Tag Archives: Ahmaud

Ahmaud Arbery killers’ sentencing for federal hate crimes: Live updates

BRUNSWICK, Ga. (AP) — The white father and son who chased and killed Ahmaud Arbery in a Georgia neighborhood each received a second life prison sentence Monday — for committing federal hate crimes, months after getting their first for murder — at a hearing that brought a close to more than two years of criminal proceedings.

U.S. District Court Judge Lisa Godbey Wood handed down the sentences against Travis McMichael, 36, and his father, Greg McMichael, 66, reiterating the gravity of the February 2020 killing that shattered their Brunswick community. William “Roddie” Bryan, 52, who recorded cellphone video of the slaying, was sentenced to 35 years in prison.

“A young man is dead. Ahmaud Arbery will be forever 25. And what happened, a jury found, happened because he’s Black,” Wood said.

The McMichaels were previously sentenced to life without parole in state court for Arbery’s murder and had asked the judge to divert them to a federal prison to serve their sentences, saying they were worried about their safety in the state prison system. Bryan had sought to serve his federal sentence first. Wood declined all three requests.

The sentences imposed Monday brought an end to the second trial against the men responsible for Arbery’s slaying, which along with the murder of George Floyd in Minneapolis and fatal shooting of Breonna Taylor in Kentucky fueled a wave of protests across the country against the killings of unarmed Black people.

“The Justice Department’s prosecution of this case and the court’s sentences today make clear that hate crimes have no place in our country, and that the Department will be unrelenting in our efforts to hold accountable those who perpetrate them,” U.S. Attorney General Merrick Garland said in a news release. “Protecting civil rights and combatting white supremacist violence was a founding purpose of the Justice Department, and one that we will continue to pursue with the urgency it demands.”

In February, a federal jury convicted the McMichaels and Bryan of violating Arbery’s civil rights, concluding they targeted him because of his race. All three were also found guilty of attempted kidnapping, and the McMichaels were convicted of using guns in the commission of a violent crime.

The McMichaels armed themselves with guns and used a pickup truck to chase Arbery after he ran past their home on Feb. 23, 2020. Bryan, a neighbor, joined the pursuit in his own truck and recorded cellphone video of Travis McMichael shooting Arbery with a shotgun. The McMichaels told police they suspected Arbery was a burglar, but investigators determined he was unarmed and had committed no crimes.

“I’m very thankful,” Arbery’s mother, Wanda Cooper-Jones, told reporters outside the courthouse after all three sentences had been imposed. “It’s been a long fight. I’m so thankful God gave us the strength to continue to fight.”

The hearings marked the first time the men involved in the deadly chase expressed any remorse to Arbery’s family. Only Travis McMichael, who fired the fatal shots, chose to remain silent when given a chance to speak in court.

Greg McMichael told Arbery’s family their loss was “beyond description.”

“I’m sure my words mean very little to you, but I want to assure you I never wanted any of this to happen,” he said. “There was no malice in my heart or my son’s heart that day.”

Bryan said he was sorry.

“I never intended any harm to him, and I never would have played any role in what happened if I knew then what I know now,” Bryan said.

In giving Bryan a lower sentence, Wood noted he had not brought a gun to the pursuit of Arbery and preserved his cellphone video, which was crucial to the prosecutions.

Travis McMichael’s attorney, Amy Lee Copeland, said a lighter sentence would be more consistent with what similarly charged defendants have received in other cases, noting that the officer who killed Floyd in Minneapolis, Derek Chauvin, got 21 years in prison for violating Floyd’s civil rights, though he was not charged with targeting Floyd because of his race.

Greg McMichael’s attorney, A.J. Balbo, also cited the Chauvin sentence as well as his client’s age and health problems, which he said include a stroke and depression.

During the February hate crimes trial, prosecutors fortified their case that Arbery’s killing was motivated by racism by showing the jury roughly two dozen text messages and social media posts in which Travis McMichael and Bryan used racist slurs and made disparaging comments about Black people.

Prosecutor Christopher Perras said the trial evidence proved “what so many people felt in their hearts when they watched the video of Ahmaud’s tragic and unnecessary death: This would have never happened if he had been white.”

A state Superior Court judge imposed life sentences for the McMichaels and Bryan in January for Arbery’s murder, with both McMichaels denied any chance of parole. All three defendants have remained jailed in coastal Glynn County, in the custody of U.S. marshals, while awaiting sentencing after their federal convictions.

Because they were first charged and convicted of murder in a state court, they will be turned over to the Georgia Department of Corrections to serve their life terms in a state prison.

Copeland argued unsuccessfully for Travis McMichael to remain in federal custody, saying he has received hundreds of threats that he will be killed soon after arriving at state prison and that his photo has been circulated there on illegal phones.

“I am concerned your honor that my client effectively faces a back door death penalty,” she said, adding that “retribution and revenge” were not sentencing factors, even for a defendant who is “publicly reviled.”

Arbery’s father, Marcus Arbery Sr., said Travis McMichael had shown his son no mercy and deserved to “rot” in state prison.

“You killed him because he was a Black man and you hate Black people,” he said. “You deserve no mercy.”

___

Associated Press writer Sudhin Thanawala contributed to this report from Atlanta.

