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

  • #401
@HayleyMasonTV

Ahmaud Arbery's mother is giving a victim's impact statement asking judge to reject the plea deal: 0317 hearing them concede they were motivated by hate this does me no good. It does my family no good. I’ve heard enough from Travis McMichael.

Wanda Cooper-Jones: Granting these men their preferred condition of confinement would defeat me. No one has asked me for my consent until this moment. The state of Georgia has already given these men exactly what they deserve. Please leave it this way.

Wanda Cooper-Jones: Ahmaud wasn’t given the option of a plea. Ahmaud was killed. Ahmaud was hunted down. I’m asking on behalf of my family. Please do not accept this plea.

Marcus Arbery asking federal judge to reject plea deal for Travis McMichael: This man hated Black people so bad he didn’t want to be around them. God created Black people to be on this earth and we aren’t going nowhere. We’re going to be here. The world can do without you.



@MissVWaters
Marcus Arbery, Sr., speaks to Judge Wood, saying he agrees with everything Wanda Cooper-Jones said. "If you had gave my son a plea, he would be walking in that door alive. Ahmaud is gone. He didn't give him no chance

Arbery's aunt (crying while asking judge to reject plea): Ya’ll destroyed our family. I’m still in counseling, going to therapy because every time I close my eyes I see Ahmaud laying in the street...Let them be an example for everybody that hates people that you cannot do this.

So much pain. Whatever else the DOJ got right or wrong on this, they sure seemed to have done an extremely bad job of what should have been one of their top priorities- communicating with AA's family.
 
  • #402
Makes sense to me!!! They are racist murderers serve state first then do the time for hate.


Conversation
Hayley Mason
@HayleyMasonTV
BREAKING: Federal Judge accepts guilty plea but rejects the request to serve federal prison sentence first. Travis McMichael is now deciding if he will withdraw his guilty plea and go to trial or keep guilty plea.
3:50 PM · Jan 31, 2022·Twitter for Android


Check that. This is the news now:


Blayne Alexander
@ReporterBlayne
·
2m
NEWS: a federal judge just REJECTED this plea deal.

Terms of deal: in exchange for admitting actions were racially motivated, McMichaels would serve 1st 30 years of life sentence in federal prison (rather than state).

Court in brief recess now.
 
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  • #403
^^^^ Guess it wasn't about sparing the family any more pain or taking responsibility. It was about serving in Club Fed.
 
  • #404
@MikeBalsamo1

BRUNSWICK, Ga. (AP) — Federal judge rejects plea deal that would have averted a hate crimes trial for the man who killed Ahmaud Arbery.

@JoyceWhiteVance


Judge rejects the plea, noting it’s an unusual 11(c)(1)(C) plea that would leave her with no discretion at sentencing & require her to impose 30 years. Tells McMichaels they can withdraw plea & go to trial or enter a plea knowing the judge retains discretion over the sentence.

?! A plea that would have given TM an out after 30 years? Is that possibly true, or did the feds intend for his State sentence of forever to be reimposed after 30 years? If the former, no wonder AA"s family felt so betrayed.

ETA. I'm confused about what was accepted & what was rejected.....
 
  • #405
?! A plea that would have given TM an out after 30 years? Is that possibly true, or did the feds intend for his State sentence of forever to be reimposed after 30 years? If the former, no wonder AA"s family felt so betrayed.

ETA. I'm confused about what was accepted & what was rejected.....

I don't think they would have gotten out after 30. It would have been 30 in federal prison and then back to GA prison as their sentences are life without parole. But 30 in fed prison would mean that older Murdering McMichael would die in federal prison most likely,. And that the younger Murdering McMichael would be older and less at risk in state prison. This is my base understanding but you never know.
 
  • #406
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  • #407
Hayley Mason
@HayleyMasonTV


CLARIFICATION: Overall, judge has REJECTED the plea agreement. She is now giving Travis McMichael up to 48 hours to decide if he will withdraw his guilty plea and head to trial or keep the guilty plea.
 
  • #408
I don't think they would have gotten out after 30. It would have been 30 in federal prison and then back to GA prison as their sentences are life without parole. But 30 in fed prison would mean that older Murdering McMichael would die in federal prison most likely,. And that the younger Murdering McMichael would be older and less at risk in state prison. This is my base understanding but you never know.

Thanks. Based on what's in the AP story, I think you are correct.
 
  • #409
  • #410
More about the hearing. GBI (special) Special Agent Deal testified.

‘I Am Not Comfortable with Accepting the Terms’: Federal Judge Rejects Plea Deal in Civil Rights Case of Ahmaud Arbery’s Convicted Murderers.

(It does not get any more tone deaf & insulting than this, especially since Lyons chose to disregard AA's family's adamant refusal to agree to a plea bargain and after going ahead with it anyway, Lyons writing up the plea bargain to explicitly disallow the family to even express their preferences at sentencing).

DOJ prosecutor Lyons: "(The plea deal) powerfully advances the larger interest of justice. (...) I understand the anger, the pain and the struggle the family is feeling because of this resolution."
 
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  • #411
Hate crimes case for men convicted of killing Ahmaud Arbery | firstcoastnews.com

The deal would have permitted father and son to serve the first 30 years of their life sentences in a federal facility, instead of a Georgia prison, in exchange for a guilty plea. A family attorney says they “vehemently objected” to the deal.

Merritt said the family is “less interested in what caused them to murder their son and more interested in the conditions of their confinement for the murder of their son.”

