ways, provided you, the jury, believe that it existed from proven facts before you. it may be inferred from the proven circumstances or by acts and conduct, or it may be in your discretion inferred when it is the natural and necessary consequence of the act. whether or not you draw such an inference is a matter solely within your discretion. criminal intent does not mean an intention to violate the law or to violate a penal statute but means simply the intention to commit the act that is prohibited by the statute. the defendants will not be presumed to have acted with criminal intent, but you may find such an intention upon a consideration of words, conduct, demeanor, motive, and other circumstances connected with the act for which the accused are being prosecuted. now, every party to a crime may be charged with and continue viktded of commission of the crime. a person is a party to a crime only if that person, a, directly commits the crime, b, intentionally helps in the commission of the crime, or, c, intentionally advises, encourages, hires, counsels, or procures another to commit the crime. any party to a crime who did not directly commit the crime may be prosecuted for commission of the crime upon proof that the crime was committed and that the person was a party to it, even though the person alleged to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, is not amenable to justice or has been acquitted. knowledge on the part of a defendant that a crime was being committed and that a defendant knowingly and intentionally participated in or helped in the commission of such crime must be proved by the state beyond a reasonable doubt. if you find from the evidence in this case that a defendant had no knowledge that a crime was being committed or that a defendant did not knowingly and intentionally commit, participate, or help in the commission of the alleged offense, then it would be your duty to acquit that defendant. on the other hand, should you find beyond a reasonable doubt that a defendant had knowledge that a crime was being committed and that a defendant knowingly and intentionally participated or helped in the commission of it, then you would be authorized to convict that defendant. a person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by misapprehension of fact that, if true, would have justified the act or omission. now, the law provides that a criminal action should be tried in the county where the crime was committed. that is that the crime was committed in glynn county is a jurisdictional fact that must be proved by the state beyond a reasonable doubt as to each crime charged in the indictment just as any element of the offense. venue must be proved by direct or circumstantial evidence or both. the defendants are charged with malice murder, aggravated assault, two counts, and false imprisonment and criminal attempt to commit a felony and murder. i will define the offenses for you. for malice murder, the state must prove that the defendant, one, caused the death of another person, two, unlawfully, and three, with malice aforethought. the killing must have been done with malice to be murder. malice, as the term is used here, is not necessarily ill will or hatred. rather, it is the unlawful intent to kill without justification. you may find malice when the circumstances show that the defendant acted in the deliberate -- i'm sorry, with the deliberate intention to unlawfully take the life of another person. you may also find malice when there does not appear to be significant provocation and all the circumstances of the killing show an abandoned and malignant heart. the state does not have to prove premeditation to prove murder. if the killing is done with malice, it is murder, regardless of how briefly the malicious intent existed. no specific length of time is required for malice to arise in a defendant's mind. malice may be formed in a moment and instantly a fatal wound may be inflicted. if malice was in a defendant's mind at the time of the act or the killing and moved a defendant to do it, that is enough for the killing to be murder. the state does not have to prove motive to prove murder. any evidence of -- any evidence of motive has been admitted for your use in determining a defendant's state of mind at the time of the killing. a person also commits the crime of felony murder when, in the commission of a felony, that person causes the death of another human being. under the laws of georgia, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment are all felonies that will be defined later in this charge. you may find a defendant guilty of felony murder if you believe that he caused the death of another person by committing one of the felonies just described, regardless of whether he intended the death to occur. there must be some causal connection between the felony and the death. felony murder is not established simply because the death occurred at the same time as or shortly after the felony was attempted or committed. the felony must have directly caused the death or played a substantial and necessary part in causing the death regardless of when the death ultimately occurred. a person commits the offense of aggravated assault when that person assaults another person with a deadly weapon or with any object, device, or instrument that, when used offensively against a person, is likely to or actually does result in serious bodily injury. to constitute such an assault, actual injury to the alleged victim need not be shown. it is only necessary that the evidence show beyond a reasonable doubt that the defendant attempted to cause a violent injury to the alleged victim or intentionally committed an act that placed the alleged victim in reasonable fear of immediately receiving a violent injury. as to count six of the indictment, the state must prove as a material element of aggravated assault, as alleged in this case, that