Read original article here

Father and son sentenced to life in prison for federal hate crimes in Ahmaud Arbery’s killing

Two of the three white men who chased and killed Ahmaud Arbery as he jogged through a Georgia neighborhood in early 2020 were sentenced to life in prison Monday for federal hate crimes. Travis McMichael, the man responsible for fatally shooting Arbery, and his father, Greg McMichael, had already been sentenced to life in prison without parole for their roles in the killing during a state trial in Georgia.

Later Monday, William “Roddie” Bryan, the man who recorded cellphone video of Arbery’s killing, was sentenced to 35 years in prison after his role in the fatal chase was deemed a federal hate crime.   

Months after the three men each received life sentences for murder in state court, all three men were sentenced Monday for federal hate crimes committed in the deadly pursuit of the 25-year-old Black man. 

From left: Travis McMichael, William “Roddie” Bryan, and Gregory McMichael during their trial in Brunswick, Georgia. All three were convicted for the murder of Ahmaud Arbery.

AP


U.S. District Court Judge Lisa Godbey Wood scheduled back-to-back hearings to individually sentence each of the defendants, starting with Travis McMichael, who fired a shotgun at Arbery after the street chase initiated by his father and joined by Bryan.

Arbery’s killing on Feb. 23, 2020, became part of a larger national reckoning over racial injustice and killings of unarmed Black people including George Floyd in Minneapolis and Breonna Taylor in Kentucky. Those two cases also resulted in the Justice Department bringing federal charges.

A jury convicted the three men in February of federal hate crimes, concluding that they violated Arbery’s civil rights and targeted him because of his race. All three men were also found guilty of attempted kidnapping, and the McMichaels face additional penalties for using firearms to commit a violent crime.

Ahmaud Arbery

Whatever punishments they receive in federal court could ultimately prove more symbolic than anything. A state Superior Court judge imposed life sentences for all three men in January for Arbery’s murder, with both McMichaels denied any chance of parole.

All three defendants have remained jailed in coastal Glynn County, in the custody of U.S. marshals, while awaiting sentencing after their federal convictions in January.

Because they were first charged and convicted of murder in a state court, protocol would have them turned them over to the Georgia Department of Corrections to serve their life terms in a state prison.

In a court filings last week, both Travis and Greg McMichael asked the judge to instead divert them to a federal prison, saying they won’t be safe in a Georgia prison system that’s the subject of a U.S. Justice Department investigation focused on violence between inmates.

Arbery’s family has insisted the McMichaels and Bryan should serve their sentences in a state prison, arguing a federal penitentiary wouldn’t be as tough. His parents objected forcefully before the federal trial when both McMichaels sought a plea deal that would have included a request to transfer them to federal prison. The judge rejected the plea agreement.

A federal judge doesn’t have the authority to order the state to relinquish its lawful custody of inmates to the Federal Bureau of Prisons, said Ed Tarver, an Augusta lawyer and former U.S. attorney for the Southern District of Georgia. He said the judge could request that the state corrections agency turn the defendants over to a federal prison.

The McMichaels armed themselves with guns and jumped in a truck to chase Arbery after spotting him running past their home outside the port city of Brunswick on Feb. 23, 2020. Bryan joined the pursuit in his own truck, helping cut off Arbery’s escape. He also recorded cellphone video of Travis McMichael shooting Arbery at close range as Arbery threw punches and grabbed at the shotgun.

The McMichaels told police they suspected Arbery had been stealing from a nearby house under construction. But authorities later concluded he was unarmed and had committed no crimes. Arbery’s family has long insisted he was merely out jogging.

Still, more than two months passed before any charges were filed in Arbery’s death. The McMichaels and Bryan were arrested only after the graphic video of the shooting leaked online and the Georgia Bureau of Investigation took over the case from local police.

During the February hate crimes trial, prosecutors fortified their case that Arbery’s killing was motivated by racism by showing the jury roughly two dozen text messages and social media posts in which Travis McMichael and Bryan used racist slurs and made disparaging comments about Black people. A woman testified to hearing an angry rant from Greg McMichael in 2015 in which he said: “All those Blacks are nothing but trouble.”

Defense attorneys for the three men argued the McMichaels and Bryan didn’t pursue Arbery because of his race but acted on an earnest — though erroneous — suspicion that Arbery had committed crimes in their neighborhood.

Read original article here

Ahmaud Arbery’s killers are set to be sentenced today on federal hate crime convictions

Travis McMichael, his father Gregory McMichael and their neighbor William “Roddie” Bryan were found guilty in February of interference with rights — a federal hate crime — and attempted kidnapping in connection with the 25-year-old Black man’s 2020 killing, with the jury accepting prosecutors’ argument the defendants acted out of racial animus toward Arbery.

Travis McMichael, who fatally shot Arbery, was also found guilty of using and carrying a Remington shotgun while his father, Gregory was found guilty of using and carrying a .357 Magnum revolver.  

The McMichaels and Bryan already are serving life sentences after being convicted in state court on a series of charges related to Arbery’s killing, including felony murder. The crimes, months before the police killing of George Floyd in Minneapolis, were in some ways harbingers of the nationwide protests that erupted that summer as demonstrators decried how people of color sometimes are treated by law enforcement.

For their federal convictions, the McMichaels and Bryan could face additional life sentences and steep fines. To make their case, federal prosecutors focused on how each defendant had spoken about Black people in public and in private, using inflammatory, derogatory and racist language.

Prosecutors and Arbery’s family had said he was out for a jog — a common pastime for the former high school football player — on February 23, 2020, when the defendants chased and killed him in their neighborhood outside Brunswick, Georgia.

