ask you as a brief follow, more broadly there's been some discussion how the prosecution seemed to avoid race as a central issue, influencing factor in this case. i wonder, in your view given your experience, was that deliberate and was that a good idea? >> in this situation they have the facts on their side so they didn't need to go to race or things of that nature. they have phenomenal facts in the prosecution of this case and they knew what their witnesses were going to say, the officers backed up everything the prosecution was going to bring. so they stepped to the facts and that's why they're going to win this case. >> page, when we look at the facts, how difficult has this been on the defense? the burden son the prosecution. that being said did you see a strength at all in any of the cases? >> i think travis mcmichael's testimony went in mostly unchallenged. we heard the prosecutor cross-examine him but not a focused examination. she let him repeat his narrative about what he thought. she didn't drill down to his lack of training. he came ac ross as a law enforszment officer. i'm concerned the jury may buy into that. we heard testimony from people in that neighborhood trying to corroborate mcmichael's testimony there was a lot of crime going on. leaving out the evidence of racial prejudice i think that was a mistake from the prosecution side. maybe they thought this is an almost all white jury t could backfire on us but i don't think that's correct. they should have taken the evidence and let the jury consider it. that's evidence of motive. right now the prosecution has mistakes. >> interesting to hear both arguments. stay with us. we'll continue to watch that courtroom and bring you the closing arguments when they begin. still to come here a manhunt under way for a man whose gun discharged in an extremely busy airport security line. we'll take you live to atlanta next. >> scenes like this playing out in stores across the country, what's being done to stop these brazen robberies? plus, countries in europe are choosing to go into lockdown now over new surges in coronavirus infections. what does that mean for the u.s.? as we head into winter. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. it's the black friday sale. get 30 to 50% off everything. ♪ ♪ this is how we shine... at zales. the diamond store. with age comes more... get more with neutrogena® retinol pro plus. a powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin. ♪ ♪it's a most unusual day♪ ♪feel like throwing my worries away♪ ♪as an old native-born californian would say♪ ♪it's a most unusual day♪ ♪it's a most unusual sky♪ ♪not a sign of a cloud passing by♪ ♪if my heart won't behave in the usual way♪ experience the power of sanctuary at the lincoln wish list event. ready for subway's eat fresh refresh™? that's the new and improved italian b.m.t.®, with new artisan italian bread, new black forest ham, and new mv- you gotta refresh to be fresh! hold up, false start on the spokesperson. save big. order through the app. ♪ ♪i want to break free♪ (vo) ready to break free? let's get away to a place where we can finally be free. ♪i've got to break free♪ (vo) plan your getaway with norwegian. sail safe, feel free. football, is a game of inches. but it's also a game, of information. because the nfl is connected. and at any moment, the fate of the season can come down to this. billions of secure connections, per second. when the game is on the line and the game is always on the line touchdown! the nfl relies on cisco. authorities are still searching for the man who caused mass panic as well as delayed flights in atlanta's international airport. here's the scene. this after a gun inside his bag loaded apparently discharged during a security screening saturday afternoon. >> officials believe the gun belongs to 42-year-old kenny wells who fled the scene after it went off. nadia is in atlanta. what more do we know this morning? >> reporter: good morning, erica and jim. it is a busy morning here at hartsfield-jackson airport, we're right ahead of the thanksgiving holiday, and so imagine how buzz ye it was on saturday, on the weekend as people were trying to make their way to loved ones and heard a gunshot. police say 42-year-old kenny wells was a passenger who lunged for his gun after going through the tsa checkpoint and having it flagged during the extra machine. he lunged for the gun, discharging it, sent people into hysteria, chaos and confusion ensued and listen to people who were inside of the airport, they were believing they were running for their lives during an active shooter situation. take a listen. >> we heard somebody say "active shooter, get out." that's when everyone start running away really hard. >> people just came flying through and just were like "run, run, run" and people were just running, and we all just ran outside the door right here. >> everyone was dropping their suitcases, folks were running in any possible direction away from what we thought was the center of action. people were sliding under rails and jumping over barricades. >> reporter: that happened for quite some time