the assault was made with a deadly weapon. as to count seven of the indictment, the state must prove as a material element offing a valted assault as alleged in this case, that the assault was made with an object, device, or instrument that, when used offensively against a person, is likely to or does actually result in serious bodily injury. a firearm when used in the way a firearm is ordinarily used is a deadly weapon. in deciding whether a pickup truck is an offensive weapon in this case, you may consider all of the following factors. the nature and extent of any injury inflicted, the character or capabilities of the weapon, the manner in which it was used, any display of it to the jury, any other circumstances and any other circumstances of the case. whether or not under all of the facts and circumstances of this case a pickup truck, as alleged in this bill of indictment, did, in fact, constitute a weapon likely to cause serious bodily injury, is a matter to be solely -- i'm sorry, is a matter to be decided by the jury from the evidence in this case. now, on count seven, as to defendant william r. bryan, you may consider the following lesser offenses which will be presented on his verdict form. simple assault. a person commits that when that person intends to commit violent injury to the person of another. reckless conduct. a person commits reckless conduct when that person endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of another person and the disregard kons do you wants a gross deviation from the standard of care which a reasonable person would exercise in the situation. reckless driving. a person commits the offense of reckless driving by driving any vehicle in reckless disregard for the safety of persons or property. if you do not believe beyond a reasonable doubt that the defendant will yasm r. bryan is guilty of aggravated assault as alleged in count seven of the indictment, but you do believe beyond a reasonable doubt that the defendant william r. bryan is guilty of the lesser offenses just listed, you would be authorized to find the defendant william r. bryan guilty of the lesser and should so indicate on the verdict form. continuing with the charges set forth in the indictment. a person commits the offense of false imprisonment when, in violation of the personal lib esche ti of another, he arrests, confines, or detains such person without legal authority. a person commits criminal attempt to commit false imprisonment when, with intent to commit false imprisonment, that person performs any act that constitutes a substantial step toward the commission of the crime of false imprisonment, which has been previously defined for you. now, ladies and gentlemen, i charge you that where, as here in count seven and nine of the indictment, the state alleges that the defendants committed a crime in more than one way, the state need not prove that the defendants committed the crime in each way charged. rather, it is sufficient if you, the jury, should find beyond all reasonable doubt that the defendants committed the crime in at least one of the ways alleged. now, ladies and gentlemen, the defendants have raised a defense that even if nay committed the acts described in the indictment, there are circumstances that justify it. once this defense is raised, the state must disprove it beyond a reasonable doubt. the fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct. the defense of justification can be claimed, a, when the person's conduct is justified as the use of force in defense of self or when the person's conduct is reasonable and is performed in the course of making a lawful arrest. a private person may arrest an offend fer the offense is committed within his presence or within his immediate knowledge. if the offense is a felony and the oflder is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. the terms "in his presence" and "within his immediate knowledge" are synonymous in a crime committed in one's presence only if by the exercise of any of his senses he has knowledge of its commission or by the accused admitting that such a crime is being or has been committed. a private person may not act on the unsupported statement of others alone. a private citizen's warrantless arrest must occur immediately after the perpetration of the offense or in the case of felonies during escape. if the observer fails to make the arrest immediately after the commission of the offense or during escape in the case of felonies, his power to do so is extinguished. a private person may arrest an offender upon reasonable and probable grounds of suspicion, that is, on probable cause, which is defined as facts and circumstances that are sufficient to warrant a prudent person or one of reasonable caution in believing in the circumstances shown that the suspect has committed an offense. the facts necessary to establish probable cause for arrest are much less than those required to prove guilt beyond a reasonable doubt at trial. the test merely requires a probability, less than a certainty, but more than a mere suspicion or possibility. in determining whether probable cause exists, the totality of the circumstances must be considered. whether probable cause existed is for the determination of the jury. now, an arrest is defined as the taking, seizing, or detaining of the person of another either by touching or putting hands on him or by any act indicating an intention to take such person into custody and which subjects such person to the actual control and will of the person making the arrest. an arrest can occur even when a subject is not told that he is under arrest. a person is authorized to use in making a lawful arrest only that degree of force that is reasonably necessary to accomplish the arrest. the mere fact that a lawful arrest is being made does not give the person the right to use excessive force or an unlawful degree of force upon the