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February 22, 2022

Are all three defendants who murdered Ahmaud Arbery now sure to get federal LWOP sentences following federal convictions?

The question in the title of this post is prompted by the federal court news this morning that three Georgia men, after having been tried, convicted and sentenced for 1murdering Ahmaud Arbery in state court, were found guilty on all (factually related but legally distinct) federal charges.  This USA Today piece, headlined "Ahmaud Arbery's killers found guilty of federal hate crimes, may face additional life sentence cover the basics:

A jury found three white men guilty of hate crimes and attempted kidnapping for the 2020 murder of Ahmaud Arbery after determining they targeted him because he was Black.

Father and son Gregory and Travis McMichael and their neighbor William "Roddie" Bryan — all already serving life in prison for Arbery's murder — could each face an additional life sentence. A sentencing date was not set.

The jury found each man guilty of one count of interference with rights and attempted kidnapping. The McMichaels were also convicted of using, carrying and brandishing – and in Travis McMichael’s case, firing – a gun during a crime of violence.

Shortly after the verdict was announced, Arbery’s parents emerged from the courthouse holding hands with attorney Ben Crump. They raised their clasped hands to cheers from supporters....  In a statement, Crump said he and Arbery's family "hope and demand that the severity of their crimes are reflected in the sentencing, as well."

Experts have said the federal convictions are not just a symbolic victory but ensure the defendants will serve prison time even if their state convictions are overturned on appeal. The three men were sentenced in January to life in prison after being convicted on the state murder charges; the McMichaels will not have the possibility for parole.

Hate crimes are rarely prosecuted. In Georgia, just two people were convicted of federal hate crimes from 2005 to 2019, according to the Bureau of Justice Statistics. The state did not have its own hate crime legislation until after Arbery's death.

The jury deliberated for about four hours Monday before announcing the verdict, one day before the second anniversary of Arbery's killing....

A plea deal for the McMichaels fell apart days before jury selection began. The McMichaels withdrew their pleas after the judge rejected the initial terms of the deal, under which Travis would have been sentenced to 30 years in federal prison to be served concurrently with his state sentence. Arbery's family strongly opposed the deal in court.

Because the federal judge who rejected the plea deal for the McMichaels, US District Court Judge Lisa Godbey Wood, seemed to indicate that she was troubled that the deal set a 30-year cap on her sentencing authority, I suspect she will now be inclined to give all three defendants life sentences.  In the federal system, of course, there is no parole and so all life sentences are life without parole sentences.  This would be especially significant for William "Roddie" Bryan, who is only serving life with parole as a result of his Georgia state conviction.

I believe that one notable aspect of the now-rejected plea deal was the opportunity for the McMichaels to serve their time in federal prison, which is often viewed as less awful that most state prisons.  I am unsure if these convictions after trial or future sentencing determinations will enable these defendants to serve their time in the federal pen, but I suspect they are still seeking that outcome.

Prior recent related posts:

February 22, 2022 at 04:54 PM | Permalink

Comments

Waste of resources.

Are the feds going to start looking into Facebook posts of minority defendants?

Posted by: Federalist | Feb 23, 2022 10:02:51 AM

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