A U.S. federal appeals court has affirmed the hate crime convictions of three white individuals who pursued Ahmaud Arbery in their Georgia neighborhood with pickup trucks, resulting in the fatal shooting of the Black man. The 11th U.S. Circuit Court of Appeals, in a ruling that took more than a year, rejected the defendants’ plea to overturn the case in March 2024, arguing that the defendants’ history of racist text messages and social media posts did not prove they targeted Arbery based on his race.
Federal prosecutors utilized the defendants’ social media content and messages from 2022 to convince a jury that the killing of Arbery stemmed from racial animosity. The appellate panel, led by Judge Elizabeth L. Branch, concluded that the prosecutors successfully demonstrated the defendants’ deep-seated biases, providing enough evidence for a reasonable juror to determine that Arbery’s race played a crucial role in the fatal pursuit.
Even if the hate crime convictions were revoked by the appeals court, the trio would not be immediately released from prison, as they are already serving life sentences for murder following their conviction in a Georgia state court.
The incident occurred on February 23, 2020, when father and son Greg and Travis McMichael, accompanied by their neighbor William (Roddie) Bryan, chased and fatally shot 25-year-old Arbery after spotting him running in their neighborhood near Brunswick. The killing was captured in a video recorded by Bryan, which circulated online after more than two months without any arrests. The ensuing public outcry over Arbery’s death led to national protests against racial injustice, prompting the Georgia Bureau of Investigation to take over the case and eventually press charges against the perpetrators.
In late 2021, all three men were found guilty of murder in a state court trial. Subsequently, in early 2022, they were convicted of hate crimes and attempted kidnapping in a U.S. District Court trial.
The defense teams of Bryan and Greg McMichael criticized the prosecution’s use of numerous racist social media posts and text messages as well as witness testimonies during the federal appeals. Despite arguments that the statements were abhorrent, the appeals judges dismissed the defense’s claims, emphasizing that there was no evidence suggesting Arbery had committed any crimes in the neighborhood at the time of his death.
Travis McMichael’s attorney, Amy Lee Copeland, did not contest her client’s racism but focused on legal technicalities in the appeal. The defense argued that prosecutors failed to establish that the incident occurred on public roads, as indicated in the indictment. However, the 11th Circuit rejected this argument.
The trial judge handed down life sentences to both McMichaels for their hate crime convictions, with additional years for brandishing weapons during violent acts. Bryan received a 35-year prison sentence for his involvement in the hate crime, considering his lack of arms and the pivotal role his video played in the case.