person being arrested. one upon whom an illegal or unlawful arrest is being made has the right to resist the arrest if such force as is -- let me read that again. one upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest. a person commits the offense of criminal trespass when that person knowingly and without authority, a, enters upon the land or premises of another person for an unlawful purpose, b, enters upon the land or premises of another person after receiving, prior to entry, notice from the owner, rightful occupant, or upon proper identification an authorized representative of the owner or rightful occupant that entry is forbidden or remains upon the land or premises of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. a person commits the offense of burglary in the first degree when, without authority and with the intent to commit a theft therein, that person enters or remains within the dwelling of another. for purposes of this law, a dwelling includes a house, building, or structure which is designed or intended for occupancy for residential use. it makes no difference whether the building or structure was occupied u unoccupied, or vacant. however, you may consider occupation status in determining whether or not the structure in question was designed or intended for residential use. to constitute the offense of burglary, it is not necessary that it be shown that a break-in occurred. to constitute entry, the evidence need only show a breaking of the plane of the structure alleged by the offender or by any part of his body or by any instrument controlled by him. the evidence need not show that an actual theft was accomplished. however, an intent to commit a theft, that is, an intent to steal, is an essential element of burglary. you may infer an intent to steal where the evidence shows an unlawful entry without authority into the place of another where items of some value are present or kept inside and whether -- and where there is no other aparent motive for the entry. whether or not you make such an inference is a matter solely for you, the jury, to determine. a person commits the crime of hijacking a motor vehicle in the second-degree when such person obtains a motor vehicle from an individual without his or her consent. now, the defendants have raised affirmative defenses claiming that even if the acts described in the dimtd were committed, there are circumstances that justify them. once an affirmative defense is raised, the state must disprove it beyond a reasonable doubt.on raised, the state must disprove it beyond a reasonable doubt. the fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct. the defense of justification can be claimed as self-defense and as citizens arrest. sometimes a defendant's threat or use of force is legally justified so is not a crime. let me read that again. sometimes a defendant's threat or use of force is legally justified and so is not a crime. a defendant is justified in threatening or using force against another when, one, he reasonably believes that the threat or use of force is necessary, two, to defend himself or a third person, three, against the other person's imminent use of unlandfall force. a defendant is justified in using force that is intended or likely to cause death or serious bodily injury when, one, he reasonably believes that the use of such force is necessary, two, to prevent, a, death or serious bodily injury to himself or a third person, or, b, the commission of a forcible felony, which means a felony that involves the use of force or violence against another. aggravated assault is, again, a felony which can occur by use of fists if they are used as an offensive weapon. the state has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified. if you decide a defendant's actions were justified, then it would be your duty to find the defendant not guilty. a defendant is not justified in threatening or using force if he provokes the threat or use of force, intending to use that threat or force as an excuse to harm the other person, is committing a felony, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment are felonies that have been previously defined, or is the unjustified initial aggressor, unless he withdraws from the encounter and clearly communicates to the other person his intent to withdraw and the other person continues or threatens to continue the use of unlawful force. for a defendant's threat or use of force to be justified, one, the defendant must believe that his threat or use of force is necessary, two, that belief must be reasonable, that is, a reasonable person would also believe that the threat or use of force is necessary, and three, the defendant's reasonable bleach must be what prompts him to threaten or use force. a person who is not the aggressor is not required to retreat before being justified in using force he reasonably believes to be necessary. a defendant is not justified in using excessive force while acting in self-defense. if you decide that a defense used more force than was reasonably necessary to defend against the alleged victim's threats or use of force, then the defendant's actions would not be justified. now, if, after considering the testimony and evidence presented to you, together with the charge of the court, you should find and believe beyond a reasonable doubt that a defendant in glynn county, georgia, did, on february 23rd, 2020, commit the offenses as alleged in the indictment, you would be authorized to find the defendant guilty. in that event, the form of your verdict would be we, the jury, find the defendant guilty. if you do not believe that a defendant is guilty, or if you have any reasonable doubt as to the defendant's guilt, then it would be your duty to acquit the defendant in which event the form of your verdict would be we, the jury, find the defendant not guilty. though you may consider all of the evidence as a