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

[Niner]

@Seattle1 - can you access Brunswick Federal court site for this case? The next hearing I have is final pretrial hearing on 1/31/22. Still on?

TIA!

 

[kaen]

Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment Former Houston County Sheriff’s Deputy Paul Urhahn was suspended earlier this month pending termination.
Jan. 21, 2022, 8:21 AM PST / Updated Jan. 21, 2022, 9:32 AM PST
By Minyvonne Burke
A Georgia sheriff's deputy who was suspended over comments he made about the murder of Ahmaud Arbery resigned from his position.

Former Houston County Sheriff’s Deputy Paul Urhahn wrote in a letter of resignation that he was stepping away over the department's handling of the incident.

In the letter, which the department shared with NBC News, Urhahn wrote that he was exercising free speech when he called Arbery a "criminal" who "got the death penalty."<snip>
"However, as you are aware, during my off-duty time while exercising my Constitutional rights to Free Speech, a very unfortunate series of events occurred, and the manner in which they were handled, is something I cannot support."

Urhahn said after "deep consideration" he decided that he could not "continue as a member of this team and organization."

"To continue to do so would be against who I am and what I believe in," he wrote in his letter. His resignation went into effect on Wednesday. more at link: Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment

If his department has standards of conduct that go beyond when he is on duty he can't claim his free speech rights were violated. His letter is a bell weather to all in his county and the country of the kinds of thinking that may be in the mind of those who are employed to protect and serve.

It is telling that he was saying that Ahmaud Arbery deserved a death sentence for doing nothing. How many citizens were harmed as they encountered this man and his internal thoughts that he was unable to express as part of department policy? Here we have a man who clearly believes that what these men did was legal and warranted. This same man interfaces with many people every day-- some whom he may believe are guilty of a crime which he might tacitly decide to harm based on his beliefs because he deputized himself as officer, prosecutor, judge and jury in his mind.

The case against these murderers was given to a jury to determine. Fortunately, the case was not given to this man to respond to on the street or to investigate. If it had been the situation might have turned out the very same as it has. Despite a guilty verdict here, no one should assume that things have changed. JMHO

 

[kaen]

Interesting that Sheriff Talton had this to say about his former deputy:

From 'I don't put up with racism:' Houston County Sheriff reacts to deputy's online comment

"It's more damaging for a law enforcement officer to make a comment like that because he’s supposed to be upholding the law," Talton said.



Sheriff Talton believes the post may have revealed deputy Urhahn’s true feelings— thoughts that he says are difficult to vet when hiring employees.

During the internal investigation into the Facebook comment, Urhahn said to his lieutenant that he stands by his comment—adding that there weren’t any racial undertones, it was simply the facts.

"I don’t put up with racism in my department and to me, that was a racist remark.

 

[LinasK]

Interesting that Sheriff Talton had this to say about his former deputy:

From 'I don't put up with racism:' Houston County Sheriff reacts to deputy's online comment

"It's more damaging for a law enforcement officer to make a comment like that because he’s supposed to be upholding the law," Talton said.



Sheriff Talton believes the post may have revealed deputy Urhahn’s true feelings— thoughts that he says are difficult to vet when hiring employees.

During the internal investigation into the Facebook comment, Urhahn said to his lieutenant that he stands by his comment—adding that there weren’t any racial undertones, it was simply the facts.

"I don’t put up with racism in my department and to me, that was a racist remark.

It absolutely was racist, because the deputy assumed that Arbery was a criminal simply because he was black. That wasn't the death penalty. They acted as judge, jury, and executioners. This is why I would love it if BLM organized a run through Satilla Shores.

 

[Cool Cats]

Judge in Arbery death hate crimes case hears racial evidence

BRUNSWICK, Ga. (AP) — A federal judge closed his courtroom to the public Friday to hear attorneys debate whether “racially insensitive” text messages should be allowed as evidence in the hate crimes trial of three white men who chased and killed Ahmaud Arbery.

U.S. Magistrate Judge Benjamin Cheesbro spent more than two hours hearing arguments from prosecutors and defense attorneys behind closed doors, as evidence of racist actions or attitudes by the defendants had been ordered sealed from public view.

 

[Kristin Esq.]

@Seattle1 - can you access Brunswick Federal court site for this case? The next hearing I have is final pretrial hearing on 1/31/22. Still on?

TIA!

The only thing I've seen is that jury selection begins Feb. 7

 

[Kristin Esq.]

