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

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Ahmaud Arbery, 25, who was killed on Feb. 23 just outside the coastal town of Brunswick, became a touchstone in cross-country protests over racial and social justice in the United States.

Arbery's name has been proclaimed in chants and protest signs in demonstrations along with that of George Floyd, a Black man who was pinned to the ground by a white police officer in Minneapolis before he died on May 25.

In the Georgia case, the three accused men were not charged for more than two months after Arbery was shot to death while jogging. State investigators were called to look at the case after cellphone video of the slaying was posted on social media.

Former police officer Gregory McMichael, 64, and his son Travis, 34, are charged with murder and aggravated assault.

Their neighbor who took the cellphone video, William "Roddie" Bryan Jr., 50, was charged with murder and attempt to illegally detain and confine.
 
Wednesday, March 27th:
*Oral Arguments Hearing for all (Federal Charges-Appeal) (@ am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Travis James McMichael (34/now 36) & *Gregory Johns McMichael (64/now 66) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping, 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will & Travis: plus 1 count of discharging a firearm. Both plead not guilty. No bond. Attorney Amy Lee Copeland for Travis; Attorney Attilio J. Balbo for Gregory. Judge Wood.
*William “Roddie” Roderick Bryan, Jr. (50/now 52) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will. Plead not guilty. No bond. Attorney James Pete Theodocion for Bryan.
Federal Trial began on 2/7/22 with jury selection. 12 jurors (7 whites, 3 Blacks & one Hispanic) with 4 alternates (3 white members & 1 Pacific Islander).
Prosecuted by Assistant U.S. Attorney Tara Lyons of the Southern District of Georgia & Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
Trial ended with closing arguments on 2/21/22. Jury deliberations started on 2/21/22; approx. 2 ½ hours. 2/22/22 Jury deliberated 1 ½ hours. Total deliberations: ~4 hours.
*Verdict: Gregory McMichael: Count 1 Interference with rights: GUILTY. Count 3 Attempted kidnapping: GUILTY. Count 5 Using firearm during crime of violence: GUILTY. Sentenced (8/8/22) to life in prison plus 7 years. Will serve sentence in State prison.
*Verdict: Travis McMichael: Count 1 Interference with rights: GUILTY. Count 3 Attempted kidnapping: GUILTY. Count 4 Using firearm during crime of violence: GUILTY. Sentenced (8/8/22) to life in prison. Will serve sentence in State prison.
*Verdict: William "Roddie" Bryan: Count 2 Interference with rights: GUILTY. Count 3 Attempted kidnapping: GUILTY. Sentenced (8/8/22) to 35 years in prison.

Indictment & Court info from 7/26/21 to 2/4/22, Jury selection (Day 1-5) 2/7-2/14/22 & Trial (Day 1-7) 2/14-2/22/22 & Jury deliberations (Day 1-2) 2/21-2/22/22 & 3/22/22 & thru 8/4/22 reference post #611 here:
https://www.websleuths.com/forums/t...n-brunswick-feb-2020-arrests-6.602591/page-31