whole, conviction of one defendant does not necessarily require conviction of another or all. you, the jury, must determine the guilt or innocence of each defendant separately. you will be given a special verdict form for each defendant to use when you retire. you are to consider each count separately in the space provided on the verdict form, indicating guilty or not guilty depending on your verdict for that count and that defendant. now, i want to emphasize that anything the court did or said during the course of this case was not intended to and did not intimate, hint, or suggest to you which of the parties should prevail in this case. whichever of the parties is entitled to a verdict is a matter entirely for you to determine. and whatever your verdict, it must be agreed upon by all of you. the court's interest in the matter is that the case be fairly presented according to the law and that you, as honest, conscientious, impartial jurors, consider the case as the court has instructed you and return verdicts that speaks the truth as you find the truth of the case to be. your verdict should be a true verdict based upon your opinion of the evidence according to the laws given you in this charge. you are not to show favor or sympathy to one party or the other. it is your duty to consider the facts objectively without favor, affection, or sympathy to any party. in deciding this case, you should not be influenced by sympathy or prejudice because of race, creed, color, religion, national origin, sexual preference, local or remote residents or economic sta fuss for or against either party. you are only concerned with the guilt or innocence of each defendant. you are not to concern yourselves with punishment. one of your first duties in the jury room will be to choose one of you to be the foreperson who will manage your deliberations and who will sign the verdict to which all of 12 of you freely andvoluntarily agree. you should talk with each other and consider each other's views. each of you must decide this case for yourself, but you should do so only after a discussion and consideration of the case with your fellow jurors. do not hesitate to change an opinion if you are convinced that it is wrong. however, you should never surrender an honest opinion in order to be continue gene yawl or to reach a verdict solely because of the opinions of the other jurors. during deliberations, you must not communicate with anyone other than your fellow jurors about this case. you may not use any electronic device or media such as a telephone, cell phone, smartphone, iphone -- i still have blackberry on this -- the computer, internet, any internet service or any text or instant messaging service or any internet chat room, or blog site, such as facebook, twitter, my space, the list goes on and on. you cannot use any of those to communicate to anyone any information about this case or to conduct any research about this case until i accept your verdict. whatever your verdict is, i would must be unanimous, that is, agreed by all as to each count of the indictment and as to each defendant. each verdict must be in writing and signed by one of your members asdated and returned to be published in open court. please write in pen, not pencil. ladies and gentlemen, you may retire to the jury room, but do not begin the deliberations until you have received the indictment and the evidence that has been admitted in the case. we do need to separate out the three alternates. three of you are alternates, which we will separate out for deliberations. the three alternates will continue to be jurors in this case and still subject to all of the instructions of the court. if at some point during the proceedings, one of the deliberating jurors is not able to complete their duty for the court, then the alternate will be brought into deliberations and deliberations will begin again with that alternate. so, with that, ladies and gentlemen, i ask that you retire to the jury room. >> all rise for the jury . >> any objection to the charge as read from the state? >> none, your honor. >> from travis mcmichael. >> just our previous objection, your honor. >> greg mcmichael. >> just renow vewing the previo objections and exceptions, which include the reasonable doubt ch charge, and then later in the charge the last sentence of the paragraph concerning the synonymous terms. a private person may not act on an unsupported statements of other ace loan. and then the entire next prach concerning contemporaneousness and the actions of the person making the arrest. and i believe the court has already indicated that the arguments made by email on saturday november 20th, i believe it was, will be put into the record in support of those exceptions. >> mr. bryan. >> we renew the exceptions to the charge and the exceptions made thereto. although i don't think it's necessary, we will again make the motions for mistrial made during the case. >> let us check the evidence, then. it is this court's practice with firearms not to send out the live monica lewinski or the weapon itself, nor the videos. jurors don't have the ability to play the videos -- well, the court's position is if there's a request to replay video, it needs to be done with the formalities of the court and they can request that and we do that here. >> your honor, do you have the verdict forms? >> take a look at the verdict forms to see if there's any objections to the verdict forms. i also have a copy of the charge that i will give to the clerk as court's 5 i think we're on? which will be court's 5. that will go out to the panel. look at that before that goes out also. the verdict form and the charge. >> if i could inquire before we end. >> go ahead. >> did the court take some more time to think about whether the court would bring the jury in and ask them in front of us if anything has come up? we wanted to see that process happen. >> i did. i don't