The Similarity, and Stark Difference, Between the Kyle Rittenhouse and Ahmaud Arbery Shootings

It comes down to provocation.

By
81

The two most watched murder trials in the country are coming to an end and, while they have similarities, one big difference makes different results likely. Last Friday, a jury in Wisconsin found Kyle Rittenhouse not guilty for fatally shooting Joseph Rosenbaum and Anthony Huber and injuring Gaige Grosskreutz during riots in Kenosha in August 2020. Meanwhile, the jury began deliberating Tuesday in the trial of Gregory McMichael, Travis McMichael and William “Roddie” Bryan Jr. for the death of Ahmaud Arbery in February 2020 in Brunswick, Georgia.

The killings at the center of each case were caught on video. A chase was involved in the shootings. And struggle over a gun figured prominently in both cases. Rittenhouse’s shooting of Joseph Rosenbaum and Travis McMichael’s shooting of Arbery bear an especially striking resemblance. In both cases, the man who was shot lunged and attempted to grab the gun away from the man who did the shooting.

The standard for lawful self-defense when using deadly force in both cases requires the shooter to reasonably believe they are at risk of losing their life or suffering great bodily harm. The force used to stop the threat also has to be reasonable. Using a gun against somebody who is attempting to wrestle it away from you generally satisfies those requirements.

That’s largely why Rittenhouse was acquitted. Will it lead to McMichael’s acquittal?

Create a free account
Access additional articles and newsletters for no cost, no credit card information needed. Continue ALREADY HAVE AN ACCOUNT? SIGN IN
81
By
Comments (81)
Join The Dispatch to participate in the comments.
 
  1. Avatar photo
    Ben Connelly

    Thanks for the explainer. Much more measured than most of what’s on the interwebs.

    Collapse
  2. linda

    If you believed some one stole something wouldn't you try and see if he was holding an item before you took off on a mad dash with your shot gun? The entire episode seems so wack.

    Collapse
    1. Avatar photo
      rlritt

      I think if someone saw a man pick pocket a person's wallet he would be a good Samaritan to try to retrieve it. If someone saw a guy take something from a construction site, why would he care? I'm sure anything valuable would be under lock and key. Anything else wouldn't be worth the fight.

      Collapse
  3. Brett Bogo

    Great written piece

    Collapse
  4. Gabej1989

    “The defense in the case has relied on the idea that Arbery wasn't in the neighborhood to jog by pointing out he was wearing ‘khaki shorts, with no socks, to cover his long dirty toenails.’”

    I’m so confused, 1) why are dirty toenails relevant and 2) how does NOT wearing socks make them less visible?

    Collapse
    1. Avatar photo
      Mudskipper

      I think there's a misplaced comma. Remove the comma after socks and it makes more sense.

      Collapse
  5. Avatar photo
    BWG

    Ahmad Artery’s killers found guilty of murder. Seems like our justice system is working.

    Collapse
    1. Avatar photo
      BWG

      *Ahmaud Arbery's* Would've sworn that I spelled that correctly, and am chagrined that I did not.

      Collapse
  6. Avatar photo
    Dustin Anglin

    So glad to hear that justice has been served to Arbery's killers, but I don't think justice will have truly be done until both DAs that obstructed and attempted to prevent charges from being brought against the now convicted murders have also been indicted themselves and convicted for obstructing this case. I believe the Brunswick DA has been indicted, but the Waycross DA has not, despite having written about the issue that there was "insufficient probable cause to issue arrest warrants." Fixing those kind of institutional failures is part of the process of justice.

    Collapse
  7. Avatar photo
    Mike B

    Ordinarily I roll my eyes at claims that such-and-such is a "racist dog whistle". The dirty toenails remark, however, qualifies as just that.

    Collapse
    1. Avatar photo
      Ben Connelly

      Yeah I was like WTH when I read that. In court, too!

      Collapse
  8. Mads Lindstrøm

    I think some are drawing the wrong parallel between the Rittenhouse case and McMichaels/Bryan (Arbury) case. The correct parallel is between Rittenhouse and Arbury. They were both attacked. They both defended themselves as best they could. Unfortunately Arbury was not succesful.

    Collapse
    1. Avatar photo
      Greenknight

      Well yeah, except that Arbury wasn't caught on tape from three separate angles pointing a gun at his attackers first... Rittenhouse was.

      Rittenhouse provoked, Arbury didn't.

      Collapse
      1. Mads Lindstrøm

        There are some grainy videos nobody can really make out was is happening on. So no, it is far from clear that Rittenhouse pointed his gun at Rosenbaum or Zaminsky.

        Even if there were such videos, when you run away you regain your right of self defense.

        Collapse
    2. Avatar photo
      John Parker Ford

      Yes! I've been saying the same thing. It's frustrating that nobody (from David and Sarah on one side to progressive commentators on the other) has connected those dots. If Arbery had been legally armed, the cases would be almost identical. I guess everyone's getting wrapped up in who is the defendant in each case.

      Collapse
    3. Avatar photo
      Bill Nelson

      The Advisory podcast is excellent on both of these cases, but I expect that they will have more to say now that the Arbrey case has been adjudicated.

      Collapse
  9. Mads Lindstrøm

    Even if you went by McMichael's own story, they were still guilty. They had no immediate knowledge of Arbury committing a felony. And they had to have immediate knowledge for a legal citizen arrest. And it had to be a felony to legally chase him. At least this was how the judge interpreted Geogia's citizens arrest statue. Now, the defense will likely appeal the judge's ruling and we will see what happens.

    Even if the defense gets that ruling overturned, I think the defense has other problems, like not having probable cause for a citizen arrest.

    Collapse
    1. Avatar photo
      Bill Nelson

      There is always an appeal, but from the analysis of Mr. French and Ms. Isgur, there can be no appeal, that can succeed, based on that part of state law.

      Collapse
  10. Avatar photo
    Linda Beggs

    I am so relieved by the verdict. I’m also glad that the original DA faces charges.

    Collapse
    1. Avatar photo
      Ben Connelly

      Yes.

      Collapse
    2. Avatar photo
      Dpatricola

      Can you provide links about the original DA? He deserves to be held accountable.

      Collapse
      1. Avatar photo
        Linda Beggs

        Here you go:
        https://www.news4jax.com/news/georgia/2021/09/08/ex-brunswick-da-misconduct-in-ahmaud-arbery-death-investigation-booked-into-jail/

        The DAs name is Jackie Johnson. The indictment accuses her of violating her oath as district attorney “by showing favor and affection to Greg McMichael during the investigation.” (Greg McMichael once worked as an investigator in Johnson’s office.)

        Honestly, if that video had never surfaced, those three would have literally gotten away with murder.

        Collapse
    3. Avatar photo
      Pat Riot

      I didn't see that. That's excellent.

      Collapse
Load More