The white father and son convicted of murder in Ahmaud Arbery’s fatal shooting after they chased him through a Georgia neighbourhood were sentenced Monday to life in prison for committing a federal hate crime.
A U.S. District Court judge sentenced Travis McMichael and his father Greg McMichael, 66, in Brunswick, Ga. Both were previously sentenced to life without parole in a state court for Arbery’s murder.
A federal jury in February convicted Greg McMichael, Travis McMichael and neighbour William (Roddie) Bryan of violating Arbery’s civil rights, concluding they targeted him because he was Black. Bryan is also due to be sentenced on Monday.
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 the 25-year-old ran past their home on Feb. 23, 2020. Bryan 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. Investigators determined he was unarmed and had committed no crimes.
Fair trial for an ‘unfair’ killing
U.S. District Court Judge Lisa Godbey Wood said Monday that Travis McMichael had received a fair trial.
“And it’s not lost on the court that it was the kind of trial that Ahmaud Arbery did not receive before he was shot and killed,” the judge said.
Before the two sentencings, she heard from members of Arbery’s family. His mother, Wanda Cooper-Jones, said she feels every shot that was fired at her son every day.
“It’s so unfair, so unfair, so unfair that he was killed while he was not even committing a crime,” she said.
Greg McMichael addressed the Arbery family before he was sentenced, saying 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 there was no malice in my heart or my son’s heart that day,” he said.
Travis McMichael declined to address the court, but his attorney, Amy Lee Copeland, said her client had no convictions before Arbery’s slaying and had served in the U.S. Coast Guard. She said a lighter sentence would be more consistent with what similarly charged defendants have received in other cases, noting that the officer who killed George 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.
Racial injustice reckoning
Arbery’s killing became part of a larger national reckoning over racial injustice and killings of unarmed Black people including Floyd and Breonna Taylor in Kentucky. Those two cases also resulted in the Justice Department bringing federal charges.
“The evidence we presented at trial 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,” prosecutor Christopher Perras said before Travis McMichael was sentenced.
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, Ga., 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 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.
Copeland said during Monday’s hearing for Travis McMichael that her client has received hundreds of threats that he will be killed as soon as he arrives at state prison and that his photo has been circulated there on illegal phones.
“I am concerned, your honour, 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.”
Wood said she didn’t have the authority to order the state to relinquish custody of Travis McMichael to the Federal Bureau of Prisons, but also wasn’t inclined to do so in his case. She also declined to keep Greg McMichael in federal custody.
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.
Defence 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 neighbourhood.