think it's necessary today. there's very few, if any, people out front that i have heard of. i haven't heard of anything or any issues. again, last night the only reason i moved the jury is because after getting permission from counsel to go into the jury room, i had heard probably -- not as i was walking in but i heard as i was talking with the panel something that sounded like a crowd outside. i asked the panel whether or not they heard that, and the response was they just heard that too. i thought in an abundance of caution, not really knowing what exactly was happening outside, that i'd go ahead and move them into one of the interior courtrooms. that apparently was there's movement outside, a protest group that was walking around the courthouse, and i believe what the court did yesterday was appropriate under the circumstances and actually consistent with some of the requests made by counsel. i did not do it because i felt there were any safety concerns or problems. i did it out of an abundance of caution. i don't want to into go into where they are now, but i'm satisfied today there have been no issues whatsoever, so, no, i don't plan on that inquiry. i do recall the request being made. i'm satisfied there have not been any issues. >> i guess i would be joining that. the record is what it is, but i don't believe the court has inquired of the jury affirmatively a single time from their impanelment to this moment, and i don't think it would be inappropriate given all that has transpired in the public gam gallery and outside courthouse in this case for the court to inquire affirmative at least once of this jury panel. having said, that i'm going to sit down. >> let's go ahead and check the evidence. the proposed verdict forms should be somewhere in the well, as well as the -- i'm sorry, they're right here. and let's do that so we can get the evidence to the panel. >> i just want to make sure this is consistent with what everyone else has in the court has, as the three alternates. i'll use their current numbers. 14, 13, and 6. >> yeah. i will find that. i didn't realize you were going to bring that up right now. your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on inside. it's true, with diabetic retinopathy, excess sugar can damage blood vessels, causing vision loss or even blindness. so remember this: now is the time to get your eyes checked. eye care is important to your long-term diabetes management. see a path forward with actions and treatments that may help your eyes— and protect against vision loss. visit noweyesee.com and take control of your sight. hello, everyone. i'm kate bolduan. the case is now in the hands of the jury to decide the fate of three men charged in the killing of ahmaud arbery. jurors have now begun deliberating following a nearly month-long trial. we're still seeing live pictures in the courtroom there. joining me to discuss all we have heard especially this morning, ber two attorneys. sara, the jury has it. there are three defendants each charged with nine counts, so 27 different verdicts are needed. and then we hear in the courtroom as they're giving jury instructions, there are lesser charges that can also be considered now for william bryan, the neighbor that has been charged. what does this mean for the jury as they take on this case? >> so the jury has to first decide this idea of a citizens arrest, which goes to all of these. it was that initial encounter justified, because without that you don't get to the analysis of self-defense. if there was justified self-defense the inquiry ends there because there is no duty to retreat under georgia. that is why the prosecutor spent the bulk of closing on citizens arrest, that the idea was bogus, that it came out to shape the defense, that there was never a citizens arrest, no imminent knowledge of a crime, they didn't witness a crime. that was the headline. and that is because it is so important you don't get to self-defense without the analysis of citizens arrest. i think for me the biggest moment was the 911 call. what's your emergency? there's a black man running down the street. that is why we're here. unfortunately, this jury is not proportionate to the community, which is, you know, almost a third black, and so i'm trying to read the tea leaves but i'm not sure where this is going to go. 11 white people and one black person on this jury. let's put it into context for some folks if you will. jury instructions are critical, complicated as we've seen here and in other trials. and as sara is getting at, the defense team has gone to lengths to object over the definition op citizens arrest as presented in closings by the state. what is that about? >> so, absolutely. because the defense knows that their only hanging fate is in citizens arrest and that definition of citizens arrest is going to be the hinch pin in terms of whether they are found guilty or not guilty. that's why the defense was very strategic and objected at the exact times that the prosecution was defining citizens arrest. if you did not see ahmaud arbery commit a crime and it wasn't committed contemporaneously to the arrest, you are not able to avail yourself of citizens arrest. that's why the defense has to object, because their definition is the one they want to control the jury. >> sara, do you think that the state in the closing arguments delivered what they needed to do to make this final argument? but what do you think of the rebuttal from the prosecution we watched this morning? >> i think it was very effective, kate. i think it was directly responsive to the defense closing arguments. the idea that, you know, there was a boogeyman in the neighborhood, you know, that ahmaud arbery was dangerous, that he committed a crime. she methodically showed that these men had no knowledge of him having committed a crime. there was no citizens arrest. she went further to reel back in roddy bryan, because