Defense attorneys argued the McMichaels pursued Arbery in a pickup truck through neighborhood streets to stop him for police, believing he matched the description of someone captured in footage recorded at a home under construction. Prosecutors acknowledged Arbery had entered the home in the past, but he never took anything.

The defense also argued Travis McMichael shot Arbery in self-defense as they wrestled over McMichael’s shotgun. Bryan joined the pursuit in his own truck after seeing the McMichaels follow Arbery in their pickup as he ran; Bryan recorded video of the shooting.

Two prosecutors initially instructed Glynn County police not to make arrests, and the defendants weren’t arrested for more than two months — and only after Bryan’s video of the killing surfaced, sparking the nationwide outcry.

Read original article here

Ahmaud Arbery murder: 2 years later, here’s what’s next after murder and hate crime convictions for his killers

“This hate crime trial actually showed the world what was going on in the minds of the murderers who killed Ahmaud, their state of mind, what type of people they really were,” Wanda Cooper-Jones, Arbery’s mother, told CNN’s Don Lemon on Tuesday.

The White men — Travis McMichael and his father Gregory McMichael, along with neighbor William “Roddie” Bryan — pursued Arbery, who was Black, in the Satilla Shores neighborhood outside Brunswick before Travis McMichael shot him during a struggle over McMichael’s shotgun on February 23, 2020.

In their federal hate crimes trial, the three were convicted on a hate crime charge of interference of rights in addition to attempted kidnapping. The McMichaels also were convicted of gun charges.
Prosecutors in the federal trial homed in on testimony detailing how all three defendants spoke privately and publicly about Black people using inflammatory and derogatory language, including racial slurs. During closing rebuttal arguments this week, prosecutors emphasized in their argument that Arbery was killed because he was Black.

“The three defendants did not see 25-year-old Ahmaud Arbery as a fellow human being,” Assistant US Attorney Tara Lyons said, calling into question a perceived lack of remorse from the defendants after the shooting.

Federal prosecutors and Arbery’s family have said he was out on a jog when the defendants got into trucks, chased and killed him. The defense argued that the pursuit began when the elder McMichael saw Arbery running from the direction of an under-construction home, and that he believed he matched the description of someone who had been recorded there previously. A neighbor testified Arbery ran from the property just as he called police to report him there, though McMichael didn’t know about the call.
Prosecutors conceded Arbery was in the under-construction home that day and several other times — but was in the neighborhood to jog, and never broke into the home as it wasn’t locked, never took anything, and never did anything that would allow the men to pursue or stop him. They also said that White people had visited the site apparently without being chased.
Defense attorneys argued the McMichaels pursued Arbery in a pickup truck through neighborhood streets to stop him for police, and that Travis McMichael shot Arbery in self-defense as they wrestled over McMichael’s shotgun.
Prosecutors argued the defendants falsely told police after the shooting that Arbery had been caught breaking into houses, part of a pattern showing the defendants knew what they had done wrong and were trying to get away with it.
The men were convicted in November in state court on murder charges, with the McMichaels getting life in prison without parole. Bryan, who trailed the McMichaels during their chase of Arbery and recorded video of the shooting, was given a life sentence with the possibility of parole.

For the federal convictions, the three men now also could get up to life in prison and steep fines. Sentencing will be scheduled after presentencing reports are filed, Judge Lisa Godbey Wood said in court.

Family critical of earlier plea deal

Following the guilty verdicts Tuesday, Cooper-Jones thanked the Department of Justice for its work but chastised prosecutors for a proposed plea deal in January.

Cooper-Jones spoke to DOJ prosecutors and “begged them” to not take the plea deal in the case, she said.

“What we got today, we wouldn’t have gotten today if it was not for the fight that the family put up,” Cooper-Jones said. “What the (Department of Justice) did today, they were made to do today.”

Travis McMichael had agreed to plead guilty to a single hate crime charge — interference with rights — in exchange for prosecutors recommending he serve 30 years in federal prison. After completing the federal sentence, he would’ve been returned to Georgia to finish his sentence of life in prison without parole.

But Wood said she was not comfortable with the sentencing guidelines and rejected the deal. Gregory McMichael withdrew his plea agreement after Travis McMichael’s deal failed, and the three defendants entered pleas of not guilty before trial.

The Justice Department said at the time that the court’s decision would be respected, according to Assistant Attorney General Kristen Clarke, but added in a statement that prosecutors “entered the plea agreement only after the victims’ attorneys informed me that the family was not opposed to it.”

In addition to the federal and state sentences faced by the McMichaels and Bryan, attorney Ben Crump, on behalf of the Arbery family, said they plan to bring a civil suit once the criminal proceedings are over.

CNN’s Mike Hayes, Pamela Kirkland, Eliott C. McLaughlin, Angela Barajas, Melissa Alonso and Gregory Lemos contributed to this report.

Read original article here

Ahmaud Arbery’s killers found guilty on all counts in federal hate crime trial

Wanda Cooper-Jones addresses the media outside the federal courthouse in Brunswick, Georgia, on Tuesday. (Lewis Levine/AP)

Speaking outside the courthouse after the verdict was announced, Wanda Cooper-Jones, mother of Ahmaud Arbery, called out the US Department of Justice for originally agreeing to accept a plea deal from her son’s killers in federal court.

“I now want to address the members of the DOJ. I’m very thankful that you guys brought these charges of hate crime, but back on January 31, you guys accepted a plea deal with these three murderers who took my son’s life,” Cooper-Jones said.