@Seattle1 - can you access Brunswick Federal court site for this case? The next hearing I have is final pretrial hearing on 1/31/22. Still on?

TIA!

Judge to decide what evidence to allow in federal hate crimes trial for Ahmaud Arbery’s killers

This article says that the final pretrial conference is on Jan. 31.

 

[Niner]

Thank you @Kristin Esq. !

 

[Niner]

Here's an interesting article that popped up on my Alerts.

'Didn't Know How to Respond': GBI Agents Describe Gregory and Travis McMichael Being 'Shocked' and 'Surprised' As They Were Being Arrested for Killing Ahmaud Arbery

 

[nyvictoria]

Here's an interesting article that popped up on my Alerts.

'Didn't Know How to Respond': GBI Agents Describe Gregory and Travis McMichael Being 'Shocked' and 'Surprised' As They Were Being Arrested for Killing Ahmaud Arbery

Of course they were shocked. They saw themselves as heroes. They were probably expecting a parade. Sickening!

 

[Hope4More]

Perhaps this is a minority opinion here, but unless there's more and different evidence than the State introduced during the probable cause & bond hearings last year for all 3 convicted murderers, 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.

IMO the feds wouldn't have charged the 3 if a hate crime law had been in place in Georgia back then. I understand why AA's family was unwilling to settle, but I hope their expectations for a federal conviction are lower than their seeming certainty of the State's case & outcome.

BTW. Did anyone else watch the Theodore Edgecombe trial? In which the defense & the defendant repeatedly invoked AA's name & claimed Edgecombe was just as much a victim as AA, and the circumstances of their cases similar? (Edgecombe is black. The victim he shot & killed was white. Edgecombe punched the victim, a passenger in the car his wife was driving, in the face at a red light, after the victim yelled a profanity at him. Edgecombe then peddled his bicycle away. The victim's wife followed him after the light turned green. The victim got out of the car to confront Edgecombe, put his fists up. Edgecombe had a gun ready, and shot the victim in the face, instantly killing him. He's claiming self-defense.

The defense put on a terrible case & the defendant made a terrible awful dreadful self-convicting witness (jury is still out) anyway, but the AA comparison was INFURIATING!

 

[sds71]

Ahmaud Arbery's mother said in a statement: "The DOJ has gone behind my back to offer the men who murdered my son a deal to make their time in prison easier for them to serve"

Ahmaud Arbery's family accuse DOJ of "betrayal" after 2 of his killers strike plea deal


Federal prosecutors have reached plea agreements with Travis McMichael and his father, Gregory McMichael, on hate crime charges they faced in the murder of Ahmaud Arbery, court documents show.

Details of the agreement were not specified in the filing, but an attorney for Arbery's mother said the family "is devastated" by the deal and vows to oppose it.
The McMichaels were sentenced to life in prison without the possibility for parole in a Glynn County, Georgia, court in early January for murdering Ahmaud Arbery, a 25-year-old Black jogger.
The men were also indicted on federal hate crimes charges. That trial was scheduled to begin February 7, according to court documents.

Ahmaud Arbery's family attorney vows to oppose federal plea deal with Travis and Gregory McMichael on hate crime charges in Arbery's murder - CNN

https://twitter.com/KaileyTracy/status/1487999648526708736?s=20&t=g2vBOxEtZsB01kU-1m-cxQ

 

[Niner]

