Georgia Superior Court Judge Timothy Walmasley handed down the verdict on Friday (October 1) Ahmed ArberryIts mental health records could not be used as evidence in the trial.
According to ABC News, Walmsley says Arberry’s medical diagnosis is not a reason for the trial scheduled to begin soon. “There is no evidence that the victim suffered any mental health problems, or otherwise became perishable, February 23, 2020,” Arberry’s date of death.
In addition, Walmsley said the diagnosis of Arberry’s mental illness by a registered nurse was “extremely suspicious.” The 2018 visit was to her first and only mental health care provider. Two months ago, he further noted that two previous arrests in Arberry by law enforcement were limited.
Related: Ahmed Arberry: Former prosecutor accused of defending defendants who chased and killed him
Unarmed Arberry was jogging just outside the town of Brunswick in Glen County on the date mentioned. Just then armed father and son Gregory and Travis McMichael chased Arberry in a pickup truck. Neighbor William “Roddy” Brian joined the chase and recorded the deadly shooting of Arberry on his mobile phone. In the video, Arberry is seen punching and trying to grab McMichael’s shotgun. Arberry was shot and killed in three explosions of Travis McMichael’s shotgun.
On May 5, more than two months later, video of the shooting was leaked online and McMahon was arrested on murder charges. The Georgia Bureau of Investigation (GBI) leaked the footage and quickly arrested the three the day after the case was taken.
The defense on behalf of McMichael and Brian argued that the three men had committed no crime and suspected that Arberry was a thief. Video cameras on the border of a house under construction led men to believe so. Travis McMichael’s lawyer argued that he used self-defense when shooting Arberry.
Both Travis McMichael and Brian’s defense disagreed with the judge’s ruling.
“The whole truth will come out during the trial and the jury will see that this case is only about one’s neighbor and self-defense,” McMahon’s attorney said in an email. “We expect the court to fully or partially reconsider its decision next week,” Brian’s lawyer said in an email.
The jury selection for the trial is scheduled for October 18.