A U.S. federal appeals court has affirmed the hate crime convictions of three white individuals who pursued Ahmaud Arbery in their Georgia community with pickup trucks, resulting in the fatal shooting of the Black man. The 11th U.S. Circuit Court of Appeals deliberated for more than a year before upholding the convictions despite defense arguments that the defendants’ history of racist communication did not prove their targeting of Arbery based on his race.
Prosecutors utilized the defendants’ racist social media content and messages to argue in 2022 that Arbery’s killing stemmed from racial animosity. Judge Elizabeth L. Branch, in the appellate panel’s decision, highlighted the prosecution’s presentation of the defendants’ deep-seated biases, indicating sufficient evidence for a juror to conclude that Arbery’s race was the primary motivator for the fatal pursuit.
Although the hate crime convictions were upheld, the individuals are currently serving life sentences for murder as determined by a Georgia state court. The incident, which occurred in 2020, involved father and son Greg and Travis McMichael, along with their neighbor William (Roddie) Bryan, who armed themselves and engaged in the pursuit that ended in Arbery’s death. Bryan recorded a video of Travis McMichael shooting Arbery, which fueled national outrage when it surfaced online after a delay of over two months before arrests were made.
Following the state court’s murder convictions in late 2021, a federal court jury in early 2022 also found the trio guilty of hate crimes and attempted kidnapping. Defense attorneys for Bryan and Greg McMichael criticized the prosecution’s use of racist posts and texts from the defendants, arguing that the jury was swayed by the offensive content without establishing a direct racist intent toward Arbery.
The appellate judges rejected these arguments, noting the lack of evidence linking Arbery to any criminal activity in the neighborhood and emphasizing his unarmed status at the time of the confrontation. Travis McMichael’s attorney did not contest the racism motivation but based the appeal on legal technicalities regarding the location of the incident, which was dismissed by the 11th Circuit.
The sentencing included life imprisonment for both McMichaels for the hate crime convictions, with additional years for firearm-related offenses. Bryan, who played a role in recording the incident, received a 35-year prison term for hate crimes, reflecting his lack of direct involvement in the armed pursuit.