Monday, January 31st:
*Final Pretrial Conference Hearing for all (Federal Charges) (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Travis James McMichael (34/now 35) & *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.
*William “Roddie” Roderick Bryan, Jr. (50/now 51) 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.
Trial set to begin on 2/7/22 with jury selection. Will be 12 jurors with 4 alternates. 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 with jury selection is expected to take 3 weeks.
Trial was cancelled for the McMichaels as they reached a plea deal on 1/30/22.
Indictment & Court info from 7/26/21 to 12/20/21 & State case conclusions reference post #376 here:
GUILTY - GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6
1/10/22 Update: The Dept. of Justice approached Arbery's mother, Wanda Cooper-Jones, about a plea deal that would have Travis McMichael & his father Gregory McMichael spend 30 years in prison if they admit that what they did was motivated by hate, according to Arbery family lawyer Lee Merritt. Cooper-Jones told "CBS Mornings" she rejected the deal because she wants the men to stand trial in court for the death of her son (and all of the charges associated, including those motivated by racial prejudice). She said, “I think that the federal charges are just as important as the state charges & I think that they need to stand trial for those charges as well.” Pretrial hearing on 1/21/22 & final pretrial hearing on 1/31/22.
1/21/22 Update: Whether racist text messages will be allowed as evidence in the hate crimes trial is one topic that will be discussed at a scheduled Friday hearing. One motion to be discussed, filed by Bryan, asks the judge to exclude what his lawyers call “highly inflammatory” comments of his that would “rightfully anger” …any “African-American” jurors. The judge is also expected to close the courtroom to the public & the media to hear several sealed motions. At least one involves “the racial-animus evidence [prosecutors] will seek to introduce against the defendants at trial,” buttressed by their “reasons why such evidence is relevant & admissible.” There are numerous sealed records on the court docket. U.S. Magistrate Judge Benjamin Cheesbro spent more than two hours hearing arguments from prosecutors & defense attorneys behind closed doors, as evidence of racist actions or attitudes by the defendants had been ordered sealed from public view. The judge Friday cleared the courtroom of reporters & other spectators before hearing a legal motion by Bryan’s attorney, Pete Theodocion, asking that prosecutors be prohibited from showing a jury several text messages between Bryan & others containing "racially insensitive language." The judge granted Theodocion’s request Friday to hear arguments on his motion behind closed doors, along with other legal motions already under seal, so attorneys could discuss the messages in detail without making their contents public before the case goes to trial. Theodocion told reporters outside the courtroom that the judge adjourned without ruling on whether any of the messages could be shown to a jury. Next final pretrial conference hearing on 1/31/22.
1/30/22 Update: Federal prosecutors have reached plea agreements with Travis McMichael & Gregory McMichael, on hate crime charges they faced in the murder of Ahmaud Arbery. Details of the agreement were not specified in the filing, but an attorney for Arbery's mother said the family "is devastated" by the deal & vows to oppose it. Cooper-Jones's attorney, S. Lee Merritt said he "will oppose this deal before the Court" Monday, 1/31/22.

 

[Kristin Esq.]

This is interesting.. I wonder what the plea deal says that Wanda made the comment "to make their time in prison easier for them to serve"

I also wonder what RB is going to do now.

 

[Hope4More]

This is interesting.. I wonder what the plea deal says that Wanda made the comment "to make their time in prison easier for them to serve"

I also wonder what RB is going to do now.

It's a commonly held belief that federal prisons are cushier for inmates than state facilities. IMO the MMs accepted the plea deal for the same reasons Derek Chauvin preferred to plead guilty to fed hate crime charges- to escape being sent to state prison. They are especially bad places for ex-LE.

I understand why AA's family is upset, given that, and given that they had expressly rejected the 3 being given a plea offer. IMO the Fed's put themselves in a pickle by pressing the charges to begin with. Their case simply wasn't strong enough to feel confident about securing convictions, but now the plea deal seems less a win for AA or justice than a selling out of the family.

Federal Prison vs State Prison: 15 Crucial Differences with Similarities - Core Differences

 

[kaen]

I agree Hope4More. I am flabbergasted that the family was not included in the deal discussions. What is going on with fed prosecutors in this? I hope we hear more or I guess we will find out at the reveal of the deal.

I also think it is a disservice to the Arbery family to not have these men admit in open court that they did this because they are prejudiced/racist.

 

[BUF]

Per Court TV: a hearing at 2:45 today to possibly change the plea that we will be able to listen to (not view) and cannot be recorded.

2:45 ET

 

[sds71]

@HayleyMasonTV

FBI Agent Skler Barnes: Through investigation of Travis McMichael’s cell phone, we found the repeated use of referring to African Americans as monkeys, savages, and n***ers. The defendants expressed desire for crimes to be committed against African Americans.
https://mobile.twitter.com/HayleyMasonTV/status/1488236798899798016
Fed. Prosecutor: As evidenced in his social media and text messages, the defendant (Travis McMichael) has for years has associated Black skin with criminality and he has harbored resentment toward African-American people.

Also evidenced in his text messages and social media posts, he has expressed a desire to see African Americans, specifically those he sees as criminals, to be harmed or killed.

He has expressed a desire to see African Americans, specifically those he sees as criminals, to be harmed or killed.

Federal prosecutor: The defendant (Travis McMichael) made assumptions about Ahmaud Arbery that he would not have made if Ahmaud Arbery had been white.

 

[sds71]

@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.

 

[sds71]

@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.
Arbery judge rejects guilty pleas that would have cabined her sentencing discretion & tells defendants they can now go to trial or plead with the knowledge she will impose sentence & determine whether it runs with or in addition to the state time imposed.