IN THE SUPERIOR COURT OF GLYNN COUNTY

STATE OF GEORGIA

STATE OF GEORGIA, )
) INDICTMENT NO. CR-2100168
v. )
)
JACQUELYN LEE JOHNSON, ) JUDGE TURNER
Defendant. )

MOTION TO DISMISS THE ABOVE-REFERENCED INDICTMENT AND MOTION

TO UNSEAL GRAND JURY TRANSCRIPTS

COMES NOW Defendant, the Honorable former District Attorney Jacquelyn Lee

Johnson, Esq., by and through undersigned counsel and hereby files this Motion to Dismiss the

above-referenced Indictment. In support of this Motion to Dismiss, former District Attorney

Johnson shows as follows:1 2

1.

Count Two of the above-referenced Indictment wrongly charges former District Attorney

Johnson as follows:

“In the name and behalf of the citizens of Georgia, the Grand Jurors aforesaid further
charge and accuse JACQUELYN LEE JOHNSON with the offense of
OBSTRUCTION AND HINDERING A LAW ENFORCEMENT OFFICER, in
violation of O.C.G.A. § 16-10-24, for that said accused, in the County aforesaid, on or
about February 23, 2020, did knowingly and willfully hinder Stephanie Oliver and
Stephan Lowrey, law enforcement officers with Glynn County Police Department, in the
lawful discharge of their official duties by directing that Travis McMichael should not be
placed under arrest, contrary to the laws of said State, the good order, peace, and dignity
thereof.”

This pleading targets facts contained in Count Two of the above-referenced Indictment.
1

Count One of this Indictment will be targeted in later pleadings/forum. Regardless, because of
the violation of statutory law, this Motion vitiates both counts of this Indictment.
2 This Motion to Dismiss is timely filed as same is filed within ten (10) days of
arraignment. See O.C.G.A. § 17-7-110; Miller v. State, 305 Ga. 276(3), 824 S.E.2d 342 (2019);
Palmer v. State, 282 Ga. 466, 466-467, 651 S.E.2d 86 (2007).
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(See Bill of Indictment–Count Two).

2.

After 5:00 P.M. on Sunday, February 23, 2020, Glynn County Police Department

Officers telephoned an Assistant District Attorney with the Brunswick Judicial Circuit requesting

guidance concerning the investigation into the death of Mr. Arbery.3 These Officers were

immediately reminded of the fact that Greg McMichael was previously employed as an

investigator with the District Attorney’s Office in the Brunswick Judicial Circuit and thus, the

Brunswick Judicial Circuit could not provide any advice on this case since this prosecutor’s

office immediately recused from this case, in toto. Because these Glynn County Police Officers

wanted to discuss their investigation, findings and conclusions with a prosecutor, former District

Attorney Johnson requested that the adjoining Circuit’s elected Waycross Judicial Circuit

District Attorney George E. Barnhill, Esq. provide prosecutors from his office to be available to

meet with the Glynn County Officers the following day. At no time did former District Attorney

Johnson ever utter 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. Ahmaud Arbery not to be taken into custody at any time. This allegation in Count Two of

the above-referenced Indictment is a complete and utter fabrication of reality and, as discussed

herein, there are no truthful, competent facts, whatsoever, to support this specious claim.

3.

On May 5, 2020, a video was released to the public depicting the death of Mr. Arbery.

The public was immediately outraged that no one had been criminally charged with this murder.

3 These Officers never spoke with the former District Attorney of the Brunswick Judicial
Circuit, to wit: the Honorable former District Attorney Jackie Johnson, Esq.
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Notwithstanding the fact that then serving District Attorney Johnson immediately recused her

office from any involvement with this death investigation on the day Mr. Arbery was killed and

did not participate in the investigation, whatsoever, the Attorney General of the State of Georgia,

through Deputy Attorney General McGowan, directed the GBI to conduct an investigation into

former District Attorney Johnson’s supposed actions. (See Exhibit “A,” attached hereto,

Attorney General Letter dated May 11, 2020). During and after an exhaustive GBI/FBI

investigation, the Attorney General was provided the findings and recorded interviews of the

GBI/FBI which completely exonerated former District Attorney Johnson of any wrongdoing.

4.