Cooper-Jones continued: “[Arbery’s father] Marcus and two of Ahmaud’s aunties stood before the courts and begged the judge not to take a plea deal. That the DOJ, that the DOJ went before the judge and asked them to take a plea deal with these guys.”

Cooper-Jones said that she spoke to DOJ prosecutors and “begged them” to not take the plea deal in the case.

“They ignored my cry. I begged them. Even after the family stood before the judge and asked them, asked the judge to not take this plea deal, the lead prosecutor, Tara Lyons, stood up and asked the judge to ignore the family’s cry. That’s not justice for Ahmaud.” 

Arbery’s mother said that today’s verdict wouldn’t have happened “if it wasn’t for the fight that the family put up.”

“What the DOJ did today, they were made to do today. It wasn’t because of what they wanted to do. They were made to do their job today.”

Some more context: On Jan. 31, a federal judge rejected the plea deal reached by prosecutors and Travis McMichael on hate crime charges, an agreement that would have precluded his federal trial in Arbery’s killing.

McMichael had agreed to plead guilty to a single hate crime charge – interference with rights – in exchange for prosecutors recommending he serve 30 years in federal prison.

Under the agreement, McMichael, 36, would have been transferred from a state prison to federal custody.

After completing the federal sentence, he would’ve been returned to Georgia to finish his sentence of life in prison without parole. Five of those final years would have counted toward his supervised release from federal prison.

US District Judge Lisa Godbey Wood said she was not comfortable with the sentencing guidelines.

After the plea deal was rejected, McMichael and his father, Gregory McMichael, changed their pleas from guilty to not guilty.

Arbery’s mother, Wanda Cooper-Jones, was outraged by the proposed deal and said she felt betrayed by US Justice Department lawyers. She told the court a state judge gave the McMichaels exactly what they deserve – life in prison – and urged Wood not to accept the federal plea.

“Please listen to me,” Cooper-Jones told the judge. “Granting these men their preferred conditions of confinement would defeat me. It gives them one last chance to spit in my face after murdering my son.”

S. Lee Merritt, an attorney for Arbery’s mother, previously called federal prison “a country club compared to state prison,” saying the facilities are less populated, have better funding and are “generally more accommodating” than state holding facilities, according to tweets from his account.

The Arbery family was displeased prosecutors had agreed to the deal without the family’s consent, Merritt told CNN.

The Justice Department said she respected the court’s decision not to accept the plea agreement, Assistant Attorney General Kristen Clarke said, but added in a statement that prosecutors “entered the plea agreement only after the victims’ attorneys informed me that the family was not opposed to it.”

Read original article here

Ahmaud Arbery murder: Jurors are set to begin second day of deliberations in federal hate crimes trial of three men convicted

Travis McMichael, his father Gregory McMichael and neighbor William “Roddie” Bryan were previously given life prison sentences in state court, but federal charges they face — including a hate crime, interference with rights — would bring additional punishments for acts prosecutors say were racially motivated.

During the closing rebuttal arguments on Monday, prosecutor Tara Lyons emphasized the state’s position that “this offense happened” because Ahmaud was Black.

“On February 23, 2020, the three defendants did not see 25-year-old Ahmaud Arbery as a fellow human being,” Lyons said.

Defense attorneys have not denied the use of their language yet argued the facts of the case show their response to Arbery was not due to his race.

The McMichaels have claimed they pursued Arbery, who prosecutors and his family say was jogging at the time of the attack, in their vehicle because they suspected him of burglary of a home under construction near their residence outside Brunswick, Georgia. Bryan told authorities he followed the McMichaels after seeing them give chase.

Upon reaching Arbery, Travis McMichael got out of his truck with a firearm, and after a brief struggle, shot and killed Arbery.

The three men were tried in a Georgia court and found guilty on multiple murder counts in November. The McMichaels were sentenced to life in prison without parole, while Bryan — who recorded video of the shooting — was given life with the possibility of parole.
Before the federal trial, the McMichaels initially agreed to plead guilty, but the judge overseeing the case rejected the plea deal because of concerns about the sentence. The three men have since pleaded not guilty.

Jurors deliberated for more than two hours Monday before being excused for the evening. Deliberations will recommence at 9 a.m. ET.

The jury is made up of eight White jurors, three Black jurors and one Hispanic juror, according to details provided in court. Three White people and one Pacific Islander have also been selected as alternates.

Closing statements wrapped on Monday

Prosecutor Christopher J. Perras spoke at the start of the prosecution’s closing arguments Monday by going through some of the evidence presented during trial, including Facebook posts made by Greg McMichael, texts and posts by Travis McMichael, and Bryan’s use of a derogatory phrase in messages to friends.

In one example, under a Facebook video appearing to show a group of primarily Black teenagers beating a White teen, Travis McMichael commented, “I say shoot them all,” and referred to the group as “monkeys,” according to testimony from an FBI intelligence analyst.

Perras claimed the defendants also made false statements to the police by saying Arbery had been caught breaking into houses, during interviews with investigators.

“This wasn’t about trespassing. It wasn’t about neighborhood crime. It was about race. Racial assumptions, racial resentment and racial anger,” said Perras. “All three defendants saw a young Black man in their neighborhood, and they thought the worst of him.”

How the defendants acted was part of a pattern that they knew what they did was wrong, Perras said, and did what they could to try to get away with the murder. The men were not charged until more than two months after the shooting.

