Former Georgia prosecutor’s final charge mysteriously dismissed
A judge abruptly ended the trial of a former Georgia prosecutor accused of using her influence to protect the men involved in Ahmaud Arbery’s killing by throwing out the felony indictment against her. The trial was halted before going to the jury, closing the book on the criminal charges that had hung over her for more than three years.
Former District Attorney Jackie Johnson, who had denied influencing police in the initial decision not to arrest the men when Arbery was fatally shot nearly five years ago, faced charges of violating her oath of office and obstructing police. The trial, which included five days of testimony, ended in her favor when the judge dismissed the charges due to technical errors in the indictment.
The judge, Senior Judge John R. Turner, also acquitted Johnson of the misdemeanor obstruction charge after prosecutors failed to provide evidence that she directed police investigators not to arrest the man who shot Arbery. Despite this outcome, Arbery’s parents believe Johnson played a role in protecting those responsible for their son’s death.
The incident occurred when father and son Greg and Travis McMichael, along with a neighbor, pursued and fatally shot Arbery. The delay in arrests led to public outcry, and eventually, all three men were charged and convicted of murder and hate crimes in separate trials.
Georgia Attorney Chris Carr initiated an investigation into Johnson, resulting in her indictment in 2021. Prosecutors accused Johnson of withholding information about the case, claiming that a neighboring district attorney had already advised police on the matter. Johnson denied any wrongdoing, stating that she did not instruct anyone to spare the McMichaels.
The trial’s sudden end has left many questioning the justice system’s handling of the case and seeking closure for Ahmaud Arbery’s family.
“The greatest tragedy … and indicted an innocent woman,” stated Brian Steel, Johnson’s lead defense attorney. He also added, “Jackie was portrayed as a person who supported racism. That is completely untrue.” Johnson was voted out of office in November 2020 and largely attributed her defeat to the controversy surrounding Arbery’s killing. She departed from the courthouse on Wednesday without addressing reporters.
Prosecutors encountered challenges in constructing their case. Their own witnesses, summoned to provide testimony on how district attorneys handle conflicts of interest, informed the jury that they did not witness any illegal actions by Johnson. The indictment alleged that Johnson directed two police officers not to detain Travis McMichael. One of them, Stephanie Oliver, testified that this had never occurred. The second officer was not called to testify.
In a statement, Carr expressed that his office had made every effort to ensure justice was served. “We stand by the case we presented,” Carr declared, “and we are disappointed that the jury will not have the opportunity to render a decision.”
Johnson’s defense attorneys had petitioned the judge to dismiss the indictment the previous week. Turner postponed making a ruling until Wednesday morning without providing an explanation. Johnson’s legal team contended that the charge of oath violation cited an outdated oath Johnson took in 2010. They argued that by the time of her indictment, Johnson had taken a new oath following her reelection in 2016.
The defense also contended that the indictment accused Johnson of actions that did not constitute oath violations. It alleged that she had shown “favor and affection” to Greg McMichael, had failed to treat Arbery’s family with “fairness and dignity,” and had not disclosed to Carr’s office that she enlisted Barnhill’s assistance before his official appointment. “The indictment did not outline a criminal offense,” stated Steel. “It simply claimed that Jackie did not treat the Ahmaud Arbery family with dignity because she divulged some information to the attorney general. All of these actions were lawful.”
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