before we heard from atlanta airport telling us that they believe this was an accidental discharge and not an active shooter situation. in that confusion, kenny wells was able to run away with the gun. he blended in with the crowd of everyone else running away and that's why police are still looking for him today. they say that they have warrants out for his arrest because he's a convicted felon. he shouldn't have had a firearm at all let alone bring it into a commercial airport, discharging that firearm and reckless conduct. this brought a spotlight on the atlanta airport and security measures. so many people are flying now once again during this pandemic after taking a pause for many people in 2020, especially now right before a holiday. we spoke with atlanta airport security spokesperson asking him about the security measures. he says listen, every quarter we step it up. back in january they brought in another 335 cameras, those cameras now making it 3,500 all across the airport grounds monitored 24/7 by tsa and airport emergency operations, but again, that manhunt continues for 4 2-year-old kenn wells. >> nadia romero, thank you. with the holiday season approaching smash-and-grab robberies. in san francisco bay three people arrested after dozens of looters ransacked a nordstrom store saturday night. >> outside of chicago last week, 14 people forced their way into a louis vuitton store, made off with more than $100,000 worth of merchandise. you see the security camera footage there. cnn's polo sandoval has been following. polo, big question is what you can do about this. easy to overwhelm whatever security guard you might have there. how broadly are we seeing this phenomenon? >> authorities will saturate some areas to make sure they have that visibility. no question bwhen you look at te pictures of this a huge smash-and-grab operation that took place in san francisco over the weekend saturday. police saying at least 80 suspects ransacked the nordstrom department store in walnut creek, california. authorities managed to catch up with one vehicle, detained about three people, speaking to them right now to see if they can track down the rest of the suspects and this incident really just following what has been just a series of other similar lootings that took place in and around the san francisco area, mainly union square and surrounding areas in san francisco, some of the businesses that were hit there include dozens of them, including high-end retailers, there was a pharmacy that was hit, also a cannabis dispensary and eye glass store that was hit according to authorities. it is unclear if they were related. san francisco is struggling with the surge in various crimes, larceny for example and theft incidents are up about 88% from last year. overall crime in san francisco about 52% up according to police statistics, really san francisco is not the only city right now that has been struggling with these kinds of grab-and-go incidents here. i want to show you video we could bring that up that took place in illinois, where about 14 people as you mentioned a little while ago, middle of the day going into this louis vuitton store wednesday afternoon making off with about $120,000 worth in merchandise here, when you hear from authorities describing this as brazen, planned and coordinated effort meant to overwhelm employees and authorities and authorities for their part responding in their way coordinating and also setting up around there trying to limit some vehicle access to make sure that it's a safe holiday shopping experience for folks. >> you notice people covering their faces, too, so they can't presumably be identified. polo sandoval, thanks for covering. >> thanks, guys. next, a surge in new infections in the u.s., this of course before the holiday season approaches. we'll tell you where the surge is happening, what folks recommend we do about it, that's coming up. plus, just moments away from the opening bell on wall street. actually just at the opening bell, 9:31. futures slightly higher this morning. investors weighing president biden's decision to renominate chairman of the federal reserve jerome powell. a slightly shortened week due to the thanksgiving holiday, a track record of strong market showings and we'll continue to monitor it all for you. [suitcase closing] [gusts of wind] [ding] sales are down from last quarter, but we're hoping things will pick up by q3. yeah... uhhh... doug? [children laughing] sorry about that. umm...what...it's uhh... you alright? [ding] never settle with power e*trade. it has powerful, easy-to-use tools to help you find opportunities, 24/7 support when you need answers, plus some of the lowest options in futures contract prices around. get e*trade and start trading today. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ no, he's not in his room. ♪ ♪ dad, why didn't you answer your phone? ♪ your mother loved this park. ♪ she did. ♪ look, if your wireless carrier was a guy, you'd leave him tomorrow. not very flexible. not great at saving. you deserve better—xfinity mobile. now, they have unlimited for just $30 a month. $30. and they're number 1 in customer satisfaction. his number? delete it. i'm deleting it. so break free from the big three. xfinity internet customers take the savings challenge at xfinitymobile.com/mysavings. or visit an xfinity store to learn how our switch squad makes it easy to switch and save hundreds. as we begin this holiday week, covid cases in the u.s. we're seeing a tick up of the seven-day average of new cases approaching 100,000. dr. fauci says listen, if you're gathering with fully vaccinated family members it's okay to ditch that mask this year. welcome news for many. >> the data seems to show as we've seen consistently for some time the new cases concentrated among the unvaccinated and vaccinated people with preexisting conditions. elizabeth cohen joins us now more. walk us through that, people often see headlines, wait a second how broad is this. what does the data tell us? >> we have to think of the outbreak in the united states, it's sort of a bunch of mini outbreaks because the united states is still huge. the problem here, jim, is that we're seeing more and more states with cases going up instead of down. about a month ago october 21st, take a look at this map. you will see one state, one state, maine, up in the corner where the cases are going up. every other state the cases were steady or numbers going down. fast forward to the current numbers, currently we have 28 states where the numbers are going up, 28 states so this is going in the wrong direction. nationally we have about 92,000 cases per day and 1,100 deaths per day. so while it feels like i know we all want this to be over, when you have 1,100 americans dying every day, obviously this pandemic is still causing terrible, terrible trouble. erica, jim? >> to jim's point, what we're seeing, too, in terms of people getting sick, those getting sick enough to be in the hospital, those are the unvaccinated or some vaccinated people have an underlying condition. is that correct? >> that is largely what we're seeing. this is still largely not completely but largely a pandemic of the unvaccinated, but as dr. fauci said, you haven't been vaccinated, tens of millions of americans haven't, get vaccinated. if you were vaccinated but it was more than six months ago, get boosted. now everyone adults 18 and over can get a booster. if you got your vaccines more than six months ago, get a booster. >> appreciate it, elizabeth cohen, thank you. right now, a lot of focus on europe, where cases are surging particularly in austria, a spike there sparking a strict 20-day lockdown. so now what that means is residents whether vaccinated or not, they can only go out for essential reasons. >> cnn reporter selma abdulaziz is in vienna, austria with more. we talk in the u.s. this is a pandemic of the unvaccinated. is it similar in austria with what we're seeing? stand by. apologies, we have the court live pictures for the trial of aplad arbery. let's listen in. >> today why we are here is to go ahead and present you with the state's closing argument. the state neegets to go first a last because the state has the burden of proof to prove this to you beyond a reasonable doubt, but not just the charges in the indictment, but remember from voir dire, you were asked, can you give me full consideration to the defenses presented by the defense if they put any up, and what we've heard is what? self-defense and citizens arest. which the state has to disprove beyond a reasonable doubt to you as well. ladies and gentlemen, what the state is going to do right now is go through kind of going to give you a snapshot that kind of like here it is in a nutshell sort of thing and then take you kind of through systematically piece by piece what the law is as it regards to charges in the indictment, self-defense, and citizens arrest. the one thing i want to tell you before we got started is this. you will have a copy of the indictment with you in the back. you don't have to write down the charges and the judge will give you a copy of the law so you'll have a copy. you don't have to write it down. you'll have a copy back there with you. let's get started. this case is really about assumptions and driveway decisions. you heard the defense talk about probable cause. you're going to have to distinguish between assumptions based on goss up and rumor, and all of this neighborhood talk on facebook, and actual probable cause to believe a crime had been committed and someone had committed that crime. the state's position is, all three of these defendants make assumptions. made assumptions about what was going on that day and they made their decision to attack ahmaud arbery in their driveways, because he was a black man running down the street. so here's what we've got. bottom line, they assumed they must have committed some kroo imthat day, because he's running fast down the street, right? they did not call 911, they wanted to stop it, and question him before they called 911. how do we know? that's what they told the police that night. that's what they said on the scene. hey, stop, we want to talk to you you can't do that. they made these decisions in