Regardless of the fact that former District Attorney Johnson was cleared of any

wrongdoing, just over a year later, on May 24, 2021, the Georgia Attorney General began a

series of sessions with the Glynn County Grand Jury. The Attorney General presented

improperly sworn “evidence” to the Glynn County Grand Jury over several months that

culminated in the wrongful return of the present Indictment on September 2, 2021. As proven

herein, the oath administered to the Grand Jury witnesses violated statutory law. See O.C.G.A. §

15-12-68. Consistent with the GBI/FBI investigative findings, the “evidence” introduced to the

Grand Jury proved that former District Attorney Johnson did not obstruct or direct Sergeant

Oliver and/or Investigator Lowrey (or any other person) not to arrest Travis McMichael. In fact,

there is no evidence of any kind, sworn or unsworn, that any Glynn County Police Officer ever

sought to charge anyone with a crime in the death of Mr. Arbery, or was hindered from doing so.

Rather, it was the consensus of all Glynn County Police Officers involved that the killing was

one of self defense.

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 FACTUAL BACKGROUND

A. Captain Tom Jump

5.

Glynn County Police Captain Tom Jump was the supervisor of the Glynn County Police

Investigators who were assigned to the homicide case of Mr. Arbery on February 23, 2020.

Captain Jump explained to the GBI that he heard of this shooting, arrived at the crime scene

while “off duty” (accompanied by his father), and that Investigator Stephan Lowrey was

assigned as the lead Investigator for the Glynn County Police Department on Mr. Arbery’s

slaying case. Captain Jump viewed the video recording of the shooting of Mr. Arbery the day

after the homicide and was present when his Officers presented their findings to Waycross

Judicial Circuit District Attorney George E. Barnhill, Esq. on Monday, February 24, 2020.4

Captain Jump confirmed in his interview with the GBI that none of the Glynn County

Police Officers disagreed with the assessment of self defense in the killing of Mr. Arbery and the

Glynn County Police Officers were not influenced or pressured by anyone to make an arrest or

not to make an arrest in the case. Even as of Tuesday, May 19, 2020, almost three (3) months

after Mr. Arbery’s unlawful killing occurred, Captain Jump posited that the death of Mr. Arbery

was justified because it was an act of self defense. Captain Jump also stated that all Glynn

County Police Department Officers involved in this case believed that this was a self defense

slaying and thus, no arrest needed to occur. (See Exhibit “B,” attached hereto, GBI Agent

Steinberg’s Investigative Summary of the Tuesday, May 19, 2020, recorded interview with

Glynn County Police Captain Jump).5 In his June 21, 2021, testimony before the Glynn County

4 Since her office was already recused from involvement in this homicide investigation, former
District Attorney Johnson played no role at this February 24, 2020, meeting.
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Grand Jury, Captain Jump, when questioned by Senior Assistant Attorney General McGowen,

confirmed that self defense was the opinion of the Glynn County Officers and that the Officers

would not have allowed Travis McMichael to go home if he was suspected of murder. (See

Exhibit “C,” Transcript of Grand Jury Proceedings, June 21, 2021, pages 68-69, filed under

seal).6

B. Chief John Powell

6.

Glynn County Police Department Chief John Powell (who was indicted later during the

week of Sunday, February 23, 2020, under the watch of former District Attorney Johnson on

unrelated corruption charges while Chief of the Glynn County Police Department), explained

that the consensus of his law enforcement officials was that no arrest needed to be made for the

killing of Mr. Arbery on Sunday, February 23, 2020. (See Exhibit “D,” attached hereto, GBI

Special Agent Steinberg’s Investigative Summary of recorded interview with former Chief

Powell conducted by Agent Steinberg and FBI Special Agent Roberts on May 28, 2020).

C. Interim Chief Jay Wiggins

7.

On February 28, 2020, one (1) day after Glynn County Police Chief Powell was indicted,

Jay Wiggins was appointed the Interim Chief of the Glynn County Police Department. Chief

Wiggins’ predecessor, Chief Powell, explained to Interim Chief Wiggins that the shooting of Mr.

Arbery was a “. . . pretty open and shut case. . .” and that there was no need to call the GBI to

5 Exhibits attached hereto are redacted to protect non-relevant information. If this Honorable
Court directs non-redacted exhibits to be supplied, same will be done, instanter.
6 In an abundance of caution, all Grand Jury Transcripts are filed under seal. Former District
Attorney Johnson respectfully requests this Honorable Court to Order that these Grand Jury
transcripts can be made public.
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investigate this homicide. (See Exhibit “E,” attached hereto, GBI Agent Steinberg’s Investigative

Summary of the Tuesday, May 19, 2020, recorded interview with Glynn County Police

Department Interim Chief Jay Wiggins). Interim Chief Wiggins was told by Captain Tom Jump

that Captain Jump and former Chief Powell determined that the Glynn County Police

Department could handle this murder investigation and thus, did not need to ask the GBI for

assistance. Additionally, Glynn County Police Sergeant Stephanie Oliver told Interim Chief

Wiggins that because the Glynn County Police Department Detectives had no relationship with

former Law Enforcement Officer Greg McMichael, an obvious suspect in this murder, the GBI

was not needed to conduct this investigation.7 Interim Chief Wiggins explained that to his

knowledge, the Honorable former District Attorney Johnson as well as her office was recused

from Mr. Arbery’s case and did not participate, in any way in this homicide investigation.