8/8/22 Update: Sentencing: Federal judge DENIES Travis McMichael's request for a transfer to federal custody. She says she doesn't have the power to do so because State brought charges, convicted & sentenced first. "You killed a man on Feb. 23, 2020," U.S. District Judge Lisa Godbey Wood noted, noting that the video is seared into the court's memory. "A jury found that you acted because of the color of Mr. Arbery's skin." Judge tells Travis he received "a fair trial. It was the kind of trial Ahmaud did not receive before he was shot & killed". Travis McMichael, the gunman who murdered Arbery, receives another life sentence — but he'll be in state custody, a federal judge rules.
8/8/22 Update: U.S. District Judge Lisa Godbey Wood sentenced Greg McMichael to life in prison plus 7 years. He will first serve his life sentence in State prison.
8/8/22 Update: Federal Judge Lisa Godbey Wood sentenced Bryan to 35 years. He's already serving a life sentence in State court, where he has the possibility of parole. There is no parole in the federal system. Both state & federal judges dealt him less than the McMichaels. "Let no one think that 420 months in a federal prison is a light sentence, because you don't deserve a light sentence," the judge says. Bryan was sentenced to 420 months (effectively 447 months less the 27 months he's served in jail on State charges so far). That's 35 years. She did note that his sentence in State charges is life with the possibility of parole. The judge noted that he'll be close to 90 years old when he completes his federal sentence but the victim "never got to be 26 years old."
3/3/23 Update: Federal Case: All 3 defendants are asking an appeals court to throw out their federal hate crime convictions, with two of them arguing their histories of making racist comments don’t prove they targeted Arbery because he was Black. They all filed legal briefs in their federal appeals 3/3/23 with the 11th Circuit U.S. Court of Appeals in Atlanta. Attorneys for Bryan and Greg McMichael say their hate crime convictions should be overturned because the evidence shows they pursued Arbery thinking he was a criminal, not because of his race. “Every crime committed against an African American by a man who has used racist language in the past is not a hate crime,” defense attorney Pete Theodocion said in an appellate brief written on behalf of defendant William “Roddie” Bryan. Travis McMichael’s appeal makes no effort to challenge whether racism motivated Arbery’s killing. Instead, his attorney argues a technicality, saying prosecutors failed to prove that Arbery was chased & killed on public streets — as stated in the indictment used to charge the three men. The U.S. Justice Dep,. which prosecuted the hate crimes case, has 30 days to file legal briefs in response to the hate crime appeals. The 11th Circuit has not set a date to hear oral arguments in the hate crime appeals. Both McMichaels received life prison sentences in the federal case, while Bryan was sentenced to 35 years in prison. Also pending are appeals by all three men of their murder convictions in Glynn County Superior Court.
1/26/24 Update: The 11th Circuit U.S. Court of Appeals has scheduled oral arguments hearing in the case for 3/27/24 for all 3 men in Atlanta. Attorneys for Greg & Travis McMichael & William “Roddie” Bryan are asking the court to throw out hate crime convictions returned by a jury in coastal Brunswick in 2022.
*State case - All found guilty. Judge's sentencing: Travis: Count 1: LWOP; 2-5 Vacated; Count 6: Merged with count 1; Count 7: 20 Years consecutive; Count 8: Merged with count 1; Count 9: 5 Years concurrent. (Life plus 20).
Greg: Count 2: LWOP; 2-5 Vacated; Count 6: Merged with count 2; Count 7: 20 years consecutive; Count 8: 5 years concurrent; Count 9: 5 Years Concurrent (Life Plus 20).
Bryan: Life with Parole on Count 3; Count 7: 10 years; Count 8: 5 Years concurrent; other counts were vacated. (Life with Parole after 30 years).
 
In legal briefs filed ahead of their appeals court arguments, lawyers for Greg McMichael and Bryan cited prosecutors’ use of more than two dozen social media posts and text messages, as well as witness testimony, that showed all three men using racist slurs or otherwise disparaging Black people.

In Travis McMichael’s appeal, attorney Amy Lee Copeland didn’t dispute the jury’s finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of a Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote: “I’d kill that .... .”
Instead, Copeland based her appeal on legal technicalities. She said that prosecutors failed to prove the streets of the Satilla Shores subdivision where Arbery was killed were public roads, as stated in the indictment used to charge the men.

If the U.S. appeals court overturns any of their federal convictions, both McMichaels and Bryan would remain in prison. All three are serving life sentences in Georgia state prisons for murder, and have motions for new state trials pending before a judge.

 
In legal briefs filed ahead of their appeals court arguments, lawyers for Greg McMichael and Bryan cited prosecutors’ use of more than two dozen social media posts and text messages, as well as witness testimony, that showed all three men using racist slurs or otherwise disparaging Black people.

In Travis McMichael’s appeal, attorney Amy Lee Copeland didn’t dispute the jury’s finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of a Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote: “I’d kill that .... .”
Instead, Copeland based her appeal on legal technicalities. She said that prosecutors failed to prove the streets of the Satilla Shores subdivision where Arbery was killed were public roads, as stated in the indictment used to charge the men.

If the U.S. appeals court overturns any of their federal convictions, both McMichaels and Bryan would remain in prison. All three are serving life sentences in Georgia state prisons for murder, and have motions for new state trials pending before a judge.

Thanks for that info: I hope they are not successful with this appeal.
 
A panel of judges from the 11th U.S. Circuit Court of Appeals in Atlanta was scheduled to hear oral arguments Wednesday in a case that followed a national outcry over Arbery’s death. The white men’s lawyers argue that evidence of past racist comments they made didn’t prove a racist intent to harm.

On Feb. 23, 2020, father and son Greg and Travis McMichael armed themselves with guns and drove in pursuit of Arbery after spotting the 25-year-old man running in their neighborhood outside the port city of Brunswick. A neighbor, William “Roddie” Bryan, joined the chase in his own truck and recorded cellphone video of Travis McMichael shooting Arbery in the street.
 
A panel of judges from the 11th U.S. Circuit Court of Appeals in Atlanta was scheduled to hear oral arguments Wednesday in a case that followed a national outcry over Arbery’s death. The white men’s lawyers argue that evidence of past racist comments they made didn’t prove a racist intent to harm.