their driveways. so what's really going on here? you know what's really going on here. mr. arbery was under attack. they committed four felonies against him, the four felonies in the indictment, then they shot and killed him, not because he was a threat to them, but because he wouldn't stop and talk to them. they were going to make him absolutely make him stop. point a shotgun at you, that will make you stop right here in your tracks because we want to talk to you. and what did he do? he still ran away. still ran away for five minutes ran away. travis mcmichael went to intercept him with that shotgun and turned that corner. we can't see whether mr. arbery attacked him or grabbed the shotgun, doesn't matter. how fast did he shoot him? how fast did he just pull that trigger. they shot and killed ahmaud arbery. they all acted as a party to the crime. you'll note they've been indicted that way and i'm going to talk about what party to a crime that you understand that concept. but the bottom line is, but for their actions, but for their decisions, but for their choices, ahmaud arbery would be alive. that's why they're indicted with murder, and four felonies that led to the murder. what is the defense? we talked about that, what is the defense? self-defense. what is that? they're going to try and convince you that ahmaud arbery was at tacker, that he was somehow threatening to them, three on one, two pickup trucks, two guns. mr. arbery, nothing in his pockets, not a cell phone, not a gun, not even an i.d. they want you to believe that he is the danger to them and said it in the opening statement, he was scary. so here's the thing. they're going to try to claim they were justified in their actions. because here's the thing, ladies and gentlemen, you cannot claim self-defense under certain circumstances. you can't. you don't get to say compacting self-defense and three of them and it's the law. this isn't just something made up. there's three of them in the law. if you are the initial unjustified aggressor, you don't get to claim self-defense. if you're committing a felony against somebody you don't get to claim self-defense and the third one is if you provoke somebody, so that they defense themselves against you and you go look,' tacked me first. but you really were the one who was provoking at tack on yourself. you don't get to claim self-defense and that's the law. so here's the problem. they're going to try to claim they were justified in starting this in their driveways. they'll try to claim justified in committing the felonies against mr. arbery, how? because they're going to try and convince you this was a citizens arrest. here is what a citizens arrest is. this is the statute. a private person may arrest an offender if the offense is committed in his presence, right here, right now, i'm seeing you do it. okay? right here, right now, i'm watching you commit the crime. i'm witnessing it. you're doing it in my presence. so what's the problem for the defendants? well, we all know mr. bryan is on his porch, fixing it, where is travis mcmichael? on the sofa inside the house. where is greg mcmichael? this all started when i saw him running down the street. now, it also says within his immediate knowledge. the judge is going to charge you that's synonymous, means the things thing. in my immediate knowledge, what does that mean? think about the eye in the sky, you know, attal mart. you're in walmart, and you see those things in the ceiling, you know there's a guy in a booth, watching a bunch of video cameras, right? so he's not seeing things next to the person shoplifting when she shoplifts. he's watching it on the cam camera, that's immediate knowledge. he's not right there, next to the person shoplifting but watching it so he has immediate knowledge, eye in the sky. that's just an example of how to think of immediate knowledge. immediate knowledge and inner presence is the exact same thing. in order to make an arrest, of an offender the offense has to be committed in the private citizen's presence. do we have that here? no. in addition, you will be charged, this is the second line if the offense is a felony, so once again the offense has to be a felony, the judge is going to charge you criminal trespass and loitering are misdemeanors. okay? i'm going to pause and ask to you read the criminal trespass thing, in order to be a criminal trespasser, you have to enter on the property with the intent to go do an unlawful act or somebody has to told you, you can't come back here like larry english or his representative. mr. arbery was never told don't come back here. this is private property. he was never told sew doesn't fall under criminal trespass. i don't know want to you make a mistake thinking that we're endorsing or not acknowledging what mr. arbery was doing. let's get real. what was mr. arbery doing? he's going on to somebody else's private property. yeah. what was he doing? we can see it. wandering around for a few minutes each time. right? and then what would he do? he'd leave. on video, never took anything, never damaged anything. ladies and gentlemen, you decide, is