The Arberry Case: A breakdown of the charges


Judges in The trial of three men Charged with murder Ahmed Arberry One or all of them must decide if they are guilty of murder – a crime that could send them off The prison For the rest of their lives.

Father and son Greg and Travis McMichael Grabbed the guns and followed Arberry In a pickup truck in February 2020 after seeing a 25-year-old black man driving in his neighborhood in the port city of Brunswick. Neighbor William “Roddy” Bryan Cellphone video recorded As he joined the quest. All three accused are white.

Ahmed Arberry trial: Judges hear conflicting accounts of fatal shooting in final arguments

The nine-count indictment charges three men with one misdemeanor murder, four felony counts of murder, two counts of aggravated assault, one false imprisonment and one count of attempted imprisonment.

Greg McMichael, center, Greg McMichael and his son Travis McMichael and neighbors William “Roddy” Bryan sitting next to their attorneys at the Glyn County Courthouse on Monday, November 15, 2021, at George’s Brunswick. .
(AP Photo / Stephen B. Morton, Pool)

What is the difference between malicious murder and savage murder?

Unlike many states, Georgia does not have murder levels, but instead has malicious murder and felony murder. Prosecutors are not required to prove motive for killing.

Malicious murder means that a person “unlawfully and with malicious prejudice, express or implied, will cause the death of another man.” There is no need for premeditated evidence.

Express maliciousness involves killing. Georgia State University has said that when there is “no significant provocation” and the circumstances of the murder “show an abandoned and deadly heart,” it is an implicit misconduct, which means that the person acted with extreme recklessness even if he did not intend to kill. Russell Covey, Professor of Law.

Terrible murder applies when a person who has no intention of killing will commit another offense and consequently a person dies. The person must be convicted of the underlying crime in order to prove his guilt for murder.

How can five murders happen when just one person dies?

In this regard, The prosecution is saying Three men demonstrated “maliciousness” when they illegally shot and killed Arbury in the streets in pickup trucks. The basis for the same malicious murder charge.

But they say three men have deliberately committed four crimes – two counts of aggravated assault and one count of false imprisonment and criminal attempts to commit false imprisonment – and each of those offenses results in The death of Arberry.

McMichales and Brian could be found guilty of multiple murders, which would then be merged with punishment.

This photo shows the trial of Greg McMichael and his son Travis McMichael and neighbor William

This photo shows the trial of Greg McMichael and his son Travis McMichael and neighbors William “Roddy” Bryan on Wednesday, November 17, 2021 at the Glyn County Courthouse in Brunswick, Georgia.
(AP Photo / Stephen B. Morton, Pool)

What are the penalties for malicious and criminal murder?

“The punishment is the same for criminal murder and malicious murder,” said Ron Carlson, emeritus professor of law at the University of Georgia. “It’s a difference in terms of punishment, with no difference.”

The minimum sentence is life imprisonment. It is up to the jury to decide whether or not it comes with the possibility of parole. Even if given the possibility of parole, a person convicted of murder must serve 30 years before being eligible.

A judge in Georgia should not consider possible fines when discussing a crime or innocence because the punishment is up to the judge. Many defense attorneys believe that juries should be allowed to consider the consequences of their decisions, especially when they are confused about the difference between malicious and criminal murder, and believe that criminal murder is less serious and comes with less penalties.

Murder in Georgia can be commuted to death if the murder meets certain criteria and the prosecutor wants the death penalty. Prosecutors did not in this case.

How can a single shot be charged with murder on a trio in Arberry?

No one disputes that Travis McMichael fatally shot Arberry. But His father And Brian is charged with murder.

Georgia has a very broad “Party to a Crime” law. “This means that if you help or encourage the person who is going to commit homicide in any way, you can be charged as a principal,” Carlson said.

Prosecutors are arguing that the actions of all three men led to the murder.

Where do the escalating assault charges come from?

Arberry is charged with first-degree aggravated assault Assaulted by a 12-gauge shotgun Used to kill him.

The latter is accused of assault using two trucks, one operated by Travis McMichael and the other by Brian. The indictment states that pickup trucks “can cause serious bodily injury when used aggressively against a person.”

All three men were charged because they were considered parties to the alleged crimes.

The accused was William

Prosecutors are looking at defendant William “Roddy” Bryan, who is facing the death of 25-year-old Arberry in February 2020, before a jury trial in Travis McMichael and Gregory McMichael. On Tuesday, November 23, 2021 at the Glyn County Courthouse in Brunswick, Georgia.
(Photo by Octavio Jones / Pool via AP)

How can they be accused of false imprisonment?

False imprisonment involves arresting a person against his will and is usually thought of as a situation in which someone is placed in a room or other enclosed space.

In this case, prosecutors say Three men used trucks When he chased Arbury through his neighborhood to “unlawfully detain and arrest” him.

“If you interfere and arrest a person who has the right to travel on a public road, you are charged with a false imprisonment,” Carlson said.

Should the judge reach an agreement?

Yes. A unanimous verdict is required to convict or acquit anyone in Georgia.

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