i think his attorney did a fantastic job of distancing him from these other two men, showing that he didn't even know there was a gun there until the first shot was fired. he argued his client took a video and turned it over to the police and without that there would be no justice and no trial. she went through all the charges against bryan and brought him back into those charges. ultimately, i think roddy will probably get acquitted or get, you know, be found guilty of some of the lessers. but she did a fantastic job and really sort of played a little bit more on the race card as well, you know, that long, dirty toenail comment that was just despicable about ahmaud arbery. she humanized him. she said look at him when he was alive and then look at him -- you know, showing the autopsy picture. that was very effective on her part in rebuttal. >> bernarda, i wanted your take on that. that is a choice by the prosecution, because all throughout closings really until these very final moments in reb rebuttal, the prosecution did not spend much time kind of leaning into humanizing ahmaud arbery. her focus really remained on the facts and evidence that had been laid out in the case. sara is getting at the defense during closings went right at ahmaud arbery. i want to play the moment sara was talking about right there. >> turning ahmaud arbery into a victim after the choices he made does not reflect the reality of what brought ahmaud arbery to satilla shores in his khaki shorts with no socks to cover his long, dirty toenails. >> bernarda, what did you think that was about? what did you think of the prose prosecution's response today? >> so her comments, i fund it to be despicable. i found it to be infuriating for her to do victim blaming, and not just victim blaming but victim shaming, not just victim shaming but also destroying the character of ahmaud arbery. this had nothing to do with what happened on february 23rd of 2020. she sunk low in trying to appeal to probably the racial undertones that she believes this jury may have. in terms of how the prosecution handled it, the prosecution didn't really delve deep in. however, the prosecutor did call her out and said that the defense wanted to result and victim blaming. but victim blaming does not get you to an akucquittal. what is it that you saw that caused them to chase, hunt, detain, and you wouldly kill ahmaud arbery? and once you get to those facts and apply them to the law, then you will find that these defendants are guilty. so let's forget the victim blaming and the victim naming and the name-calling. >> so this is now in the hands of this jury. sara, even beyond this, all three men are also charged federally with hate crimes and attempted kidnapping. what does that mean no matter what happens here? >> you know, the -- there is no double jeopardy dealing with two different sovereigns. so they could be convicted here and still continue to be indicted and prosecuted under federal law. and so that to me was potentially why this prosecutor wasn't really getting to the race issue as much, although she sort of skirted around it today. but, yeah, they are facing federal hate crime charges under an indictment, which is very serious. now, you know, to bernarda's point, kate, the idea of the comment about the toenails and all that, beyond it being reprehensible, what concerns me is that when an attorney addresses a jury, you know, villainizing the dead victim and making such a risky comment, they have to know that it will resonate with this jury, right? and so, if this jury is the kind of jury that's going to believe that based on ahmaud arbery's appearance that he didn't belong in that neighborhood, that he was up to no good, and they're going to completely ignore the facts, which is on the prosecution's side, then this -- you know, i think some strange things can happen with respect to this verdict. >> now it is many the hands of the jury and now deliberations are under way. we will wait and see. thank you both very much. i appreciate it. i want to turn to another developing story, though, the man accused of plowing his suv into a christmas parade in wisconsin making his first court appearance this afternoon. five people died, dozens were injured, many including children still in the hospital. we are learning more details about that suspect who police now say has used his car as a weapon before. cnn's adrienne broaddus is live in waukesha, wisconsin, with the latest on this. what are you learning, adrienne? >> reporter: well, kate, cnn has obtained that criminal complaint that you were just referencing. in that complaint filed on november 5th, it describes a violent altercation where the suspect is described as using a vehicle to run someone over. the woman in this complaint is only described as eap. she claims to be the mother of a child, she and brooke share together. she alleged brooks hit her with a closed fist first, then, quote, intensely and without consent ran her over with his vehicle while she was walking through the parking lot of a gas station. and for those of you who have been following this story, you may remember members of law enforcement have said that he was out on a $1,000 bail. meanwhile, folks in this community are still coming to grips with what they witnessed and saw and wondering why that 39-year-old was released. listen in. >> one police officer asked me if i had something he could use for a gurney because they didn't have the ambulances here. got a piece of plywood out of my garage. over here they were trying to revooich a woman and they needed plastic gloves. i said, okay i got them. latex gloves i use for painting plastic gloves. i said, okay i got them. latex gloves i use for painting. >> brooks is in court this afternoon facing five counts of first-degree intentional homicide. kate? >> adrienne, thank you. coming up for us, president biden taking action to try to tackle