this this giant burglar to happened to never show up with a bag or any means to steal anything, all right, or is he a looky-lou, going in there at night, he shouldn't be doing that. we all know this, okay? but it's a misdemeanor. on that date, none of the defendants knew he had been inside in broad daylight that location, and what he did on the 23rd of february. he did the same thing he always did -- wandered around, wandered around, and then left and ran off down the street. but they didn't know that. they had no immediate knowledge of that. it wasn't in their presence. travis mcmichael was on the couch. greg mcmichael, you saw, he can't even see down the road. there's that trailer there. remember the drone video? this was not a citizens arrest. not present where any crime was committed. the suggestion that ahmaud committed a crime is based on what? not immediate knowledge. speculation. specu speculation. how do we know? because of the defendants' own words to the police. wanting to question ahmaud demonstrates uncertainty. hey, where are you coming from? they don't know where he's coming from. what are you doing? they don't know what he's doing. remember mr. bryan, what did you steal? they don't know what he's done. they don't know why he's out there running. they don't have immediate knowledge. they have no knowledge. they have speculation because he's running down the street. wanting to question ahmaud demonstrates a lack of immediate knowledge, which is required, required under the citizens arrest law. because it is required, that means this was not a lawful citizens arrest. remember what greg mcmichael said? did this guy break into this house today? i don't know. but, hey, law enforcement officers, i'm sure he must have committed some crime today, so why don't you go out and figure out what crime it was that he must have committed today? why do they think he's committed something? he's running down the street. pure speculation. after he's lying there dead, greg mcmichael is telling the police, hey, why don't you investigate? because i'm sure he committed some crime today. that's not a citizens arrest. not legitimate at all. >> i hate to interrupt your closing argument, but the state is misstating the citizens arrest law repeatedly in this section of its argument, and i'd like the court to instruct the jury that the law will come from the court. this is not an accurate statement of it. >> the court is going to charge the jury on the law, and as indicated, you'll have a copy of that charge with you to review during your deliberations. >> thank you. the judge is going to charge you these exact words. what are you going to hear? the state suspects what you're going to hear from the defense is this -- that travis mcmichael had probable cause to believe that ahmaud stole the stuff off the english's boat in 2019 and was escaping that felony on february 23rd, 2020, not really sure how you escape on february 23rd, 2020, from a crime you supposedly committed on some unknown date in 2019 that travis mcmichael's mom told him about. but basically, we have this where he came in, took the stand, and said, yeah, that's what was going on. so i was going to go ahead and arrest if him for this. here's the problem. this was completely made up because no one anywhere at any time ever mentioned larry english's boat. never. on february 23rd, 2020. travis mcmichael had two hours and 45 minutes to talk to the police. he was given an hour to write a three-page statement, an hour to write it down. never, ever, ever once said anything about this. what can you go ahead and assume? a year and nine months later? completely made up for trial. all right. simply put, ladies and gentlemen, if you determine that this was not a citizens arrest, this was not legitimate, no probable cause, you can't do this based on the law, then guess what? they're not justified in killing him. they're not justified in any of the felonies they committed against him. not a citizens arrest. therefore you're not justified. you're the initial agrsgressor. you're committing felonies. that gets us to the charges in the indictment. that's what we're looking at here. based on that, at this point, you may find them guilty of all the charges in the indictment. all right, ladies and gentlemen. that was the snapshot view of what i think you're probably going to hear from the defense and what the state's position is on that. now, we're going to do some deep diving. we're going to talk about the jurors' duty, some legal concepts you need to be aware that the judge is going to charge you. we're going to go over the charges in the indictment. we're going to talk about party to the crime and get into a self-defense and citizens arrest. i know it's going to take a minute. bear with me. but this burden is on the state so we have to go through all of these things. lrptd? so, here we go. jurors' duty. first off, this is your search for the truth. okay? this isn't about the state. this is your search for the truth. you are glynn county. you decide whether they're guilty or not guilty. not the defense attorneys, not the state. you. your search for the truth. you determine what really happened based on the evidence presented. okay? and, ladies and gentlemen, i'm going to go ahead and tell you right now, what's the everyday prnlted? go ahead and look at state's exhibit 190, which was the actual video. 