He said “these men jumped at the opportunity to transfer into federal custody, from the more rigorous state custody, in exchange for the statement that they were motivated by hatred by racial animus when murdering Ahmaud Arbery.
 
  • #412
You have to wonder how the DOJ approves a deal like that. Strange.
 
  • #413
You have to wonder how the DOJ approves a deal like that. Strange.

Don't know, but best case it seems as if the DOJ couldn't possibly have put much time or effort into understanding the case history, much less community sentiment or the family's wishes.

Part of the reasoning seems to have been that plea deals advanced justice because the MMs would be guaranteed a 30 year federal sentence even if their State convictions were overturned on appeal. But those convictions were well earned by the State & rock solid.
 
  • #414
" For once, listen to me. It is not fair to take away the victory I prayed & fought for. Granting these men their preferred condition of confinement would give them one last chance to spit in my face after murdering my son."

Wanda Cooper-Jones to Judge Wood
 
  • #415
I do think that a guilty verdict or plea in relation to a hate crime would further justice. It would confirm what so many already know and/or believe. But, to construct a deal without the family involvement is egregious and wrong. What was in it for the DOJ? Clearly there was nothing in it for the Arbery family. And, the McMichaels (the killers and racists --since they were willing to plead to that--- get a sweet deal. The elder would die in federal prison in all likelihood. I hope there are some supervisors looking at this tonight. Unfortunately, the Arbery family is stuck with a prosecuting team who has disrespected and ignored them. And that is truly wrong.
 
  • #416
@jeffpeguescbs
Assistant Attorney General Kristen Clarke responds to today's plea rejection in the federal hate crimes case against Travis McMichael for the killing of Ahmaud Arbery.



upload_2022-1-31_17-31-5.jpeg
 
  • #417
I don't think there is much chance of securing federal hate crime convictions against GM or Roddy. Ditto TM, unless the jury believes Roddy's assertion of what TM said over AA as he lay dying.

The SM & texts of all 3 are likely evidence enough that all 3 are racist. But, it's a different & IMO more difficult kettle of fish task to prove their murder of AA was predicated on that racism- especially given that the MM's history of vigilantism was demonstrably colorblind.
Though I agree with you regarding the point that hate crimes are difficult to prove as it near requires demonstrating the perpetrator's state of mind.

To your point regarding difficulty to show a hate crime, prosecutors declined to pursue hate crimes charges against defendants in my city.

One group was seen passing on other victims, stalking hispanics, then robbing them with over kill violence (no documented racist views). Another gang member chased and murdered a black tow truck operator. Though he lived in a house displaying racist symbolism, he could not be directly linked to it.

But... I think documented racist sentiments will clinch the convictions.

Granted, such documentation may not say point blank: "We, the defendants have racist sentiments and those sentiments alone led us to murder the victim."

Rather, I think clear documentation of racist sentiments will allow the jury to "connect the dots":

- Clear documentation of racist anti black sentiments.
- Wildly disproportionate and instant response when a black male was deemed to have committed a very minor crime (trespassing).
- Lack of evidence of a color blind approach (apparently no evidence they had aggressively accosted whites entering the neighborhood to deter them from trespassing, or had initiated instant chases with weapons of whites deemed to have trespassed etc.)
 
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  • #418
  • #419
I do think that a guilty verdict or plea in relation to a hate crime would further justice. It would confirm what so many already know and/or believe. But, to construct a deal without the family involvement is egregious and wrong. What was in it for the DOJ? Clearly there was nothing in it for the Arbery family. And, the McMichaels (the killers and racists --since they were willing to plead to that--- get a sweet deal. The elder would die in federal prison in all likelihood. I hope there are some supervisors looking at this tonight. Unfortunately, the Arbery family is stuck with a prosecuting team who has disrespected and ignored them. And that is truly wrong.

A guilty verdict would further justice. This conflicting information about plea deals & what seems to have been in them sure doesn't. What makes it worse is that the MMs approached the DOJ for these deals. Offering to say whatever the feds wanted them to say in exchange for being sent to federal prison for the first 30 isn't an admission of guilt. It's just self- serving manipulation of the system in order to gain an advantage.
 
  • #420
I suspect the McMichaels and Bryan will eventually get transferred out of state prison regardless of any plea deal, since they're too much at-risk in Georgia. It's occassionally happens in very high profile cases (like Chris Watts), and the Arbery case certainly qualifies as high profile. If anything happens to these guys whilst inside a Georgia state prison their family basically has a guaranteed foolproof claim for damages against the state. Those can get expensive very fast. The Georgia prison system is dismal mess (even more than usual for a Southern state prison system) and is currently under investigation by the feds for rampant constitutional violations. I strongly suspect the Georgia DOC wants to ship these guys out-of-state ASAP for those reasons. And all that is needed for that is for the Georgia DOC to request a transfer of the prisoner to federal authorities with the understanding that the cost of incarceration are reimbursed to the United States. If the plea deal mentioned that Travis McMichael could serve his sentence with the feds, that means the Georgia DOC and the Federal Bureau of Prisons probably already ironed out most of the details and the contract is basically in place. Also note that neither the Arbery family or the federal sentencing judge has a say in this and cannot bar this from happening. It's purely a matter between the State DOC vs. Federal Bureau of Prisons.

If I were to make an educated guess: Travis and Gregory plead guilty (no point in taking it to trial really, unless they like the change of scenery for a few weeks), take whatever sentence they receive and get transferred out of state in a year when the dust has settled a bit. The Arbery family will complain but there is nothing to be done about it.
 

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