Reynolds also addressed questions over if anyone else who handled the Arbery case would be charged.
“I will tell you that this case is an active ongoing investigation. Once this press conference breaks today, these agents behind me, in the crowd who are here today to observe, will continue their investigation, and they’re going to go wherever the facts take them,” Reynolds said.
“There’s more than sufficient probable cause in this case for felony murder.”
Hatchett was the lead attorney in the Philando Castile case in 2016. Castile was a black man shot and killed by a Minnesota police officer after alerting the officer who pulled him over that he had a licensed gun in the glove compartment of his car. The former officer, Jeronimo Yanez, was acquitted of second-degree manslaughter and two counts of reckless discharge of a firearm.
“It has to be a misdemeanor or a felony that you witness or you have immediate information about,” Hatchett said.
“And the other important part under Georgia law is that if you do detain someone under citizen’s arrest, it has to be reasonable force. They came loaded with guns.”
The McMichaels told police that they thought Arbery was involved in recent neighborhood burglaries.
The video circulating on social media shows Arbery, who appeared to be unarmed, jogging in a white T-shirt and stopping in front of the McMichaels driving a white pickup truck that blocked the road. Both father and son were armed with guns. The camera refocuses to show Arbery running around the vehicle towards Travis, who is brandishing a shotgun. They tussle, and Arbery is shot several times. He died of his wounds. Neither of the McMichaels was arrested or charged for 75 days after police filed the report.
Greg McMichael is a former Glynn County police officer and former investigator for the Brunswick District Attorney’s Office.
“They should have been taken into custody immediately,” Hatchett said.
She spoke with “Morning Edition” host Lisa Rayam about Georgia’s citizen’s arrest law and how it couldn’t have applied to the Arbery case.
Correction: This report has been updated to show that Philando Castille was in possession of a licensed firearm when he was killed.