Attorneys representing three white men convicted of hate crimes in the killing of Ahmaud Arbery are appealing to the 11th U.S. Circuit Court of Appeals in Atlanta to overturn their convictions. The case gained national attention after Arbery, a Black man, was chased and fatally shot by the men in a Georgia subdivision.
The men, Greg and Travis McMichael, along with William “Roddie” Bryan, were found guilty of murder in a Georgia state court in 2021. A federal trial in 2022 resulted in hate crime and attempted kidnapping convictions. The defense argues that evidence of past racist comments made by the men does not prove a racist intent in Arbery's killing.
The defense lawyers cited social media posts and text messages showing racist slurs used by the men, but claim that Arbery was pursued because the men believed he was a fleeing criminal, not because of his race. The prosecution, however, maintains that the defendants' assumptions were influenced by deep-seated prejudice towards Black people.
Travis McMichael's attorney acknowledged his client's racist motivation but based the appeal on legal technicalities, questioning the public status of the streets where the incident occurred. The defense also argued against the attempted kidnapping convictions, claiming the men did not seek any benefit and the trucks used in the chase were not an instrument of interstate commerce.
The trial judge sentenced the McMichaels to life in prison for hate crimes, with additional time for brandishing guns during the crime. Bryan received a 35-year sentence for his role in the hate crime. All three men also received 20 years for attempted kidnapping, to run concurrently with their hate crime sentences.
If the appeals court overturns the federal convictions, the men will remain in prison serving life sentences for murder in Georgia state prisons. Motions for new state trials are pending for all three defendants.
