Ahmaud Arbery, 25, was jogging in a Brunswick neighborhood Feb. 23 when a man and his son chased him down and later told police they thought he looked like the suspect in a series of recent burglaries in the area.
Wanda Cooper, Arbery's mother, told CNN Sunday that when police notified her of the son's death, she was told that the son was involved in a burglary and that there was a confrontation between the son and the homeowner and a gun fight.
"He was not armed," Cooper said. She said she never worried about him jogging because he didn't bother anyone.
There have been no charges against the father and son involved in the incident, former police officer Gregory McMichael and son Travis. CNN has contacted Gregory McMichael for comment, but he said he will not comment because he is under investigation.
"This is an ongoing investigation," the Glynn Police Department said in a statement April 28, adding that it "continues to gather and provide information to the district attorney's office assigned to the case."
Two district attorneys have abstained from possible conflicts of interest, one of which wrote that Travis McMichael acted on self-defense and that their actions fell under Georgia's national law.
Attorney Lee Merritt, who represents the family, told CNN Sunday "the decision to rely on the resident's arrest warrant is really a new invention before they just said it was self-defense." Merritt says the men are now trying to use the law to say they were trying to stop a crime.
"Under this law, you actually have to observe the crime or be in the immediate knowledge of the crime," Merritt said. "The only thing they ever said is … that Ahmaud was inside a building that was under construction and he was looking through the window. We don't know if it happened or not, but even if it did, it's not crime that would invoke the citizen's arrest laws that would allow this. "
& # 39; We expect action this week & # 39;
After the shooting, Gregory McMichael told police that he saw the same man "the other night" and that he put his hand down his pants on that occasion, leading McMichael to believe he was armed.
After watching Arbery jog, McMichael then alerted his 34-year-old son, Travis, according to a Glynn County Police report.
"Travis, the guy running down the street, let's go," McMichael said according to the report.
The two grabbed a shotgun and a gun and followed Arbery in their truck, police say. Travis McMichael, the driver, followed Arbery and then tried to cut him off, the report states. Arbery turned around and started running in the opposite direction, the police report states.
They chased Arbery to a nearby intersection where they caught him, the report states.
"Stop, stop, we'll talk to you," Gregory McMichael shouted at Arbery, according to the police report.
Travis McMichael then left the truck with the shotgun, the police report states. The father told officers Arbery "violently attacked" his son, the report said, and they were fighting for the gun. Travis McMichael fired two shots, the report states, and Arbery fell. Arbery was ruled dead by a coroner.
At best, the men had the authority to follow Arbery and send law enforcement to that place, Merritt said. The 911 calls show that the coordinator asked the men what Arbery was doing that was of criminal concern, Merritt said.
"They didn't answer that, they said, & # 39; He is a black man running down our road, & # 39;" said Merritt.
Defenders of the men also point to a shoplifting conviction in Arbery's past.
"The reference to … alleged behavior from a high school or storefront is absurd and has nothing to do with his murder," Merritt said.
He told CNN that he and the family are looking for the district attorney to prosecute the men involved in Arbery's shooting.
"We expect action this week," Merritt said.
CNN's Jason Morris contributed to this report.