Defense attorneys on behalf of each of the three men also spoke Monday in closing remarks, pushing back against prosecutors’ arguments.

J. Pete Theodocion, a defense attorney for Bryan, said his client was put into a situation, which, “for all intents and purposes look like the individual had committed a crime.”

Amy Copeland, a defense attorney for Travis McMichael, said there is no evidence her client used a racial slur on the day Arbery was murdered, no evidence he was part of a hate group, no evidence of racial violence committed by McMichael and no evidence he talked about Arbery’s death in racial terms.

The defense attorney for Greg McMichael told the jury his client had tenants who were people of color.

“Those are his private facilities,” attorney A.J. Balbo said. “Gregory McMichael invited people of color, African Americans to make use of his private facilities.”

Arbery’s mother, Wanda Cooper-Jones, was seen overcome with emotion in the courtroom during the defense’s closing arguments, including when Balbo detailed the moments leading up to the fatal attack.

“He described Ahmaud as turning toward Travis and attacking Travis, which we all know now that wasn’t true,” she told reporters outside the courthouse during Monday’s lunch break. “When Ahmaud turned to Travis, Travis already had that shotgun pulled toward him.”

The timing of the closing of the trial is “great,” Cooper-Jones said, as it nears the two-year anniversary of Arbery’s death. “The anniversary date is the 23rd, and hopefully we’ll have a good verdict by the 23rd,” she said.

After recounting what Balbo claimed about her son, she said, “this has been very draining, and I’m thankful that it’s almost over.”

CNN’s Pamela Kirkland, Kevin Conlon, Maria Cartaya, Jason Hanna, Christina Maxouris, Eric Levenson, Sam Perez, Jaide Timm-Garcia and Alta Spells contributed to this report.

Read original article here

Ahmaud Arbery murder: Closing arguments to begin in hate crimes trial

After four days of testimony from 21 witnesses — only one for the defense — the government and defense teams rested their cases Friday, with several prosecution witnesses testifying the defendants used racist language in messages and conversation.
Travis McMichael; his father, Gregory McMichael; and their neighbor William “Roddie” Bryan were convicted in a state court in November of felony murder and other charges for the February 2020 killing of Arbery, a Black man, after they chased him in a neighborhood outside Brunswick, Georgia.

The jury in the federal trial in Brunswick will decide whether Arbery was killed because of the color of his skin. The three men are each charged with interference with rights — a hate crime — and attempted kidnapping. The McMichaels also face charges related to the use of firearms during a violent crime.

The defendants, who pleaded not guilty in this trial, are already serving life sentences in prison for the murder convictions, though Bryan is eligible for parole after serving 30 years, and each plan to appeal the verdicts. Convictions in this trial could bring steep fines and more life sentences.
Federal prosecutors and Arbery’s family have said he was out for a jog when he was killed. Defense attorneys in the state trial contended the McMichaels, suspecting Arbery of trespassing multiple times at an under-construction home, pursued him through neighborhood streets to conduct a citizen’s arrest. Travis McMichael argued he shot Arbery in self-defense as they wrestled over McMichael’s shotgun.
Bryan had pursued Arbery with his own vehicle and recorded video of the pursuit and shooting.
Prosecutors at the state trial said Arbery was at the construction site several times including the day of the shooting, but always without breaking in or taking anything. They argued the pursuers acted on rumors of wrongdoing; that White people visited the site apparently without being chased; and that the pursuers did not actually see Arbery at the site that day and had no immediate knowledge he’d committed a crime.

Prosecution witnesses testified about racial slurs from defendants

In the hate crimes trial, prosecutors called several witnesses last week who testified the men had used racial slurs in dialogue or in texts and social media.

One witness testified that Gregory McMichael, in talking about Black people in 2015, said “I wish they’d all die,” and “all these Blacks are nothing but trouble.”

The witness said this was followed by an “angry rant” against Black people lasting about two minutes, which she described as “really shocking.”

An FBI intelligence analyst testified texts and social media messages taken from the phones of Travis McMichael and William “Roddie” Bryan included racist insults about African Americans.

One witness was so upset recalling her interactions with the McMichaels, she left the stand in tears.

The defense’s only witness last week was a resident of the Satilla Shores neighborhood where Arbery was killed and where the defendants lived. The witness said she had lived in the neighborhood for 48 years but had never met the McMichaels or Bryan.

Her testimony was connected to a nonemergency call Gregory McMichael made about a White man possibly living under a bridge near the neighborhood — a defense effort to show the elder McMichael was worried about anyone, regardless of race, who may have been a threat to his neighborhood.

The defense has argued while the men may have used racist language, Arbery’s race was not a motivation in the fatal incident.

The panel is made up of eight White jurors, three Black jurors and one Hispanic juror, according to details provided in court. Three White people and one Pacific Islander have also been selected as alternates.

Prosecution argues defendants followed Arbery because of perceptions about Black people

The defense argued at the state murder trial that the pursuit began when the elder McMichael saw Arbery running from the direction of the under-construction home, and that he believed he matched the description of someone who’d been recorded there previously — and of someone Travis McMichael had encountered and called police about 12 nights earlier.
Unbeknownst to the McMichaels on the day of the shooting, a neighbor had just called police to report that Arbery was at the construction site alone, and that Arbery ran as the neighbor called, according to testimony.