7
It is not true that the Glynn County Police Department Officers who worked this case
had no relationship to Greg McMichael or his family members. (See Exhibit “B,” attached
hereto). Further, it must be noted that the lead Investigator on this case, Stephan Lowrey,
attended school with Greg McMichael’s daughter, who is the sister of Travis McMichael, and
Investigator Lowrey knew Greg McMichael when Greg McMichael was employed as an
investigator with the Brunswick Circuit District Attorney’s Office. (See Exhibit “F,” attached
hereto, GBI Agent Steinberg’s Investigative Summary of the recorded interview with
Investigator Lowrey conducted by Agent Steinberg and FBI Agent Roberts on Thursday, May
28, 2020). Moreover, Glynn County Police Department Officer Rod Nohilly knew Greg
McMichael’s daughter/Travis McMichael’s sister from school and even missed a telephone call
from Greg McMichael shortly after this killing, returned this missed call and Greg McMichael
told Officer Nohilly that he advised his son, Travis McMichael, to speak with Officer Nohilly
about this homicide. Not shockingly, Officer Nohilly was assigned to interview Travis
McMichael at the Glynn County Police Department. (See Exhibit “G,” GBI Special Agent
Steinberg’s Report of the recorded interview with Glynn County Police Department Officer Rod
Nohilly conducted by Agent Steinberg and FBI Agent Roberts dated May 26, 2020).
Furthermore, Glynn County Police Department Sergeant Stephanie Oliver knew Greg
McMichael from his employment at the Brunswick Circuit District Attorney’s Office. (See
Exhibit “H,” attached hereto, GBI Special Agent Steinberg’s Investigative Summary of the
recorded interview of Glynn County Police Department Sergeant Stephanie Oliver conducted by
Special Agent Steinberg and FBI Special Agent Roberts on May 20, 2020).

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Interim Chief Wiggins divulged that Sergeant Oliver as well as Captain Jump both agreed that

this case was one of self defense. (See Exhibit “E,” attached hereto). There is not a scintilla of

evidence that the Honorable former District Attorney Johnson ever knowingly and/or willfully

hindered any Law Enforcement Officer(s) from arresting anyone tied to the murder of Mr.

Arbery as alleged by the Grand Jury. Yet, the Indictment was improperly returned and permitted

the media and some in our community/society to wrongly lambaste an innocent human being. It

is unconscionable, unethical and illegal to permit Count Two to survive when all evidence

supports no wrongdoing by former District Attorney Johnson, a wholly innocent person.8

D. Officer Rod Nohilly

8.

Glynn County Police Department Sergeant Stephanie Oliver asked Glynn County Police

Officer Rod Nohilly (who was off duty but traveled to this scene on Sunday, February 23, 2020)

to interview Travis McMichael at the Glynn County Police Department. Interestingly, while

Glynn County Police Officer Nohilly was driving to the scene of this homicide, he missed a

telephone call from Greg McMichael and when Officer Nohilly returned the call, Greg

McMichael alerted him that he told his son, Travis McMichael, to speak with Officer Nohilly

and not to invoke his right to counsel.9 Officer Nohilly knew Greg McMichael’s daughter/Travis

McMichael’s sister from school. Officer Nohilly also explained that the Glynn County Police

Department Officials had the “shared opinion” that probable cause was not present to make any

8
Count One is also specious and will be lawfully attacked by former District Attorney
Johnson at a later date. (See Footnote 1, supra).
9
This is eye opening information which would cause even a casual observer to believe
that there clearly existed a conflict with the Glynn County Police Department investigating the
murder of Mr. Arbery. (Please see Footnote 6, supra). (See entire investigation).
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arrest of Travis McMichael or the other perpetrators. (See Exhibit “G,” attached hereto, GBI

Special Agent Steinberg’s Investigative Summary of recorded interview with Officer Nohilly

conducted by Agent Steinberg and FBI Agent Roberts on May 26, 2020). Specifically, the

following exchange occurred between Officer Nohilly and Travis McMichael:

Officer Nohilly: Umm..You’re going home today. Just so you know.