191 is the cap speed video. you can look at state's exhibit 194, the night owl video. you can go ahead and take a look at 129. that's that close-up, compressed sort of enhanced for coloration video that was produced that shows the close-up of travis mcmichael. you can look at stiate's exhibi 117, officer rash's video. you can look at 124, the video from december 17th, 2019. and of course you can always ask to see state's exhibit 315, the frame-by-frame, if you want to see it. how that works is you send a note to judge walmsley and say we'd like to review that evidence. when you come into the courtroom, nobody gets to talk. at that point in time, you're in control of what you get to watch here in the courtroom. so i want you to be aware of that in case you want to review any of this evidence. all right. you are the finder of fact, not the state, not the defense. you are the finder of fact. you determine witness credibility. all right? you're the one who decides whether you believe these witnesses or don't believe these witnesses or how much weight you gave witness' testimony. you're going to apply the law the judge gives you to those facts as you find them to be. and there's what you're going to do. so off duty to follow the law. you're bound by the instructions and the law the judge gave you. in other words, this isn't about being an advocate for one side or the other. this is about what are the facts and here's the law and we apply the law to the facts. you have a duty to deliberate. okay. the reason i put this slide up is because one time we had a woman who went and hid in the bathroom for like an hour and a half, like hid in the bathroom. the jurors didn't know what to do. they were sitting there for an hour and a half with no idea what to do. anything like that happens, just send the judge a note, okay? anything weird happens, send the judge a note. because you have this duty to deliberate, to talk about the case. now, sometimes it's help to feel think about what's inside the circle and what's outside the circle because there are some things outside the circle that you're not -- or shouldn't really talk about. what are those? mostly concerns penalty and punishment. ladies and gentlemen, you'll be given a verdict form. on that form you'll write not guilty or guilty. that's all you're going to do. okay? so it's not about passion or prejudice or you disagree with the law, you don't like the law, conjecture. it's about the evidence. so what do you consider? well, you consider the elements of the crimes. judge walmsley will give you that. the law. the expert testimony. okay? fingerprints. fibers. the medical examiner. the photos and documents. look at the crime scene photos. take a look at those photos. they're hard, but take a look at them. the testimony of the witnesses. the credibility of the witnesses. the defendants' actions. their driveway decision and how it led to someone lying dead from two gunshot wounds in the middle of the street. the elements of the offenses. the reasonableness, and above all use your common sense. this is the time when you put on that critical thinking cap, okay? meaning you question everything. it's sometimes really easy to see somebody and we want just to go, i want to believe what they had to say. i don't want to believe automatically they're a liar or anything like that. i want to kind of give them the benefit of the doubt. this is the time, ladies and gentlemen, you put on that critical thinking cap where you go ahead and scrutinize everything the people on the stand said to you. so reasonable doubt, the doubt of a fair-minded and impartial juror honestly seeking the truth. it's not about seeking out doubt. it's about seeking the truth. and it's not beyond all doubt or math mat cal certainty. no, no, no. it's just beyond a reasonable doubt. that's the burden that the state has. all right. so, the evidence. the first thing you'll want to do is determine what really happened based on the evidence, but a lot of the evidence isn't in dispute, right? we know what days where english called the police. we know when we had videos. we know this was on february 23rd. the homicide's on video for the most part, okay. a lot of these things are not necessarily in dispute. what's in dispute is were they making a citizens arrest so that they were justified in committing these felonies against ahmaud arbery and then murdering him. that's what they're arguing about here. the police arrive very quickly. you heard the shots, the defendants all made statements at the scene, immediately after. they'r

Related Keywords