The prosecution in the murder trial conceded surveillance videos did show Arbery at the construction site multiple times, including the day he was killed, but said that he never broke in or took anything.

During the murder trial, witnesses testified that the McMichaels did not know for certain that Arbery was at the site that day, or whether the man in the videos had ever taken anything.
In opening statements for the hate crime trial, a prosecutor said the defendants previously used racist language and followed Arbery because of their perceptions of Black people.

“At the end of the day, the evidence in this case will prove that if Ahmaud Arbery had been White, he would have gone for a jog, checked out a cool house under construction, and been home in time for Sunday supper,” Assistant US Attorney Barbara Bernstein told the jury last week. “Instead, he went out for a jog and ended up running for his life.”

The defendants’ attorneys, making separate opening statements last week, acknowledged the men had used racist language — but said that their actions toward Arbery were not related to race.

“Greg and Travis McMichael followed Ahmaud Arbery not because he was a Black man, but because he was the man who had been illegally entering the house that was under construction,” A.J. Balbo, Gregory McMichael’s defense attorney, said last week.

CNN’s Pamela Kirkland, Alta Spells, Kevin Conlon and Nick Valencia contributed to this report.

Read original article here

Ahmaud Arbery killers used racial slur in messages, witness testifies in trial

FBI analyst Amy Vaughan testified about several text messages between Travis McMichael — who fatally shot Arbery, a Black man, in February 2020 — and friends using offensive language and racist slurs.

The first text message introduced into evidence was between Travis McMichael and a friend, dated March 16, 2019, in which Vaughan said they were discussing Travis’ new job and why he liked that he didn’t work with Black people.

“They ruin everything. That’s why I love what I do now. Not a n****er in sight,” McMichael said in the message, according to Vaughan.

Vaughan also testified messages found in defendant William “Roddie” Bryan’s phone showed evidence of racial animus.

She found messages using the n-word as well and the word, “bootlip,” which she described as “Mr. Bryan’s word of choice.” She went on to explain that “bootlip” is a derogatory term for a Black person, referencing a stereotypical characterization of a Black person’s face, in her testimony.

When a prosecutor asked her if she found evidence of racial animus against African Americans during her investigation, Vaughan said she had.

The analyst also testified about a number of messages and social media posts from Travis McMichael that came up in her investigation related to racial violence. On a Facebook video of what Vaughan described as a mob beating a White teenager, McMichael posted a public comment suggesting shooting the group of primarily Black teenagers.

The three White defendants — McMichael, 36; his father, Gregory McMichael, 66; and their neighbor Bryan, 52 — were convicted in November of felony murder and other charges for Arbery’s February 2020 killing in the Satilla Shores neighborhood outside Brunswick, Georgia.
In this federal trial in Brunswick, the three men are each charged with interference with rights — a hate crime — and attempted kidnapping. The McMichaels also each face a weapons charge. The McMichaels initially agreed to plead guilty, but the judge overseeing the case rejected the plea deal because of concerns about the agreed-upon sentence. The three men have since pleaded not guilty.
Federal prosecutors and Arbery’s family have said he was out for a jog when he was killed. Defense attorneys in the state trial contended the McMichaels, suspecting Arbery of trespassing multiple times at an under-construction home, pursued him through neighborhood streets to conduct a citizen’s arrest. Travis McMichael argued he shot Arbery in self-defense as they wrestled over McMichael’s shotgun. Bryan had pursued Arbery with his own vehicle and recorded video of the pursuit and shooting.
Prosecutors at the state trial said Arbery was at the construction site several times including the day of the shooting, but always without breaking in or taking anything. They argued the pursuers acted on rumors of wrongdoing; that White people visited the site apparently without being chased; and that the pursuers did not actually see Arbery at the site that day and had no immediate knowledge he’d committed a crime, which is required to claim a citizen’s arrest.

Last year’s state murder trial avoided discussion of race. This federal hate crimes trial is more clearly focusing on race, as prosecutors must prove the men acted out of racial animus.

The defendants are already serving life sentences in prison for the murder convictions, although they have said they plan to appeal the verdicts. Convictions in this trial could bring steep fines and more life sentences.
The jury was finalized Monday morning and consists of eight White jurors, three Black jurors and one Hispanic juror, according to details provided in court. Three White people and one Pacific Islander have also been selected as alternates.

US District Court Judge Lisa Godbey Wood had warned jurors that they would hear evidence of racist statements made by the defendants.

“You may consider each statement against the defendant who made it,” the judge said, adding the jury may not consider the evidence to decide if the defendant engaged in the action or to judge the defendant’s character, but they may use it to determine whether the defendants acted because of race.

The jurors appeared to be very attentive Wednesday, looking at their individual screens while the evidence was shown but didn’t appear to express any emotion.

Leigh McMichael, mother of Travis and wife of Gregory McMichael, appeared solemn. The defendants appeared stoic and emotionless during Vaughan’s testimony, looking at the screens in front of them where the evidence could be seen.

Speaking outside the federal courthouse on Wednesday afternoon, Arbery’s mother, Wanda Cooper-Jones, said she hoped for “another guilty verdict” by the anniversary of her son’s death, February 23.

“Ain’t no quitting until we get justice for Ahmaud,” Arbery’s father, Marcus Arbery Sr., said as he was leaving the courthouse.

More messages from Travis McMichael

Vaughan testified Wednesday she reviewed the cell phones of Travis McMichael and Bryan; Instagram posts of Travis McMichael; Facebook files for all three defendants; and the Facebook account of the Satilla Shores neighborhood.