high gas prices. will millions of barrels of oil bring le v relief at the pump soon? that's next. ♪ the one desire ♪ ♪ you are, you are, ♪ ♪ don't wanna hear you say... ♪ ♪ ♪ i want it that way ♪ ♪ fresh flavors... classic dishes... ♪ and a new seat at the table. ♪ pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain 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(sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok. ♪ i only have eyes for you ♪ [gaming sounds] [gaming sounds] [gaming sounds] just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. y developing this morning, a major move by the white house. an intent to bring down gas prices. president biden has ordered the release of a 50 million barrels of oil from the petroleum reserve in coordination with several other nations as well. biden is set to deliver remarks this afternoon on the economy. the latest national poll from cbs shows he has some work to do. only 39% of americans approve of the president's handling of the economy right now. so what is the impact of this new announcenent? joining me now is cnn chief correspondent christine romans. what more are you hearing about this move from the administration, the announcement from the president about the strategic petroleum reserve? >> you know, they have done this before in the past. it's rare, but when there are wars or hurricanes, we have tapped the strategic petroleum reserve. this is different. it's the biggest ever, 50 million barrels and also in coordination with a few other countries. so that shows an international intervention into the supply problem we're having in the u.s. and the global oil market so the hope here for the white house is at least in the near term it can put a lid on gasoline prices. that's issue number one for the white house, right, showing the american people they are trying to do something about inflation and where do you feel inflation more than every time you fill up your tank of gas. >> yeah. i mean, you know what, christine, i've got to jump and head back right now to georgia where the family of ahmaud arbery, they have just left the courthouse where his mother, his father, they have been in court day in and day out. >> all right. the jury is out. it's time to allow the legal process to take its course. we are confident that the state put all the evidence out necessary to convict these men on all charges, and we're confident that this jury will seriously consider all the evidence and come back with a verdict that is reflective of what actually happened which is the brutal and unjustified murder of ahmaud arbery. outside of that we don't have much to say. do you have anything that -- >> no. >> we'll take one question and then we're going to go. >> how do you feel about how the prosecutor did today in terms of her rebuttal? >> i think linda did a fantastic job. i think that she did -- she presented the evidence again very well. i do think that we will come back with a guilty verdict, and i want to leave with this. god has brought us this far, and he's not going to fail us now. >> amen. >> we will get justice for ahmaud. >> that's it. >> okay. >> did you want to say something? >> i'll say something. >> i'm just giving all glory to god for number one, and what i see in that courtroom this morning was really devastating, but i'm just thanking god, god showed us all the evidence to convict these men, so i know god, like wanda was saying, we're got this far so i know we're going to get these men. >> all right. thank y'all. >> thank you, sir. >> all right. we've been listening right there. the reactions by ahmaud arbery's parents after what has been a month's long excruciating at moments trial where they have seen, you know, pictures of their child, autopsy pictures of a child that were so hard to watch. let me bring in bernarda once again as well as sarah. bernarda what often gets lost, a final thought, that often gets overlooked, if you will, is the impact on the families, and they have been in this courtroom day in and day out what they have seen there no matter what the verdict is. >> i tried homicides as a prosecutor for ten years, an normally who is forgotten is the familiar lift deceased, and it's very heart-wrenching because you're making them relive that fatal day over and over and over, and they hear so much information, and those autopsy photos, to think that this is the last sight, the last thing that aari saw right before he took his last breath and the way his life was taken. it's horrible for the family. >> yeah. sarah, your thoughts on this? >> yeah. i mean, you have to realize that even before getting to trial they have seen these videos. they have heard the made-up stories by these defendants. it's tough, and i think sometimes defense attorneys are guilty of forgetting but it's a big mistake. you have to show that empathy even though you're vigorously and zealously trying to represent your client. i think you lose the jury to some extent if you don't really consider that person. that's why i think those comments yesterday was such an incredible turnoff that, you know, blame the victim, talking about his appearance and just so incredibly racially charged. i think that's a big mistake, but, again, with this jury, you never know how it will resonate. >> yeah. thank you both so much for being here. really appreciate your time. >> thank you. >> thanks as always for being here with us. i'm kate balduan. "inside politics" with john king starts right now. ♪ hello and welcome to "inside politics." i'm john king in washington. thank you for sharing your day with us. joe biden breaks the glass in a gas price emergency. the president today will tap into the strategic petroleum reserve. it's a bid to lower your pain at the pump ahead of the holidays and ahead of the mid-term elections. plus the january 6th committee targets a dirty

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