Thing , Blood Disorder , Wish , Jackson , A Wish Funation , Mississippi , Cnn , Coverage , Doing , Bone Marrow Transplant , Roots , Breaking News , Monday Morning , Announcer , Ahmaud Arbery , Arguments , Murder Trial , Killing , Men , Jim Sciutto , Life , Prison , Erica Hill , Three , People , Suv , Story , Jury C Deliberations , Georgia , Waukesha , Brunswick , Wisconsin , Five , 40 , Thought , Bunch , Crowded Christmas Parade , Santa Claus , 4 , 30 5 , 00 , Parade , Street , Stop , Suv Barrelling , Doesn T , Middle , 30 , Police , Scene , Person , Driver , Custody , Incident , Investigators , Red Suv , Sources , Parade Route , Uhm , Scene Leaving , 50 , Ground , Hit , Front , Cpr , Vehicle , U S , Weapon , Police Officer , Blood , Shots , Officials , Attempt , Natasha Chen , One , Reporter , Term , Suspect , Information , Person Of Interest , Yes , Questions , Anything , Press Conferences , Reporters , Couple , Route , The Street , Main Street , Press Update , Hurry , Items , Police Markings , Blocks , Marching Band , Downtown Corridor , Witnesses , Witness , Some , Descriptions , Plow , Good Morning America , Children , Crowd , Chaos , Screams , Attention , Leap , Part , Something , Wasn T , Area , Catholic School , Chirp , Biden Will Renominate Jarome Powell , Situation , Updates , Schools , A Person Of Interest , Action , Streets , Folks , Law Enforcement , Threats , Building , Apartment Building , Responders , Isn T In Dispute , It , Actions , Highwell Into The Parade Route , Ford Escape , Both , Juliet Kayem , Department Of Homeland Security , Athe , Charles Ramsey , Washington D C , Philadelphia , Video , Videos , Commissioner , Calls , Car , Amount , Number , Law Enforcement Specialists , Analysts , Trajectory , F Premeditate , Things , Example , Authorities , Video Footage , Description , Work , Like , Lot , Intent , Cairn , Julia , Crash Site , Way , Vehicles , Circumstances , Threat , Anyone , Impression , Security , Events , Opportunities , Setup , Event , Town , Safety , Benefits , Inconvenience , Race , Motivation , Matter , Saying , Terrorism , Holiday Season , Family Members , Cities , Planning , Impact , Point , Truth , Effects , Relief , Pike , Holiday , Thanksgiving Day Parade , Country , Question , Parades , Place , Problem , Arteries , Dump Trucks , Trash Trucks , Everything , Everybody , Precaution , Juliette , Precautions , Tragedy , Pu , President , Decision , Federal Reserve , Times , Source , Airman , Midst , Thinking , Reappoint Jerome Powell , Arlette Saenz , Christine Romans , Arlette , Statement , Policy , Chair , Move , White House , Addition , Reappointing Jerome Powell , Post , Trump , Brainard , Board Of Governors The Federal Reserve , Obama , Vice Chair , Contenders , Chair Position , Trial , Dr , Chair Powell , Fire , Independence , Success , Leadership , 20 , Someone , Progressives , Democratic Party , Course , Inflation , Banking Regulations , Plate , Decisions , Interest Rates , Renominating Powell , Ability , Interest Rate Policy , Chief Business Correspondent , Christine , Prices , Inflation Fighter , Gas Prices , Approach , Implications , Administration , Pipeline , Grief , Tens Of Millions Americans Haven T , Tapering Back , Overheating Economy , Covid , Chief , Stream , Marks , Fight , Cliche , Wall Street , Stimulus , Economy , Depression , Recession , Markets , Keeping , Bit , Thanks , Surprises , Closing Arguments , Courthouse , Ryan Young , Length , Developments , Court , Jury , Defense Side , Attorneys , Charging Documents , Guys , They Haven T , Citizens Arrest Law , Charges , Wall , Terms , Back , Emails , Forth , Six , Prosecution , Travis Mcmichael , Sides , Points , Stand , Headline , Answer , Crack , Statements , Standpoint , Citizens Arest , Words , Kevin Goff , Community , Tension , Clients , Moves , Ending , Defense , Attorney , Mother , Families , Chris Stewart , George Floyd , Walter Scott , Oliver Sterling , Case , Evidence , Piece , Page Pate , Law Enforcement Officers , Testimony , Argument , Frame , Absence , Crime , Sort , Opinion Type Testimony , Type , Challenge , Neighborhood , Activity , Perceptions , Cases , Jurors , Page , Prosecutor , Focus , Cross Examination , Ahmad Hadn T , Step By , Game Plan , Citizens , Shotgun , Danger , Range , Lawyers , He Couldn T Run Away , All Of Us , Brief Follow , Discussion , Issue , Facts , Side , Experience , Idea , Factor , View , Officers , Nature , Any , Strength , Son , Being , Examination , Narrative , Lack , Law Enforszment Officer , Training , Ac Ross , Prejudice , Prosecution Side , Mistake , Motive , White Jury T , Courtroom , Mistakes , Stay , Oman , Gun , Manhunt , Next , Stores , Scenes , Airport Security Line , Atlanta , Robberies , Europe , Lockdown , Surges , Coronavirus Infections , Don T Take Ozempic , A1c , Type 2 Diabetes , Zone , 2 , Game , Weight , Oh , Cv Risk , Adults , Risk , Heart Disease , 12 , 7 , So Why Don T , Isn T , Type 1 Diabetes , Heart Attack , Type 2 Diabetes Zone , Death , Needles , Stroke , Pens , Reuse , Share , 1 , Help , Side Effects , Vision Problems , Family , Lump , Stop Ozempic , Medullary Thyroid Cancer , Endocrine Neoplasia Syndrome , Stomach Pain , Neck , Swelling , Reaction , Pancreatitis , Provider , Kidney Problems , Blood Sugar Risk , Health Care Provider , Changes , Insulin , Sulfonylurea , Diarrhea , Vomiting , Dehydration , Nausea , Prescription , Black Friday Sale , 3 , 