Vaughan said she had extracted the text messages from Travis McMichael’s phone the day Arbery was killed.

A text message dated January 21, 2019, referenced Travis McMichael meeting a friend at a local Cracker Barrel restaurant. Vaughan read the conversation aloud in court. The friend tells Travis, “This Cracker Barrel up here is full of some other kinds of people.” Travis’ reply used a racist slur about African Americans.

As this discussion was happening, Arbery’s father walked out of the courtroom shaking his head. He returned a short time later, still shaking his head as the testimony continued.

A Facebook message that Travis McMichael sent another friend, Vaughan testified, included a video with a Johnny Rebel song containing a racist slur. The video was played as part of the evidence in court.

The song had been edited onto another video showing a segment from “The Ellen DeGeneres Show” with a young Black boy dancing. The actual video from the show does not use the offensive song.

In another message entered into evidence, dated November 1, 2016, the day after Halloween, Travis McMichael is sent a photo from a friend. Vaughan said the photo appeared to be a “crude attempt” to depict Trayvon Martin after he was killed. The text was laughing about a man in blackface with a red splotch on a hoodie, the friend called it “the winner of Halloween 2016.”

Evidence was also entered into record that Vaughan described as showing vigilantism from the older McMichael. Vaughan described a comment from Gregory McMichael on a social media post about a stolen surfboard where he suggested he might catch the culprit, and added: “We still hang horse and board thieves up here. Woe be to the sticky-fingered bastard.”

Bryan used slurs against Black people in messages about Martin Luther King Jr. Day, witness testifies

Vaughan testified Bryan regularly used slurs against Black people in messages on Martin Luther King Jr. Day.

In what appeared to be a personal joke, Bryan was referred to as the “Grand Marshal” in a message from a friend. Vaughan testified that this was a joke that referred to the idea that Bryan would be the grand marshal of an MLK Day parade.

“He would never do that, because he doesn’t particularly care for Black people or MLK Day,” Vaughan testified as she explained the joke.

Also introduced into evidence was a WhatsApp message dated January 20, 2020, from Bryan to a friend, that was read aloud in court.

“Happy Bootlip Day,” Bryan wrote. Bryan went on to say, “I worked like a n***er today,” according to Vaughan.

Another set of WhatsApp messages discussed Bryan discovering that his daughter was dating a Black man. A message between Bryan and friend dated February 19, 2020 — four days before Arbery’s killing — had Bryan using a slur in reference to the boyfriend.

Vaughan said Bryan’s daughter’s relationship remained an ongoing theme in messages. A photo posted on Facebook of Bryan’s daughter and her Black boyfriend together was sent to Bryan in a WhatsApp message on April 8, 2020. Bryan responded that if his daughter did not care about herself, “Why should we?”

Prosecution argues defendants followed Arbery because of perceptions about Black people

The defense argued at the state murder trial that the pursuit began when the elder McMichael saw Arbery running from the direction of an under-construction home, and that he believed he matched the description of someone who’d been recorded there previously and of someone Travis McMichael had encountered and called police about 12 nights earlier.
Unbeknownst to the McMichaels on the day of the shooting, a neighbor had just called police to report that Arbery was at the construction site alone, and that Arbery ran as the neighbor called, according to testimony.

Travis McMichael also testified during the state trial that he’d seen — and called police about — a Black male near the property on a night nearly two weeks before the shooting. Because that person reached for his waistband area, he assumed the person was armed that night, he said.

The prosecution in the murder trial conceded surveillance videos did show Arbery at the construction site multiple times, including the day he was killed, but always without breaking in and without taking anything.

During the murder trial, witnesses testified that the McMichaels did not know for certain that Arbery was at the site that day, or whether the man in the videos had ever taken anything.
In opening statements for the hate crime trial, a prosecutor said the defendants previously used racist language and followed Arbery because of their perceptions of Black people.

“At the end of the day, the evidence in this case will prove that if Ahmaud Arbery had been White, he would have gone for a jog, checked out a cool house under construction, and been home in time for Sunday supper,” Assistant US Attorney Barbara Bernstein told the jury Monday. “Instead, he went out for a jog and ended up running for his life.”

The defendants’ attorneys, speaking separately, acknowledged the men had used racist language — but said that their actions toward Arbery were not related to race.

“Greg and Travis McMichael followed Ahmaud Arbery not because he was a Black man, but because he was the man who had been illegally entering the house that was under construction,” A.J. Balbo, Gregory McMichael’s defense attorney, said Monday.

Correction: An earlier version of this story misspelled Amy Vaughan’s last name.

CNN’s Kevin Conlon and Nick Valencia contributed to this report.

Read original article here

Hate Crimes Trial in Ahmaud Arbery Killing: Live Updates

Image
Credit…Pool photo by Stephen B. Morton

A federal prosecutor opened the hate crimes trial of Ahmaud Arbery’s killers on Monday afternoon by describing racist views that the three men had previously expressed, in some cases by using the coarsest of slurs.

The men, who were convicted of murder in a state court last year, had made erroneous assumptions about Mr. Arbery, the prosecutor said, because of the color of his skin.

“At the end of the day, the evidence in this case will prove that if Ahmaud Arbery had been white, he would have gone for a jog, checked out a house under construction and been home in time for Sunday supper. Instead he went out for a jog, and he ended up running for his life. Instead he ended up bleeding to death, alone and scared, in the middle of the street.”

