Judge throws out 1 count against ex-DA Jackie Johnson in Arbery case

A judge has dismissed one of two charges against former Brunswick Judicial Circuit District Attorney Jackie Johnson by ruling that prosecutors failed to present “one scintilla of evidence” that she obstructed the investigation of Ahmaud Arbery’s murder.

The Monday development came after the prosecution rested its case. It means that Johnson now faces a single charge — violation of oath of office — in the closely watched trial that Glynn County residents have hoped would finally explain why it took more than two months to arrest the men later convicted for Arbery’s murder.

For nearly a week, the state attorney general’s office presented the case against Johnson to a Glynn County jury and called over a dozen witnesses. 

State Deputy AG John Fowler prosecuted the 2021 indictment that alleges Johnson violated her oath of office and obstructed the police investigation into Arbery’s death. It says she did so in order to help the men who were later convicted of killing Arbery: her former employee, Greg McMichael, and his son, Travis; as well as their neighbor, William “Roddy” Bryan. 

Just before 3 p.m. Monday, Senior Judge John R. Turner, of the Ogeechee Judicial Circuit, ruled on the motion by Johnson’s defense attorney, Brian Steel, to issue what’s known as a directed verdict of acquittal on the obstruction charge. 

A directed verdict is when a judge finds there is no evidence that would lead a reasonable jury to a different outcome.

Problems appeared early on

Cracks began to show in the prosecution’s case during the sworn testimony of Assistant Glynn County Police Chief Stephanie Oliver, two days after a jury was selected. 

Oliver’s testimony directly contradicted what was stated in the indictment: that Johnson told Oliver and another officer not to arrest Arbery’s killers. 

“I never had any interaction with Ms. Johnson in this case,” Oliver testified last Thursday. 

Then came the testimony of former Waycross-circuit District Attorney George E. Barnhill. Barnhill was appointed to prosecute the case after Johnson recused herself, citing the perceived conflict of interest. 

Barnhill testified that police investigators had their  minds set that Travis McMichael had killed Arbery in self-defense, and Arbery had been committing a burglary — assumptions that didn’t hold up in the Georgia Bureau of Investigation reports and resulting murder trial resulting in convictions against the McMichaels and Bryan. 

Meeting with officers the day after Arbery’s murder, Barnhill said officers had not “typed anything up,” but had already made the decision not to arrest the men the night before: “one of the officers told us that (Arbery) was trying to carjack Roddy.”

Prosecutors brought Oliver back to the stand on Monday morning to dispute Barnhill’s characterizations. Oliver stated that the police were told by Barnhill — not the other way around — that there were no laws broken and the shooting was justified. 

But still, none of that had to do with Johnson, her lawyer Steel argued to the judge. 

The obstruction charge against Johnson involves “stopping the officer from doing something, something that is already being done,” Steel said. 

But he stated in his argument to the judge that it was Glynn County Police that told Arbery’s mother that their son was shot during an attempted burglary. 

“The people who have the arrest powers are police,” Steel said. “There is no evidence a warrant was being written up, (that) a judge( was) sought after.”

Oath of office charge pending

Judge Turner denied the defense’s request for a verdict on the oath of office charge. However, Turner is deliberating on a related defense motion Steel filed last week that challenges the charge itself on a technicality. The motion argues that prosecutors had incorrectly identified the oath of office Johnson received in the original indictment. Lawyers for both sides have a deadline of Wednesday to support or challenge the motion.

Before dismissing court Monday, Turner informed the Glynn County jury that he expected the trial to wrap up “certainly this week.”

Outside the courthouse, Marcus Arbery, Ahmaud’s father, told reporters he is still hopeful that the jury can decide on the remaining charge. 

“Still counting on the justice system because they know it was a bunch of wrongdoing on the DA,” Arbery said. “I’m looking for justice … 100% justice for Ahmaud.”