GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6

[Cool Cats]

Are they in the same jail ?

They are still here:

Glynn County inmate roster click here.

 

[LMDlong]

They are still here:

Glynn County inmate roster click here.

Thank you

 

[sds71]

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

In separate motions filed Tuesday, attorneys for Travis McMichael and his father Greg McMichael argue that federal prosecutors failed to provide sufficient evidence that Glynn County “provided or administered” the roads, which were dedicated by a private developer to the county in 1958 — a dedication which the attorneys say was never accepted by county commissioners…

“The Ford truck was not moving in interstate commerce,” Travis McMichael's motion reads. “Its use as a putative means of corralling or detaining Arbery came from the fact that it was parked, with McMichael standing outside. This would be akin to finding an interstate commerce nexus if a person used the receiver of a rotary dial telephone to bludgeon someone or its wire cord to garrote a victim.”


motions:
DocumentCloud

 

[LinasK]

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

In separate motions filed Tuesday, attorneys for Travis McMichael and his father Greg McMichael argue that federal prosecutors failed to provide sufficient evidence that Glynn County “provided or administered” the roads, which were dedicated by a private developer to the county in 1958 — a dedication which the attorneys say was never accepted by county commissioners…

“The Ford truck was not moving in interstate commerce,” Travis McMichael's motion reads. “Its use as a putative means of corralling or detaining Arbery came from the fact that it was parked, with McMichael standing outside. This would be akin to finding an interstate commerce nexus if a person used the receiver of a rotary dial telephone to bludgeon someone or its wire cord to garrote a victim.”


motions:
DocumentCloud

Unless there are signs marking it, it's a public road- and murder is still murder no matter where it's done.

 

[Kristin Esq.]

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

In separate motions filed Tuesday, attorneys for Travis McMichael and his father Greg McMichael argue that federal prosecutors failed to provide sufficient evidence that Glynn County “provided or administered” the roads, which were dedicated by a private developer to the county in 1958 — a dedication which the attorneys say was never accepted by county commissioners…

“The Ford truck was not moving in interstate commerce,” Travis McMichael's motion reads. “Its use as a putative means of corralling or detaining Arbery came from the fact that it was parked, with McMichael standing outside. This would be akin to finding an interstate commerce nexus if a person used the receiver of a rotary dial telephone to bludgeon someone or its wire cord to garrote a victim.”


motions:
DocumentCloud

These were both interesting reads, thank you!

 

[tlcya]

re GM motion

So their argument is as to count I (A) the argument is the other two codefendants were way more overtly racist than GM and therefore the prosecution didn't prove race was his motive. We are still going with the he was specifically chasing a burglar/trespasser that he recognized as such. (ie. they doubled down on the BS)
(B) that he and his posse didn't chase him because he was running while black on a public street because hey, the road was never officially accepted by the municipality as public street from the developer when the neighborhood was built. And furthermore, clearly GM isn't racist because he has, on at least one occasion, rented to a person of color. (ie. it's okay to chase kill people running while black who don't belong on your private street in your neighborhood and it doesn't mean your a racist when you do)
Count III Kidnapping reward and benefit - prosecutors failed to show that GM kidnapped or attempted to kidnap Arbery for running while black because there was no evidence presented no evidence as to what reward or benefit GM would receive for doing so (ie. ransom or reward or other benefit) (I would argue that getting to go full on posse and confront and kill a black man was it's own reward to a racist but that's just me)
instrumentality of interstate commerce - prosecutors failed to show that GM used the truck as it was meant to be used therefore they can't use the constitutional argument that underpins this count as they used it.
Count V Brandishing Firearm in retaliation to a crime of violence - prosecution didn't prove that GM was racist and therefore can't prove he committed the crime of violence described in Count I and therefore isn't guilty of this either.

Conclusion, the other two defendants are way worse more overt racists and my client was convicted because evidence of the codefendants' racial animus was so shocking and nauseating that my client was convicted with guilt by association.

 

[tlcya]

At for TM's motion

It is basically the was the road public or private and the truck wasn't being used as it was meant to be so the instrumentality of interstate commerce thingy doesn't apply as to being used in the commission of kidnapping. and oh, yeah, the kidnapping isn't the right charge either because TM stood to gain no benefit or reward (aside from being able to chase down and kill a black man running)

Thankfully, they didn't bother to try to argue he isn't overtly racist, because that would have been jumping the shark in relation to this defendant. all MOO and interpretation of the motion.