On Feb. 23, 2020, father and son Greg and Travis McMichael armed themselves with guns and drove in pursuit of Arbery after spotting the 25-year-old man running in their neighborhood outside the port city of Brunswick. A neighbor, William “Roddie” Bryan, joined the chase in his own truck and recorded cellphone video of Travis McMichael shooting Arbery in the street.

re my bold red in quote - "was" ? it did not happen? or?? TIA!
Can not access the article is why I ask... not available in my region... :(
 
re my bold red in quote - "was" ? it did not happen? or?? TIA!
Can not access the article is why I ask... not available in my region... :(
The court hearing will be at the U.S. 11 Circuit Court of Appeals at 9 a.m. Wednesday in Atlanta. Along with the Arbery family, the Transformative Justice Coalition, Black Voters Matter and Georgia NAACP will be there in support of Ahmaud.

They plan to have a rally after the hearing at 10 a.m.

If the U.S. appeals court overturns any of their federal convictions, both McMichaels and Bryan would remain in prison. All three are serving life sentences in Georgia state prisons for murder, and have motions for new state trials pending before a judge.
 
The court hearing will be at the U.S. 11 Circuit Court of Appeals at 9 a.m. Wednesday in Atlanta. Along with the Arbery family, the Transformative Justice Coalition, Black Voters Matter and Georgia NAACP will be there in support of Ahmaud.

They plan to have a rally after the hearing at 10 a.m.

If the U.S. appeals court overturns any of their federal convictions, both McMichaels and Bryan would remain in prison. All three are serving life sentences in Georgia state prisons for murder, and have motions for new state trials pending before a judge.

Thank you - I can read this one! :)
 
The court hearing will be at the U.S. 11 Circuit Court of Appeals at 9 a.m. Wednesday in Atlanta. Along with the Arbery family, the Transformative Justice Coalition, Black Voters Matter and Georgia NAACP will be there in support of Ahmaud.

They plan to have a rally after the hearing at 10 a.m.

If the U.S. appeals court overturns any of their federal convictions, both McMichaels and Bryan would remain in prison. All three are serving life sentences in Georgia state prisons for murder, and have motions for new state trials pending before a judge.
Can someone clarify for me what this means? My understanding is that they have been sentenced for different crimes both federally and by the state. Is the hate crime the federal crime? Because it seems to me, that they (Travis, at least) have requested to be transferred to federal prison, probably because he thinks he'll be treated better. Yet if the federal charge is vacated, and the state crimes stand, then he has no option to be transferred.
 
Can someone clarify for me what this means? My understanding is that they have been sentenced for different crimes both federally and state-wise. Is the federal crime the hate crime? Because it seems to me, that they are requesting to be transferred to federal prison, probably because they think they'll be treated better. Yet if the federal charge is vacated, and the state crimes stand, then they have no option to be transferred.
The hate crime is federal.

The trial judge sentenced both McMichaels to life in prison for their hate crime convictions, plus additional time — 10 years for Travis McMichael and seven years for his father — for brandishing guns while committing violent crimes. Bryan received a lighter hate crime sentence of 35 years in prison, in part because he wasn’t armed and preserved the cellphone video that became crucial evidence.

All three also got 20 years in prison for attempted kidnapping, but the judge ordered that time to overlap with their hate crime sentences.

 
See my edit above re: kidnapping charges.
So if they are successful in vacating the federal charges they'd just be retried through the state. I'm a little confused.

I thought they'd had two trials and were convicted on both. The American justice system confuses me sometimes!
 
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Can someone clarify for me what this means? My understanding is that they have been sentenced for different crimes both federally and by the state. Is the hate crime the federal crime? Because it seems to me, that they (Travis, at least) have requested to be transferred to federal prison, probably because he thinks he'll be treated better. Yet if the federal charge is vacated, and the state crimes stand, then he has no option to be transferred.

Yes, the hate crime is the federal crime. Spending time in federal prison instead of state prison was part of a federal plea deal the judge rejected because it would not have given Arbery's family any say on the sentence.

Jury finds Ahmaud Arbery’s killers were racially motivated in chasing him​


A jury has found the three White men who killed Ahmaud Arbery in 2020 guilty of all charges in their federal hate crimes trial, backing prosecutors’ case that the men chased the 25-year-old through the streets of a Georgia neighborhood because he was Black.

Travis McMichael, Gregory McMichael and their neighbor William “Roddie” Bryan were found guilty of interference of rights, a federal hate crime; and attempted kidnapping.
 

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