The opening statement by Bobbi Bernstein, a lawyer with the Justice Department’s civil rights division, laid out in the starkest terms the racism that the government believes to be at the heart of the decision by the three men — Gregory McMichael, 66, his son Travis McMichael, 36, and their neighbor William Bryan, 52 — to pursue Mr. Arbery, a 25-year-old Black man, through their neighborhood on the afternoon of Feb. 23, 2020.

Ms. Bernstein recounted the harrowing five-minute chase by truck through the neighborhood, which ended when the younger Mr. McMichael shot Mr. Arbery, who was unarmed, at close range with a Remington shotgun.

The McMichaels, Ms. Bernstein said, were operating on a number of false assumptions when they suspected Mr. Arbery of committing a series of break-ins in their neighborhood. She noted that Gregory McMichael told police officers, shortly after the shooting, that Mr. Arbery had “broken into multiple houses over and over” and had probably stolen a gun from his son’s truck.

None of that, Ms. Bernstein said, was true.

Ms. Bernstein also laid out some of the evidence of the men’s racist thinking — thinking that the prosecution will use to buttress the argument that the men chased Mr. Arbery because he was Black.

She said Travis McMichael referred to Black people as “animals,” “criminals,” “monkeys,” “subhuman savages” and “niggers,” including in an electronic exchange with a friend who had sent a video of a Black man sticking a firecracker up his nose.

It would have been “cooler,” Mr. McMichael replied, using a racial slur, if the firecracker had blown the man’s head off.

Ms. Bernstein, in her arguments, repeated the racial epithets aloud, underscoring the ugliness of the men’s language. Although some of the evidence had been foreshadowed in court documents, it was jarring to hear it spoken for the first time in open court.

Ms. Bernstein also described a time that Gregory McMichael had ranted against Black people to a work colleague and described his animosity toward the civil rights leader Julian Bond, who had recently died.

The prosecutor also said that Mr. Bryan, just days before the chase of Mr. Arbery, had used a racist slur when referring to a Black man that his daughter had been dating, and called him a monkey.

Ms. Bernstein said that Mr. Bryan knew nothing about Mr. Arbery’s visits to a house under construction in the neighborhood — one of the main reasons that the McMichaels had been suspicious of Mr. Arbery, who had stopped by that house moments before they began to chase him.

She said that Mr. Bryan simply saw an unarmed Black man running down the street, being chased by men in a truck. His first thought, she said, was to help the pursuers. So he too gave chase.

Read original article here

FedEx driver D’Monterrio Gibson’s shooting inspired by Ahmaud Arbery murder

A white father and son accused of shooting a black FedEx driver as he delivered packages in Mississippi were inspired by the murder of black Georgia jogger Ahmaud Arbery, lawyers for the victim claimed.

Driver D’Monterrio Gibson, 24 was delivering packages in Brookhaven on Jan. 24 when two strangers in a pickup truck chased his unmarked van for seven minutes and fired at the vehicle at least five times, lawyers said at a Thursday press conference.

Brandon Case, 35 was charged with weapons and assault charges while his father, Gregory Case, 58 faced conspiracy charges, according to The Washington Post. The suspects were reportedly released on bond one day after being charged, a week after the shooting.

“They came out of nowhere,” Gibson said. “Even if [the van] was unmarked, civilians still can’t take the law into their own hands.”

“I’m thinking this is a racism thing,” Gibson, who was not injured during the attack, added.

Brandon Case (right) was charged with weapons and assault charges, while his father, Gregory Case (left), will face conspiracy charges — as both were released on bond.
AP Photo / Lincoln County, Miss., Sheriff’s Department

Lawyers for Gibson demanded a federal hate crime charge and asserted Thursday that local prosecutors dragged their heels on the case.

Attorney Carlos E Moore said Gibson was shot and pursued for being “black while working.”

He believed the Case men attacked him because they thought he didn’t belong in their neighborhood, drawing the comparison to the Georgia father-and-son duo that admitted to chasing and killing Arbery in 2020 along with another man.

“These people tried to be copycats, and that’s why we need full justice, not Mississippi justice. This man went to work, and they attacked him like he was a wild animal,” Moore said, claiming the incident was “clearly a copycat crime.”

D’Monterrio Gibson was delivering packages when Gregory and Brandon Case chased his FedEx van and fired at the vehicle.
AP

“Some semblance of justice was served, but we’re disappointed since we think the charges should be attempted murder because that’s what it was,” Moore said.

Brookhaven Police Chief Kenneth Collins told local station WLBT Thursday that the FBI had picked up the case that his office had built against the father and son.

“They come down this morning and got the case file and they’re going to investigate it on the federal hate crime side, because only a federal agency can do that. We are just local, we can’t bring that charge,” Collins said.

D’Monterrio Gibson stands with his legal team of attorneys — as his lawyers demanded a federal hate crime charge and asserted that local prosecutors dragged their heels on the case.
AP

Gibson recounted the attack to the Mississippi Free Press last week, saying Gregory Case cut him off in his truck while Brandon tried to gun him down.

“There’s another guy standing in the middle of the street pointing a gun at my windows and signaling to me to stop with his hands, as well as mouthing the word, ‘Stop.’ I shake my head no, I hide behind the steering wheel, and I swerve around him as well,” he told the newspaper. “As I swerve around him, he starts firing shots into my vehicle.”

Read original article here