Travis McMichael: O.K.

Officer Nohilly: I’ve talked to the other investigators. We’re...you know. It is what
it is, right. You’re not being charged or anything like that.

(Exhibit “I,” Travis McMichael Interview Video/Audio dated February 23, 2020 at 4:06 P.M.).

Minutes later, Officer Nohilly entered a separate interview room where Greg McMichael

was located and informed Greg McMichael that there will not be any charges and the case will

be forwarded to the District Attorney’s Office for review. (See Exhibit “J,” Greg McMichael

Interview Video/Audio dated February 23, 2020 at 4:19 P.M.). These promises of no arrest by

the Glynn County Police Department occurred well prior to contact with any District Attorney’s

Office. Hence, the allegation that the Honorable former District Attorney Johnson knowingly

and willfully hindered Sergeant Oliver and/or Investigator Lowrey from arresting Travis

McMichael is untrue, unforgivable and unsupported by any fact, whatsoever, in this case. This

injustice must be revealed. The truth must be told and heard.

E. Sergeant Stephanie Oliver

9.

On Sunday, February 23, 2020 at 5:11 P.M., Glynn County Police Department Sergeant

Stephanie Oliver and her co-workers called Assistant District Attorney Liberty Stewart, Esq.

from Sergeant Oliver’s cellular telephone from the Glynn County Police Department. Critically,

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Sergeant Oliver, a named “victim” in Count Two of the above-referenced Indictment, opined that

the video of this shooting supported a self defense claim. Assistant District Attorney Stewart

needed assistance responding to the police pfficers’ inquiry and contacted her co-worker,

Assistant District Attorney Rocky Bridges, Esq., who then called Sergeant Oliver. Investigator

Lowrey “briefed” Assistant District Attorney Bridges on this case. At 5:35 P.M. on Sunday,

February 23, 2020, Assistant District Attorney Bridges informed Sergeant Oliver and her co-

workers that former District Attorney Johnson’s Office was recused from this case and could not

assist in giving any advice on same.10 Importantly, Sergeant Oliver stated to GBI Special Agent

Steinberg as well as FBI Special Agent Roberts that no one pressured her to arrest or not arrest

anyone in this case. (See Exhibit “H,” attached hereto, GBI Special Agent Steinberg’s

Investigative Summary of recorded interview with Sergeant Oliver conducted by Agent

Steinberg and FBI Agent Roberts on May 20, 2020). Sergeant Oliver declared, unequivocally,

that no prosecutor with former District Attorney Johnson’s Office, including former District

Attorney Johnson herself, gave the Glynn County Police Department any edict not to arrest

anyone. The allegations in Count Two are baseless.

On July 19, 2021, Glynn County Police Sergeant Stephanie Oliver and Investigator

Stephan Lowrey, the two (2) named “victims” in Count Two of this Indictment who were

allegedly forced to surrender their will and not arrest Travis McMichael, appeared before the

Glynn County Grand Jury that wrongly indicted former District Attorney Johnson. Sergeant

Oliver made it clear to the Grand Jury that she was in no way prevented from making any arrests

by former District Attorney Johnson or anyone else in the Brunswick Judicial Circuit District

10 The Honorable former District Attorney Johnson was not a party to any
communication with law enforcement regarding this matter on Sunday, February 23, 2020.
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Attorney’s Office.

(See Exhibit “K,” Transcript of Grand Jury Proceedings, July 19, 2021, pages 11, 13-14, filed
under seal).

F. Officer Stephan Lowrey

10.

Glynn County Police Department Law Enforcement Officer Stephan Lowrey responded

to the scene of Mr. Arbery’s demise on Sunday afternoon, February 23, 2020 and was assigned

the role of lead Investigator on this case. After accumulating information, speaking with

witnesses and hearing from his co-workers, Investigator Lowrey described this homicide as a

“gray area” and this killing was not “black and white” and thus, Law Enforcement Officers

initiated a call with Brunswick Circuit Assistant District Attorneys seeking advice. (See Exhibit

“F,” attached hereto). Investigator Lowrey explained that Assistant District Attorney Rocky

Bridges, Esq. was in “agreeance” that no arrest would be made on Sunday, February 23, 2020.

