Ahmaud Arbery was shot twice and mortally injured, medical examiner tells jury at Georgia trial

BRUNSWICK, Ga. — The medical examiner who performed the autopsy on Ahmaud Arbery told jurors Tuesday that he was shot twice and could have been grabbing the shotgun or pushing it away when he was killed in February 2020.

Edmund R. Donoghue, a forensic pathologist at the Georgia Bureau of Investigation, was among the last of the prosecution's 23 witnesses over eight days as the state rested its case in the trial of father and son Gregory and Travis McMichael and their neighbor William "Roddie" Bryan. The men were arrested and charged with murder and other crimes two months after Arbery was killed on Feb. 23, 2020.

Bryan's attorney, Kevin Gough, will give his opening statement on Wednesday before the defense begins calling witnesses.

Defense attorneys say the three men chased Arbery in pickup trucks to detain him for police and that Travis McMichael shot him in self-defense. Prosecutors say Arbery was under attack by men who had no way of knowing if he had committed a crime.

Prosecutors showed graphic photos from Arbery's autopsy as Donoghue testified Tuesday.

Donoghue concluded Arbery died from multiple shotgun wounds to the chest, wrist and armpit. The wounds would have been fatal on their own and there was nothing first responders could have done to save Arbery's life, he said. 

Donoghue told prosecutors he could not determine the order the shots were fired based solely on his autopsy. But after reviewing video of the killing, he said he believed Arbery's hand was in front of his chest when the first shot grazed his wrist, entered his chest, and broke multiple ribs. 

The next shot fired missed Arbery, but the third shot struck him near his armpit, paralyzing his left arm and breaking several bones.

The cellphone video, filmed by Bryan, showed a struggle between Arbery and Travis McMichael, who fired the shots.

Donoghue told prosecutor Linda Dunikoski the injury between Arbery's thumb and pinky could be consistent with someone pushing the shotgun away or grabbing it.

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During cross-examination, defense attorney Bob Rubin asked Donoghue if Arbery was able to fight back after being shot in the wrist and chest. Donoghue agreed the injuries did not prevent Arbery from hitting Travis McMichael, and that Arbery was likely experiencing adrenaline as part of a flight or fight response. 

When Rubin asked what Arbery could have been afraid of, Donoghue replied: “Well, there was a man with a shotgun and men chasing him in a pickup."

Prosecutors on Tuesday again showed jurors cellphone video of the shooting, and Donoghue said the sprays of blood seen in the footage were likely coming from the wound in Arbery's wrist.

Jurors also saw photos of abrasions on Arbery's face, arms and hands that Donoghue said were consistent with an "unguarded fall," when a person loses consciousness and falls to the ground.

Arbery's mom, Wanda Cooper Jones, left the courtroom as the graphic autopsy photos were shown. During a break, defense attorney Laura Hogue hugged Leigh McMichael, Greg's wife and Travis' mom, who appeared to be wiping tears.

Jurors on Tuesday also heard from GBI agents David Bryan Smith and Richard Dial and crime scene specialist Jessica Hamilton.

Smith digitally mapped Satilla Shores and used drones to take videos and photos of the neighborhood. Hamilton canvassed neighborhoods after the shooting, transported evidence and photographed the defendant's vehicles.

Dial took out arrest warrants for Greg and Travis McMichael after the GBI became involved in the investigation in May 2020. Prosecutors showed jurors maps of key locations in the case and played drone video of the path taken by Arbery, Bryan and the McMichaels on the day of the shooting as Dial testified about his role in the investigation.

During cross-examination, Gough repeatedly asked Dial about Bryan's path and if it appeared he was trying to simply witness the interaction and go home at various points.

"Sir, I don't believe he was just a witness in what happened," Dial responded, reiterating that the video is consistent with Bryan trying to pursue Arbery.

"I think we can agree and let the jury decide what Mr. Bryan's intentions were," Gough concluded.

After the jury was dismissed, Gough again raised the issue of notable figures being present in the courtroom and asked the court to keep a record of who is sitting in the gallery each day.

Judge Timothy Walmsley said the court has already twice addressed the issue and its position has not changed. Walmsley denied Gough's motion for a mistrial Monday over the presence of civil rights leaders including Jesse Jackson in the courtroom.