A U.S. federal appeals court has affirmed the hate crime convictions of three white individuals who pursued Ahmaud Arbery in their Georgia neighborhood using pickup trucks before one of them fatally shot the Black man with a shotgun. The 11th U.S. Circuit Court of Appeals’ three-judge panel took more than a year to reach its decision after the defendants’ attorneys sought to have the case overturned in March 2024, arguing that the men’s history of racist text messages and social media posts did not demonstrate they targeted Arbery due to his race.
Prosecutors in 2022 utilized these posts and messages to convince the jury that the killing of Arbery was driven by “pent-up racial anger.” In the panel’s opinion, penned by Judge Elizabeth L. Branch, it was highlighted that during the trial, prosecutors presented evidence that each defendant harbored deep-seated prejudice, which was sufficient for a rational juror to conclude that Arbery’s race was the key factor in the fatal pursuit through the neighborhood.
Even if the appeals court had overturned their hate crime convictions, the trio would not have been immediately released from prison as they are already serving life sentences for murder following their conviction in a Georgia state court.
Greg and Travis McMichael, a father-son duo, armed themselves and used a pickup truck to chase 25-year-old Arbery after spotting him running in their neighborhood near Brunswick on Feb. 23, 2020. A neighbor, William (Roddie) Bryan, joined the pursuit and recorded a video of Travis McMichael shooting Arbery up close. The video was leaked online, prompting national outrage and leading to arrests after a delay of over two months.
All three men were found guilty of murder in a state court in late 2021. Following a second trial in U.S. District Court in early 2022, a jury convicted them of hate crimes and attempted kidnapping.
In the hate crimes case, Greg McMichael’s lawyer, A.J. Balbo, declined to comment on the appellate ruling, while attorneys for Bryan and Travis McMichael did not respond immediately to messages. Defense attorneys for Bryan and Greg McMichael criticized the prosecution’s use of numerous social media posts, text messages, and witness statements demonstrating the trio’s use of racist language against Black individuals.
The judges of the 11th Circuit dismissed these arguments, emphasizing that there was no evidence of Arbery committing any crimes in the neighborhood, as he was unarmed and had no stolen items when he was killed. Travis McMichael’s attorney, Amy Lee Copeland, did not contest her client’s racist motivations but rather based her appeal on legal technicalities, which was ultimately rejected by the court.
The trial judge sentenced both McMichaels to life imprisonment for their hate crime convictions, with additional years added for brandishing firearms during the violent acts. Bryan received a comparatively lighter sentence of 35 years for his involvement in the hate crime due to factors such as not being armed and providing the crucial video evidence.