Citizen's arrest law repealed in Georgia

Relatives of Ahmaud Arbery including sister Jasmine Arbery (left) and mother Wanda Cooper Jones (second from left) sit at the Georgia state capitol in Atlanta on Monday, May 10, 2021. They witnessed Georgia Gov. Brian Kemp sign a law repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)
Relatives of Ahmaud Arbery including sister Jasmine Arbery (left) and mother Wanda Cooper Jones (second from left) sit at the Georgia state capitol in Atlanta on Monday, May 10, 2021. They witnessed Georgia Gov. Brian Kemp sign a law repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)

ATLANTA -- The mother of a Black man pursued and killed by white men who said they suspected him of a crime says she is "thankful, very thankful" that Georgia has repealed its Civil War-era citizen's arrest law.

Wanda Cooper-Jones, the mother of Ahmaud Arbery, spoke Monday after Gov. Brian Kemp signed House Bill 479, which says bystanders can no longer make an arrest in Georgia if a crime is committed in their presence.

"I think the signing of this bill will make people think before they take action into their own hands," Cooper-Jones said. "Unfortunately, we had to lose my son in this manner. Had this bill been in place, I think it will protect young men as they are jogging down the street."

The law is a continuing reaction to Arbery's death, which was recorded on video by one of three men now charged with murder. The outcry over the shooting also pushed lawmakers last year to pass a new hate crimes law in Georgia, more than 15 years after the state Supreme Court overturned an earlier law.

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"This bill makes Georgia the first state in the country to repeal its citizen's arrest statue," said Kemp, a Republican, before signing the measure. "Today we are replacing this Civil War-era law, ripe for abuse, with language that balances the sacred right of self-defense of person and property with our shared responsibility to root out injustice and set our state on a better path forward."

Those who had long pushed for the repeal said the law was approved in 1863 to round up escaped slaves and was later used to justify the lynching of Black Americans. Some other states are now also considering repealing such laws.

Arbery, then 25, was fatally shot in February 2020 while running through a neighborhood near Brunswick on the Georgia coast. His 27th birthday would have been days ago and Cooper Jones said she viewed the law as a birthday present to her son.

The father and son who pursued Arbery -- Greg and Travis McMichael -- weren't arrested or charged until the state took over the case more than two months after the shooting. A prosecutor initially assigned to the case had cited Georgia's citizen's arrest law to argue that the shooting was justified.

Arbery's relatives continue to want to see that prosecutor criminally charged, said Lee Merritt, the family attorney.

Defense lawyers said the McMichaels pursued Arbery suspecting he was a burglar, after security cameras had previously recorded him entering a home under construction. They said Travis McMichael shot Arbery while fearing for his life as they grappled over a shotgun.

Video of the fatal encounter was recorded by William "Roddie" Bryan, a neighbor who joined the chase. All three men are charged with murder.

Prosecutors have said Arbery stole nothing and was merely out jogging when the McMichaels and Bryan chased him. They remain jailed without bail.

Issues surrounding citizen's arrest could be aired in pretrial hearings in coming days. Under the repeal bill, people who are mere bystanders or witnesses generally no longer have the right to detain people.

Deadly force can't be used to detain someone unless it's in self-protection, protecting a home or preventing a forcible felony. The changes retain Georgia's "stand your ground" law, which says a person who is being threatened isn't required to retreat.

It still allows business employees to detain people they believe stole something, and lets restaurant employees detain people who try to leave without paying for a meal. It also lets licensed security guards and private detectives detain people.

Someone who is detained must be released along with their personal belongings if a police officer or sheriff's deputy doesn't arrive within a reasonable time.

FILE - In this Feb. 23, 2021, file photo, Wanda Cooper-Jones kneels before the grave of her son, Ahmaud Arbery, at the New Springfield Baptist Church in Waynesboro, Ga., to mark the one year anniversary of Ahmaud Arbery's death in Brunswick, Ga. The Justice Department announced federal hate crime charges Wednesday, April 28, 2021, in the death of Arbery, who was killed while out for a run.(AP Photo/Lewis M. Levine, file)
FILE - In this Feb. 23, 2021, file photo, Wanda Cooper-Jones kneels before the grave of her son, Ahmaud Arbery, at the New Springfield Baptist Church in Waynesboro, Ga., to mark the one year anniversary of Ahmaud Arbery's death in Brunswick, Ga. The Justice Department announced federal hate crime charges Wednesday, April 28, 2021, in the death of Arbery, who was killed while out for a run.(AP Photo/Lewis M. Levine, file)
Relatives of Ahmaud Arbery including sister Jasmine Arbery, left, and mother Wanda Cooper Jones, second from left, sit at the Georgia state capitol in Atlanta on Monday, May 10, 2021. They witnessed Georgia Gov. Brian Kemp sign a law repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)
Relatives of Ahmaud Arbery including sister Jasmine Arbery, left, and mother Wanda Cooper Jones, second from left, sit at the Georgia state capitol in Atlanta on Monday, May 10, 2021. They witnessed Georgia Gov. Brian Kemp sign a law repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)
FILE - This combo of booking photos provided by the Glynn County, Ga., Detention Center, shows from left, Travis McMichael, his father Gregory McMichael, and William "Roddie" Bryan Jr. The Justice Department announced federal hate crime charges against the three men Wednesday, April 28,2021,  in the death of Ahmaud Arbery, a Georgia man who was killed while out for a run last year. All three are charged with one count of interference with civil rights and attempted kidnapping. The McMichaels are also charged with using, carrying and brandishing a firearm during a crime of violence.(Glynn County Detention Center via AP)
FILE - This combo of booking photos provided by the Glynn County, Ga., Detention Center, shows from left, Travis McMichael, his father Gregory McMichael, and William "Roddie" Bryan Jr. The Justice Department announced federal hate crime charges against the three men Wednesday, April 28,2021, in the death of Ahmaud Arbery, a Georgia man who was killed while out for a run last year. All three are charged with one count of interference with civil rights and attempted kidnapping. The McMichaels are also charged with using, carrying and brandishing a firearm during a crime of violence.(Glynn County Detention Center via AP)
Former state Rep Bert Reeves shakes the hand of Wanda Cooper Jones, the mother of Ahmaud Arbery at the Georgia state capitol in Atlanta on Monday, May 10, 2021. Georgia Gov. Brian Kemp signed a law sponsored by Reeves repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)
Former state Rep Bert Reeves shakes the hand of Wanda Cooper Jones, the mother of Ahmaud Arbery at the Georgia state capitol in Atlanta on Monday, May 10, 2021. Georgia Gov. Brian Kemp signed a law sponsored by Reeves repealing citizen's arrest in Georgia, partly blamed for Ahmaud Arbery's fatal shooting death near Brunswick in 2020. (AP Photo/Jeff Amy)

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