Critically, (1) the Honorable former District Attorney Johnson was not a party to this call nor had

she ever spoken with anyone with the Police Department on the afternoon of Sunday, February

23, 2020; (2) no police official was motivated to arrest the McMichaels on Sunday, February 23,

2020; and (3) the call with Assistant District Attorney Bridges and the Glynn County Police

occurred more than an hour after these police officers already notified the McMichaels on

video/audio recording that they would not be arrested on Sunday, February 23, 2020. (See

Exhibit “F,” Exhibit “I,” Exhibit “J,” attached hereto). Therefore, the allegation that the

Honorable former District Attorney Johnson somehow interfered with or prevented any of these

Officers from arresting anyone is completely unsupported by any facts, credible or concocted. In

fact, as seen throughout (1) this Motion; (2) the GBI/FBI investigation; (3) the Grand Jury

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transcripts; and (4) former District Attorney Johnson’s independent investigation, there was no

one in the Glynn County Police Department who ever claimed, in any manner, that former

District Attorney Johnson knowingly and willfully hindered Sergeant Oliver and/or Investigator

Lowrey in the lawful discharge of their official duties by somehow preventing the arrest of

Travis McMichael or any of the others involved in the death of Mr. Arbery. Further, Investigator

Lowrey declared that there was no reason for any arrest to be made and that decision was agreed

to by all police. (See Exhibit “F,” attached hereto). Even as of May 28, 2020, Investigator

Lowrey still professed his strong belief that the killing of Mr. Arbery was justified. No police

officer would be hindered by another from making an arrest when the relevant Officers believed

that the killing was justified. Again, Count Two is not based in fact.11

Also, at the July 19, 2021, session before the Grand Jury, Investigator Lowrey, a named

“victim” in Count Two, affirmed what he had told the GBI/FBI a year earlier. (See Exhibit “K,”

Transcript of Grand Jury Proceedings, July 19, 2021, page 104, filed under seal).When the

Assistant Attorney General pressed Investigator Lowrey about his contact with the Brunswick

Judicial Circuit District Attorney’s Office on the day of the shooting, Investigator Lowrey

reiterated that the nature of the call was to seek advice concerning arrest or release. (See Exhibit

“K,” Transcript of Grand Jury Proceedings, July 19, 2021, page 106-107, filed under seal).

G. Officer Parker Marcy

11.

11
Officer Chris Lowther was present at this crime scene but had no discussions,
whatsoever, on Sunday, February 23, 2020, with anyone from the District Attorney’s Office and
thus, does not add any facts to this attack on Count Two. If this Honorable Court desires to listen
to the recording of the interview with Officer Lowther, or any other recordings, please advise
and same will be made available, instanter.

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 Glynn County Police Officer Parker Marcy explained that he was present when Sergeant

Stephanie Oliver, his immediate supervisor, communicated with Brunswick Judicial Circuit

Assistant District Attorney Liberty Stewart, Esq. as well as Brunswick Judicial Circuit Assistant

District Attorney Rocky Bridges, Esq. later in the afternoon of Sunday, February 23, 2020.

Officer Marcy explained that the McMichaels would be allowed to go home on Sunday,

February 23, 2020, and that non-recused Waycross Judicial Circuit District Attorney Barnhill

would meet with the Officers of the Glynn County Police Department the next morning for full

discussion on this case. (See Exhibit “L,” attached hereto, GBI Agent Steinberg’s Investigative

Summary of the recorded interview with Officer Marcy conducted by Agent Steinberg and FBI

Agent Roberts on Thursday, May 28, 2020).

During Grand Jury testimony, Officer Marcy explained that the police did not have

clarity of whether to make an arrest or not. (See Exhibit “M,” Transcript of Grand Jury

Proceedings, August 31, 2021, page 31, filed under seal). Again, there is not a scintilla of

evidence that the Honorable former District Attorney Johnson communicated, in any way, with

any person, to knowingly and willfully direct that Travis McMichael (or any other party to this

capital offense) not be arrested at any time, including Sunday, February 23, 2020, for the brutal

murder of Mr. Arbery. In reality, law enforcement officials with the Glynn County Police

Department had no intention of arresting Travis McMichael or anyone else on the day Mr.

Arbery was killed. Former District Attorney Johnson did not obstruct justice, whatsoever.

H. Waycross Judicial Assistant District Attorney Michelle McIntire

12.

