Three men charged in death of Arbery file appeal of federal hate crime convictions

(CBS46)
Published: Mar. 10, 2023 at 8:39 AM EST
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GLYNN COUNTY, Ga. (WTOC) - The three men convicted of hate crimes in the killing of Ahmaud Arbery are appealing their federal convictions.

Gregory McMichael, his son Travis McMichael, and William “Roddie” Bryan were sentenced in August 2022 after being found guilty on federal hate crimes and kidnapping charges.

Attorneys for all three men filed appeals for their federal convictions on March 3, 2023.

The Government is expected to file their reply brief within 30 days. Attorneys have filed for an oral argument, but the 11th Circuit will decide whether to grant that request.

Gregory McMichael
Gregory McMichael(Georgia Department of Corrections)

Gregory McMichael

The 37-page appeal filed on behalf of Gregory McMichael challenges a number of matters. It questions whether the Government proved he acted because of Arbery’s race and color.

It also questions whether the Government proved he acted because of Arbery’s use of public facility or that he attempted to kidnap Arbery for a reward or benefit.

It further questions whether the Government proved the vehicles used during the incident were being used as “instrumentalities of interstate commerce,” and whether they proved the alleged incident occurred on a public facility.

You can find the full appeal below:

Travis McMichael
Travis McMichael(Georgia Department of Corrections)

Travis McMichael

The appeal filed on behalf of Travis McMichael, which is 81-pages long, cites some of the same factors as Gregory McMichael, including whether the Government provided sufficient evidence to support conviction for attempted kidnapping.

It also questions whether there was sufficient evidence to prove Glynn County “provided or administered” the streets of Satilla Shores neighborhood for purposes of his convictions.

Satilla Shores is the neighborhood Ahmaud Arbery was running in when he was pursued by the three men on Feb. 23, 2020.

The appeal also states the district court “abused its discretion, and committed plain error,” when it admitted a Facebook thread between anonymous Satilla Shores neighbors that offered a legal opinion the streets were public and conveyed advice on how to privatize the neighborhood streets into evidence.

It also says, “The district court abused its discretion when it admitted the NICB affidavit to prove the instrumentality prong of the attempted kidnapping charge.”

According to the appeal, Travis McMichael also feels the Government did not prove beyond a reasonable doubt he used, “an instrumentality of interstate commerce in committing the attempted kidnaping charge.”

You can find the full appeal below:

William “Roddie” Bryan
William “Roddie” Bryan(Georgia Department of Corrections)

William “Roddie” Bryan

The appeal for William “Roddie” Bryan, which is 30-pages long, agrees with Travis McMichael’s appeal, “contending that the government did not prove beyond a reasonable doubt that Glynn County, Georgia ‘provided or administered’ the streets of Satilla Shores neighborhood.”

Bryan’s appeal attempts to separate himself from the McMichaels and their actions on that day.

The appeal questions if there was sufficient evidence for the jury to find he acted as he did towards Arbery because of his race and color beyond a reasonable doubt.

It further questions if there was sufficient evidence for the jury to find he attempted to “seize and confine” Arbery because Arbery was enjoying usage of a public street beyond a reasonable doubt.

The appeal also questions whether or not there was sufficient evidence for the jury to find Bryan attempted to “seize and confine” Arbery and hold him for a reward and otherwise beyond a reasonable doubt.

You can find the full appeal below:

The three men are already serving life sentences in state prison after all were found guilty of felony murder, among other charges, in their state trial.

For the federal conviction, Travis McMichael was sentenced to life plus 10 years, Gregory McMichael was sentenced to life plus seven years, and William “Roddie” Bryan was sentenced to 35 years.

All three men are serving their sentences in Georgia state prison. Gregory McMichael has been sent to the state’s medical prison in Augusta to serve his sentence.

You can find a timeline of the case below:

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