25 , 5 , Store , More , Age , Neutrogena , Retinol , Zales , Skin , Powerful , Wrinkles Results , Pro Plus , Sky , Feel , Sign , Worries , Cloud , Power , Wish List Event , Heart , Sanctuary , Lincoln , Bread , Eat , Italian , Subway , Black Forest Ham , Bmt , Order , Vo , Spokesperson , Hold Up , App , False Start , Save Big , Mv You Gotta Refresh , Football , Getaway , Sail Safe , Norwegian , Line , Season , Fate , Nfl , Billions , Connections , Line Touchdown , International Airport , Flights , Cisco , Mass Panic , Bag , Kenny Wells , Security Screening , 42 , Nadia Romero , Hartsfield Jackson Airport , Weekend , Gunshot , Passenger , Checkpoint , Tsa , Loved Ones , Airport , Shooter , Confusion , Extra Machine , Hysteria , Lives , Everyone , Listen , Run , Direction , Suitcases , Door , Center , Rails , Jumping , Running , Barricades , Discharge , Firearm , Arrest , He Shouldn T , Felon , Him , Pandemic , Security Measures , Conduct , Pause , Spotlight , 2020 , Atlanta Airport Security , 335 , Cameras , Airport Emergency Operations , Airport Grounds , 3500 , 24 7 , San Francisco Bay , Kenn Wells , Merchandise , Dozens , Looters , Saturday Night , Nordstrom , Louis Vuitton , Chicago , 00000 , 14 , 100000 , Security Camera Footage , Following , Security Guard , Phenomenon , Polo , Big Question , Polo Sandoval , Suspects , Operation , Areas , Visibility , Te Pictures , 80 , Department Store , Rest , California , Walnut Creek , Businesses , Lootings , Series , Union Square , Crimes , Surge , Pharmacy , Incidents , Cannabis Dispensary , Retailers , Glass , Theft , Larceny , Police Statistics , City , Kinds , 88 , 52 , Up , Illinois , Coordinating , Employees , Effort , Brazen , 120000 , 20000 , Shopping , Covering , Access , Faces , Happening , Infections , Chairman , Investors , Bell , 31 , 9 , Market Showings , Track Record , Gusts , Suitcase Closing , Sales , Wind , Ding , Uhhh , Doug , Umm What It S Uhh , Tools , Futures Contract , Options , E Trade , Ideas , Dark , Flexibility , World , Didn T , Phone , Room , Dad , Guy , Carrier , Customer Satisfaction , Xfinity Mobile , Park , 0 , Internet , Big Three , Switch Squad , Savings , Xfinitymobile Com Mysavings , Tick Up , Save , Hundreds , Average , Fauci , Seven , Data , Many , News , Conditions , Unvaccinated , Mask , Elizabeth Cohen , Headlines , Outbreak , States , Outbreaks , Down , State , Numbers , Corner , Take A Look , Map , Maine , October 21st , 21 , 92000 , 28 , Deaths , Trouble , 1100 , Condition , Hospital , Sick , Erica , Haven T , Booster , Vaccines , 18 , Essential Reasons , Residents , Spike , Austria , Selma Abdulaziz , This , Vienna , Aplad Arbery , Pictures , Apologies , Stand By , Burden , Closing Argument , Beyond A Reasonable Doubt , Neegets , Last , Proof , Self Defense , Indictment , Defenses , Consideration , Voir Dire , Ladies And Gentlemen , Kind , Snapshot , Arest , Citizens Arrest , Nutshell , Copy , Assumptions , Cause , Driveway Decisions , Defense Talk , Goss Up , Rumor , Neighborhood Talk On Facebook , Defendants , Position , Driveways , Bottom Line , Black Man Running Down The Street , Fast Down The Street , Kroo , 911 , Mr , Felonies , Attack , Four , He Wouldn T , Tracks , Still , Doesn T Matter , Trigger , Party , Concept , Choices , Murder , Tacker , Pickup Trucks , Guns , Cell Phone , Pockets , Nothing , Two , Opening Statement , I D , Aggressor , Felony , Somebody , Offense , Offender , Statute , Presence , Greg Mcmichael , Bryan , Porch , Sofa , Knowledge , Person Shoplifting , Eye In The Sky , Video Cameras , Ceiling , Booth , Walmart , Attal Mart , Cam Camera , Citizen , Trespass , Property , Trespasser , Misdemeanors , Act , Representative , Larry English , Sew Doesn T Fall Under Criminal Trespass , Mistake Thinking , Somebody Else , Looky Lou , Burglar , Misdemeanor , None , Off , Location , Ran , 23rd Of February , 23 , It Wasn T , Couch , Saw , Suggestion , Drone Video , Trailer , Road , Speculation , Specu Speculation , Uncertainty , Down The Street , Guy Break , House , I Don T Know , Pure Speculation , Why Don T You , Section , Charge , Deliberations , Boat , Stuff , English , 2019 , February 23rd 2020 , The Stand , Mom , Anywhere , On February 23rd , 45 , Nine , Agrsgressor , Right , Snapshot View , Diving , Duty , Concepts , Search For The Truth , Bear , Lrptd , Defense Attorneys , Glynn County , Exhibit 190 , Everyday Prnlted , 190 , Video 191 , Close Up , Cap , Night Owl , 129 , 191 , 194 , Exhibi 117 , Officer , Coloration , Stiate , December 17th , December 17th 2019 , 124 , 117 , Note , Works , 17 , 315 , Fact , Finder , Control , Nobody , You Re The One , Witness Credibility , Instructions , Woman , Law , Reason , Other , Advocate , Bathroom , Half , Circle , Form , Shouldn , Punishment , Penalty , Verdict , Elements , Passion , Walmsley , Look , Photos , Expert Testimony , Medical Examiner , Crime Scene Photos , Documents , Fingerprints , Fibers , Driveway Decision , Credibility , Gunshot Wounds , Offenses , Reasonableness , Use , Common Sense , Doubt , Benefit , Liar , Give , Juror , Math Mat Cal Certainty , Homicide , February 23rd , Dispute , They R ,