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 Waycross Judicial Circuit Assistant District Attorney Michelle McIntire, Esq., worked

with elected District Attorney George E. Barnhill, Esq. in the Waycross District Attorney’s

Office, the Judicial Circuit adjacent to and independent from the Brunswick Judicial Circuit,

former District Attorney Johnson and her office. On Sunday, February 23, 2020, pursuant to the

purported insistence of Glynn County Law Enforcement Officers, the Honorable former District

Attorney Johnson asked District Attorney Barnhill if he could have a prosecutor available to

meet with the Glynn County Police Officers the following day. Waycross Judicial Circuit

Assistant District Attorney McIntire told the GBI that on Monday, February 24, 2020, she

remembered meeting with five (5) Glynn County Police Department Officers in the room, one

(1) being Investigator Lowrey who was the main Officer who briefed them about this

investigation. Waycross Judicial Circuit Assistant District Attorney McIntire declared that the

Officers’ position was that this killing was committed in self defense. (See Exhibit “N,” attached

hereto, GBI Special Agent Steinberg’s Investigative Summary of recorded interview with

Assistant District Attorney Michelle McIntire conducted by GBI Special Agent Steinberg and

FBI Agent Roberts on Tuesday, May 26, 2020). Importantly, a Glynn County Police Department

Official stated that the Glynn County Police have a “. . . special relationship” with Greg

McMichael.12 Again, no evidence exists that the Honorable former District Attorney Johnson

played any role in hindering the arrest of anyone in this unthinkable, offensive, unjustifiable

killing. Prosecutor McIntire testified before the Grand Jury during its June 22, 2021 session that

the Monday, February 24, 2020, meeting with the Officials of the Glynn County Police

Department gave her the impression that the Glynn County police officers wanted District

12
Yet, the Glynn County Police Department refused to call the GBI to investigate this
case. (See Footnote 6, supra).
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Attorney Barnhill and her to agree with their assessment of no arrest was needed because this

was an act of self defense. (See Exhibit “O,” Transcript of Grand Jury Proceedings, June 22,

2021, pages 16-17, filed under seal).

I. Assistant District Attorneys Liberty Stewart and Rocky Bridges

11.

Both Brunswick Judicial Circuit Assistant District Attorney Liberty Stewart, Esq. as well

as Brunswick Judicial Circuit Assistant District Attorney Rocky Bridges, Esq. were interviewed

by GBI Agent Steinberg and/or FBI Agent Roberts and neither of these Assistant District

Attorneys ever directed anyone from the Glynn County Police Department (or any other

arresting agency) to forego the police officers’ plan to arrest Travis McMichael or any other

party involved in this murder. Critically, neither of these Assistant District Attorneys declared

that former District Attorney Johnson prevented or hindered the Glynn County Police

Department, Sergeant Oliver, Investigator Lowrey or anyone else from making the arrest of

Travis McMichael or the other killers.13 (See Exhibit “P,” attached hereto, GBI Agent

Steinberg’s Investigative Summary of recorded interview with Assistant District Attorney Rocky

Bridges, Esq. on June 8, 2020; See Exhibit “ Q,” attached hereto, GBI Agent Steinberg’s

Investigative Summary of recorded interview with Assistant District Attorney Liberty Stewart,

Esq. conducted by Agent Steinberg and FBI Agent Roberts on May 20, 2020). Count Two is

It is important to note that police provided Assistant District Attorneys Stewart and
13

Bridges with information to support their premise that it was Mr. Arbery who was committing
crimes and therefore, his killing was justified. Assistant District Attorneys Stewart’s and
Bridges’ recollection are consistent with what the Glynn County Police told Mr. Arbery’s mother
that same day. See “What we know about the fatal shooting of Ahmaud Arbery,” PBS News,
May 7, 2020, quoting Ms. Wanda Cooper-Jones, “I never believed [Mr. Arbery] was
burglarizing anything. [The Glynn County Police] told [me] that, I questioned it.”

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wholly specious, unjust and is an impermissible politically motivated “hit-job.” (See Paragraph

14, infra).

J. Glynn County Commissioners Murphy and Booker

14.