 

[PrairieWind]

Was the issue of the road being public or private raised by the defense at trial?

 

[tlcya]

Not that I can recall reading about in the MSM tweets or articles about the trial.

 

[LinasK]

At for TM's motion

It is basically the was the road public or private and the truck wasn't being used as it was meant to be so the instrumentality of interstate commerce thingy doesn't apply as to being used in the commission of kidnapping. and oh, yeah, the kidnapping isn't the right charge either because TM stood to gain no benefit or reward (aside from being able to chase down and kill a black man running)

Thankfully, they didn't bother to try to argue he isn't overtly racist, because that would have been jumping the shark in relation to this defendant. all MOO and interpretation of the motion.

The Federal trial proved otherwise. Glad that they didn't get the plea deal.

 

[LMDlong]

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

In separate motions filed Tuesday, attorneys for Travis McMichael and his father Greg McMichael argue that federal prosecutors failed to provide sufficient evidence that Glynn County “provided or administered” the roads, which were dedicated by a private developer to the county in 1958 — a dedication which the attorneys say was never accepted by county commissioners…

“The Ford truck was not moving in interstate commerce,” Travis McMichael's motion reads. “Its use as a putative means of corralling or detaining Arbery came from the fact that it was parked, with McMichael standing outside. This would be akin to finding an interstate commerce nexus if a person used the receiver of a rotary dial telephone to bludgeon someone or its wire cord to garrote a victim.”


motions:
DocumentCloud

Crazy

 

[Niner]

@Seattle1 - I have your name down in my notes to ask about court dates. In my notes I have sentencing should happen mid-March. It is "now" mid-March - don't you think?

Anything for
Brunswick 2:20-mj-12 under Judge Wood?

TIA!

 

[sds71]

Government's opposition to McMichaels' motions for judgment of acquittal (U.S. v. McMichael et al.

"the evidence at trial overwhelmingly established that the streets of Satilla Shores were public streets…"

DocumentCloud

 

[Niner]

@Seattle1 - sorry to bother you - but in my notes I have they would get sentenced in mid-March. And since we only have one more week of March - was wondering if there might be date set yet.

TIA!

 

[Kristin Esq.]

@Seattle1 - sorry to bother you - but in my notes I have they would get sentenced in mid-March. And since we only have one more week of March - was wondering if there might be date set yet.

TIA!

The only thing I found was this article dated March 9 regarding their appeal motions, stating that sentencing hasn't been scheduled yet:

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

 

[Niner]

The only thing I found was this article dated March 9 regarding their appeal motions, stating that sentencing hasn't been scheduled yet:

McMichaels appeal federal convictions, saying Arbery killing didn't happen on a public street

Thanks! Yes, I saw that article. Guess they were wrong in reporting that the sentencing hearing would be mid-March...

 

[Niner]

We finally have sentencing dates!!

Federal hate crimes sentencing for men convicted in Ahmaud Arbery’s death set for August

April 19, 2022
BRUNSWICK, Ga. — The trio of men convicted of federal hate crimes in the death of Ahmaud Arbery will be sentenced in August.
[.....]
Travis McMichael will be sentenced on August 1 at 10 a.m.

Bryan is scheduled for a sentencing hearing at 1 p.m. on August 1.

Gregory McMichael will be the last to be sentenced at 10 a.m. on August 8.

All three hearings will take place at the federal courthouse in Brunswick.

 

[Kristin Esq.]

We finally have sentencing dates!!

Federal hate crimes sentencing for men convicted in Ahmaud Arbery’s death set for August

April 19, 2022
BRUNSWICK, Ga. — The trio of men convicted of federal hate crimes in the death of Ahmaud Arbery will be sentenced in August.
[.....]
Travis McMichael will be sentenced on August 1 at 10 a.m.

Bryan is scheduled for a sentencing hearing at 1 p.m. on August 1.

Gregory McMichael will be the last to be sentenced at 10 a.m. on August 8.

All three hearings will take place at the federal courthouse in Brunswick.

Thank you for this up to the minute update!

 

[JerseyGirl]

Arbery's killers scheduled for August hate crimes sentencing

 

[sds71]

AG prosecutors lay out new details in their case against former Brunswick DA Jackie Johnson, including a call log that shows 16 phone calls between her and murder suspect Greg McMichael in the days and weeks after Ahmaud Arbery's killing.

AG prosecutors detail their case against former Brunswick DA