Barnhill is the second prosecutor to recuse himself from the case - he wrote this before stepping away from the case - maybe Arbery shot himself while attempting to steal the gun?
Though Barnhill saw no conflict, he wrote, he agreed to step down. In doing so, he wrote an April 2 letter saying the McMichaels and William Bryan, a third man involved who is listed as a witness in the police report, engaged in "hot pursuit" and had "solid first-hand probable cause," as civilians, to detain Arbery.
"It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia law, this is perfectly legal," Barnhill wrote, citing state code that says civilians can arrest someone if they have immediate knowledge of an offense or if a perpetrator is trying to flee after committing a felony.
Barnhill also questioned whether Arbery might've been responsible for the gunshots by pulling on the shotgun, and he concluded Travis McMichael "was allowed to use deadly force to protect himself," he wrote in the letter to Glynn County police Capt. Tom Jump.
"Arbery's mental health records and prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man," Barnhill wrote, without elaborating.