An hour after his son Travis shot Arbery twice in the open with a shotgun, call records show that Gregory McMichael called a number on his cell phone and left a voicemail.
“Jackie, this is Greg. You can call me as soon as you can… I (inaudible) and I was involved in a shooting and I need some advice right away…” Gregory McMichael said in voicemail, according to evidence presented during pretrial hearings in the Ahmaud Arbery murder case.
“Jackie” is Jackie Johnson, District Attorney Brunswick. Until his retirement in 2019, Greg McMichael worked as an investigator in Johnson’s office.
The call lasted only 39 seconds, but Arbery’s family allege that’s why no one was arrested in the case for 74 days – and nearly prevented a trial.
McMichael wasn’t the only one who called his former boss for advice that day. Glynn County Sheriff’s Department officers investigating the murder have also contacted Johnson’s office for advice on what to do.
The way Johnson allegedly responded to those calls was behind a two-count indictment accusing her of violating her oath of office and obstructing law enforcement.
According to the indictment published September 2, Johnson obstructed law enforcement “by directing that Travis McMichael should not be placed under house arrest, contrary to said State law.”
The more serious charge alleges Johnson violated his oath of office “by showing favor and affection for Greg McMichael during the investigation into the death of Ahmaud Arbery.” This is a felony punishable by up to five years in prison.
CNN’s attempts to contact Jackie Johnson and her attorneys for comment went unanswered.
The indictment argues that even as she withdrew from the case because of her connection to Greg McMichael, Johnson directed the investigation to Attorney George Barnhill of nearby Waycross Judgment County. She then suggested to the Georgia Attorney General’s Office that Barnhill handle the case, allegedly not disclosing that she discussed the case with Barnhill.
Barnhill himself sent a letter to Glynn County police, giving his legal position and describing the pursuit of Arbery by armed men on a pickup truck as “completely legal” under Georgia law.
Barnhill’s conclusion: “We see no grounds for the arrest of any of the three parties.”
CNN has reached out to Barnhill for comment but has not received a response.
Arbery family advocates believe that could have ended the investigation, if not for the role another cell phone played that day.
William Bryan Jr., also among the men convicted last week, used his phone to record the pursuit and murder of Arbery. The video was made public on May 5, 2020. To the nationwide outrage, Georgia Governor Brian Kemp asked the Georgia Bureau of Investigation to take over the case. Less than two days later Gregory and Travis McMichael were arrested.
The GBI also investigated allegations of misconduct by prosecutors, and their findings formed the basis of Johnson’s indictment.
Johnson turned herself into the Glynn County Jail on September 8. She was released in less than an hour without paying any bond.
In early September, Arbery’s mother, Wanda Cooper-Jones, welcomed Johnson’s indictment.
“She didn’t pull the trigger, but she’s as responsible as the three guys who actually did this to Ahmaud,” she said.
Johnson has denied any wrongdoing, instead telling her voters during her re-election campaign that she has been falsely accused.
“That case was a terrible tragedy for the community,” Johnson said in October 2020 during an online debate between Johnson and other candidates running for the office of Brunswick district attorney. “It’s been a tragedy for the family. I’m sorry for how it turned out. I’m sorry that a lie has begun and I can’t go back.”
After a decade serving as the district attorney for Brunswick, Johnson was voted to be dismissed.
Under Georgia law, an elected district attorney is not liable to anyone but the voters. If there is a trial and no change of venue, Jackie Johnson’s jury will be chosen from the same group of voters, in the same county, that convicted Gregory, McMichael, Travis McMichael and William Bryan Jr.
The Georgia Attorney General said the investigation is ongoing.
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