The Atlanta Journal-Constitution published an article on May 8, 2020, whereby writers

Bert Roughton and Christian Boone quoted Glynn County Commissioner Dr. James Peter

Murphy as well as Glynn County Commissioner Allen Booker purportedly stating that former

District Attorney Johnson stopped the arrest of Travis McMichael and possibly the other two (2)

people involved in this crime. (See Exhibit “R,” attached hereto, AJC Article dated May 8,

2020). Commissioner Murphy specifically denied ever stating that former District Attorney

Johnson stopped the arrest of any of Mr. Arbery’s assassins. (See Exhibit “S,” attached hereto,

GBI Agent Steinberg’s Investigative Summary of recorded interview with Dr. Murphy

conducted by Agent Steinberg and GBI Agent Brown on May 15, 2020). Commissioner

Booker’s purported false hearsay statements made to the Atlanta Journal-Constitution were also

unsubstantiated. 14 Moreover, as stated earlier, any and all of these interviews are recorded and

14 Based upon information and belief, the comments of the two (2) Glynn County
Commissioners were not mere uninformed accusations, but part of a calculated strategy to shift
blame from their failed oversight of the Glynn County Police Department. The Police Chief and
three (3) other Glynn County Police Officers were under indictment and being prosecuted by the
Honorable former District Attorney Johnson’s Office at that time. (See Exhibit “T,” attached
hereto, Invoice dated “May-July 2020” paid by Glynn County Commissioners to Crisis
Management Consultant for “multiple face to face and virtual meetings with commissioners,
County Manager, County Attorney, Police Chief, provided coaching regarding media contacts,
strategy.”). Based upon information and belief, the Crisis Management “coaching” inspired
Commissioner Murphy to keep the GBI informed and suggest new avenues to impugn the
character of the Honorable former District Attorney Johnson while she continued to serve as
District Attorney. (See Exhibit “U,” attached hereto, Dr. Murphy contacts with the GBI
throughout the investigation). While the extent to which the Glynn County Commissioners
lobbied the Attorney General as part of their crisis management “strategy” is not yet in evidence,
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can be listened to in open Court with this Honorable Court’s permission.

LEGAL AUTHORITY

15.

Great prejudice has been/will be demonstrated as the Honorable former District Attorney

Johnson has been wrongly demonized in the community by the completely false and fabricated

allegations contained in this Indictment. It is clear that the Honorable former District Attorney

Johnson did not stop law enforcement from arresting Travis McMichael or any other person

involved in the unlawful slaying of Mr. Arbery. As shown above and below, there is absolutely

no competent evidence to support same. The Honorable former District Attorney Johnson’s

hands are clean of wrongdoing. (See above and all attached Exhibits). All of the Glynn County

Law Enforcement Officers directly involved in the investigation of Mr. Arbery’s murder stated,

unequivocally, that they were not influenced, whatsoever, directly or indirectly, by the

Honorable former District Attorney Johnson to forego any arrest of any perpetrator.

In general, Georgia Courts do not permit an inquiry into the sufficiency of evidence

presented to the Grand Jury for a determination of probable cause.15 See Felker v. State, 252 Ga.

351(2a), 314 S.E.2d 621 (1984). However, the general presumption that an Indictment was

returned on legal evidence may be overcome by showing that there was no competent evidence

upon which the charge could lawfully have been returned. See Evans v. State, 360 Ga. App.

596(3), 859 S.E.2d 593 (2021); State v. Scott, 344 Ga. App. 744, 811 S.E.2d 457 (2018); Felker

it does speak to the origins of this investigation that the very first interviews the GBI Agent
conducted were with Commissioner Murphy, Commissioner Booker and County Manager Alan
Ours. (See Exhibit “U,” attached hereto).
15
As shown herein, the witnesses did not present competent evidence in order to lawfully
return this Indictment since the oath administered to these Grand Jury witnesses violated the
statute. See O.C.G.A. §15-12-68.
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v. State, supra. As shown herein, armed with Grand Jury transcripts, it can be proven that there

was no competent evidence introduced at the Grand Jury proceedings that former District

Attorney Johnson hindered/obstructed any police officer at any time concerning the death

investigation regarding Mr. Arbery. Thus, Count Two must be dismissed.

Further, the oath administered to Grand Jury witnesses, including Law Enforcement

Officials Jump, Oliver, Lowrey, Nohilly and Marcy was irregular and improper. O.C.G.A. § 15-

12-68 requires the following oath be administered to all witnesses appearing before the Grand

Jury:

Do you solemnly swear or affirm that the evidence you shall give the grand jury
on this bill of indictment or presentment shall be the truth, the whole truth, and
nothing but the truth? So help you God.

Instead, the oath administered in these proceedings failed to comply with the statute. (See

Exhibits “C,” Exhibit “K,” Exhibit “M,” Transcript of Grand Jury Proceedings, June 21, July 19

and August 31, 2021, filed under seal). Therefore, these witnesses did not provide legal,

competent evidence to the Grand Jury.

