Nearly a year later, little progress in case against former DA Jackie Johnson

Aug. 12—Unseated Brunswick Judicial Circuit District Attorney Jackie Johnson insists she did not interfere with the investigation into the shooting death of Ahmaud Arbery, for which her former investigator is among three men now serving life in prison.

But Georgia Attorney General Chris Carr insists otherwise, alleging Johnson repeatedly attempted to manipulate the investigation beginning just hours after the fatal shooting on Feb. 23, 2020, on the streets of the Satilla Shores neighborhood.

Both sides maintain the evidence will prove their position in court. Yet, nearly a year after a grand jury indicted Johnson for violating her oath of office by allegedly meddling in the investigation, there is no progress to report from the Glynn County Courthouse. There has been no activity since AG Carr filed a detailed response May 6 to an earlier motion from Johnson calling for dismissal of the charges.

There is no hearing scheduled on the case and "there have been no new filings," a Glynn County Superior Court spokeswoman told The News this week.

Other than to confirm that he is still representing Johnson in the case, Kingsland attorney John J. Ossick Jr. told The News he could not comment further.

The Georgia AG's office said late Thursday afternoon that it is awaiting an arraignment date. Also, the AG's office noted that its investigation of Johnson remains very much alive.

"The next step (in the court process) would be arraignment, a date that is set by the court," said AG spokeswoman Kara Richardson. "And while an indictment has been returned, our file is not closed and our full investigation continues."

After serving as DA for 10 years, Johnson lost the 2020 election to current Brunswick DA Keith Higgins in a heated campaign fueled by public furor over her handling of the Arbery case.

Former long-time DA investigator Gregory McMichael, 66, his son Travis McMichael, 36, and 52-year-old William "Roddie" Bryan all have been sentenced to life in state prison for murder. The White father and son additionally were sentenced Monday in U.S. District Court in Brunswick to life in federal prison for firearms violence charges, attempted kidnapping and violating the 25-year-old Arbery's right to use a public street because he was Black.

Bryan received a 37-year federal sentence Monday for attempted kidnapping and violating Arbery's civil rights.

There is no parole in the federal prison system.

Foremost in the minds of many who were on hand for Monday's federal sentencing was speculation about the status of the case against Johnson.

Travis McMichael shot the unarmed Arbery dead on the afternoon of Feb. 23, 2020, ending a chase during which the young man ran for his life as the three pursued him in pickup trucks through the streets of Satilla Shores. It started when the McMichaels armed themselves, jumped into a pickup truck and chased Arbery after seeing him run past their home at 230 Satilla Drive. Bryan joined the chase in his pickup truck after seeing Arbery run past his home with the McMichaels in pursuit.

Bryan's cell phone recording of the murder sparked national outrage and cries of racial injustice after it went viral online on May 5, 2020. The Georgia Bureau of Investigation arrested the McMichaels two days later and Bryan on May 20, 2020.

The case had lingered for 2 1/2 months without an arrest prior to that, a period in which the county police department's investigation had all but stagnated. In that time, the case went through a succession of prosecutors.

Johnson recused herself the day of the murder, claiming conflict of interest because of Greg McMichael's 20-year career as a DA investigator. McMicheal retired in 2019.

Johnson reached out to Waycross DA George E. Barnhill the day of the murder, asking him to consult with Glynn County police on the case. It was later learned that Barnhill gave police an initial assessment the next day of self defense in the course of a citizen's arrest.

Carr said he assigned the case to Barnhill later that week at Johnson's recommendation, unaware that the two prosecutors had already discussed the case or that Barnhill had offered an opinion on it.

Barnhill, however, stepped down in April 2020 under pressure from Arbery's family because his son, George E. Barnhill, was an assistant prosecutor with the Brunswick DA.

The case then went to the Hinesville DA. It later went to the Cobb County DA, which successfully prosecuted all three on murder charges during an emotionally-charged six-week trial that ended with guilty verdicts on Nov. 24, 2021.

By that time a Glynn County grand jury had handed down indictments against Johnson. The indictments on Sept. 2, 2021, charged her with felony violation of oath of office and misdemeanor willful obstruction of law enforcement.

The grand jury alleged that Johnson "did knowingly and willfully hinder" the investigation by instructing Glynn County police investigators on the scene of the murder not to make an arrest. The grand jury further accused Johnson of funneling the case to Waycross DA Barnhill.

Johnson turned herself in Sept. 8, 2021, at the Glynn County Detention Center. She was booked at 8 a.m. that day and released on $10,000 bond at 8:07 a.m., jail records show.

Johnson's attorney filed a motion to dismiss the charges on March 25, asserting no evidence exists that she interfered with the investigation. In the motion, attorney Ossick stated there is no proof that Johnson gave "any direction, order, edict, instruction, request or any other communication, either directly or indirectly, that Travis McMichael or anyone else involved in the brutal slaying of Mr. Arbery not be taken into custody at any time."

The lack of evidence that Johnson tampered with the case also would negate the felony charge of violation of oath of office, Ossick said.

In a detailed response, the Georgia AG's office countered that ample evidence exists, including 16 phone calls between Johnson and Greg McMichael between the day of the shooting and the arrests. On the final call between Johnson and McMichael, on May 5, Greg McMichael allegedly left a message expressing thanks for a referral, adding "he's gonna run interference for me right now and that's damn good advice and I appreciate it very much," the motion states.

The AG's motion further claims Johnson attempted to manipulate the case's outcome by allegedly recommending it to Barnhill with advance knowledge that he had already reached a conclusion favorable to the defendants.

"Johnson failed to disclose, however, that Barnhill had already reviewed the case and declared the case to be self-defense," the AG's motion states. "Thus, Johnson manipulated the case in favor of her former employee and his son."