In State v. Williams, 181 Ga. App. 204, 351 S.E.2d 727 (1986), our Appellate

Court taught, as follows:16 17

The Georgia courts have always insisted on strict compliance with the statutory
oath: “Unless the oath prescribed by the statute is taken by the witness, his
testimony before the grand jury does not amount to evidence, and, if false, would
not be a basis upon which perjury or false swearing could be assigned. Ashburn
v. State, 15 Ga. 246 [1854].” Switzer v. State, 7 Ga.App. 7, 10, (65 S.E. 1079)

16 Please note that O.C.G.A. § 15-12-68 has been modified since State v. Williams,
supra, was decided.
17
See also, State v. Dempsey, 290 Ga. 763(2), 727 S.E.2d 670 (2012); State v. Bartel, 223
Ga. App. 696, 479 S.E.2d 4 (1996).

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 (1909). “[A]s a prerequisite to valid testimony before a grand jury, there must be
before the grand jury some pleading, either in the form of a bill of indictment or a
special presentment, charging a named person with a specific offense, and upon
which particular case the witness must be sworn; and the only oath that can be
administered to the witness is the one, or at least substantially the one, which is
prescribed by the statute. To swear a witness generally is not sufficient. The law
does not authorize the grand jury to compel a witness to become a public informer
… [T]o swear a witness merely by stating a case against a party for a specified
offense, without in fact having the case stated in the form of any indictment or
special presentment, would not meet the requirements of the statute. The right to
question the witness is limited to the special case upon which he is sworn, and the
grand jury has no right to find any bill or to make any special presentment except
upon the testimony of a witness sworn in a particular case in which the party is
charged with a specified offense, and in which the oath administrated to the
witness is substantially the one prescribed by the statute.” Id. at 11. We find this
analysis to be as valid today as it was in 1909.

As demonstrated herein, witnesses were not sworn under the statutory oath required to be

administered to witnesses appearing before the Grand Jury. Thus, the Grand Jury did not receive

competent testimony/evidence as provided by law. The failure to have the witnesses properly

sworn demands the finding that there was no competent evidence before the Grand Jury to

support the return of the Indictment at hand. See State v. Dempsey, supra; State v. Williams,

supra. The Grand Jury can never return a valid Indictment except upon the testimony of

witnesses sworn in a particular case where the party is charged with a specified offense. In re

Lester, 77 Ga. 143 (1886); Smith v. State, 279 Ga. 48(4), 610 S.E.2d 26 (2005). Hence, for this

additional reason, an evidentiary hearing needs to be held and at the conclusion of same, this

Indictment, in toto, must be quashed. Finally, based upon information and belief, this Indictment

was not returned in open Court to a Judge competent to receive said Indictment.18 Thus, from

18
An evidentiary hearing must be held on the lawfulness of how this Indictment was
returned into open Court as former District Attorney Johnson hereby alleges, based upon
information and belief, that this Indictment was returned to a foreign Judge not competent to
receive same.

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inception to conclusion, the Grand Jury process employed to seek the instant Indictment was

fundamentally unfair/illegal. This Honorable Court must conduct an evidentiary hearing to

determine whether as a consequence of these violations of law, dismissal of the Indictment must

occur.

WHEREFORE, former District Attorney Johnson respectfully requests a hearing on this

Motion and at the conclusion of same, asks this Honorable Court to grant the above-requested

relief and dismiss the above-referenced Indictment.19

This 23rd day of March, 2022.

Respectfully submitted,

/s/ BRIAN STEEL

BRIAN STEEL
GA Bar No. 677640

/s/ JOHN J. OSSICK, JR., ESQ.

JOHN J. OSSICK, JR., ESQ.
230 South Lee Street
Post Office Box 1087
Kingsland, Georgia 31548
(912) 729-5864

Attorneys for Jacquelyn Johnson, Esq.

19
See Footnote 1, supra.
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 CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the within and foregoing MOTION

TO DISMISS THE ABOVE-REFERENCED INDICTMENT AND MOTION TO

UNSEAL GRAND JURY TRANSCRIPTS either by placing a true copy of same in the United

States Mail with adequate postage affixed thereon or by hand delivery to the following:

John Fowler, Esq.

Deputy Attorney General
2 Martin Luther King, Jr. Drive
East Tower, Suite 356
Atlanta, GA 30334

This 23rd day of March, 2022.

Respectfully submitted,

/s/ BRIAN STEEL

BRIAN STEEL
GA Bar No. 677640
Attorney for Jacquelyn Johnson, Esq.

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