Skip to main content

Georgia | 11th Circuit upholds hate crime convictions for Ahmaud Arbery's murderers

Travis McMichael, his father Greg McMichael, and neighbor William “Roddie” Bryan
The three white men were found guilty of murdering the 25-year-old Black man after chasing him in their trucks through a Georgia neighborhood.


ATLANTA (CN) — The 11th Circuit on Friday upheld the convictions of the three white men who murdered Ahmaud Arbery five years ago after chasing the 25-year-old Black man down the streets of a Georgia subdivision.

In a split opinion, the circuit judges ruled that sufficient evidence supported their convictions.

Travis McMichael, his father Greg McMichael, and neighbor William “Roddie” Bryan were convicted in February 2022 of a federal hate crime and attempted kidnapping in Ahmaud Arbery’s killing and sentenced to life in prison. On appeal, they argued prosecutors failed to prove they acted with racist intent.

A three-judge panel rejected that claim, finding ample evidence of racial animus in the men’s private conversations and social media posts, which showed longstanding prejudice toward Black people and support for vigilante justice.

Prosecutors introduced more than two dozen examples of Travis McMichael and Bryan using racial slurs in texts and online posts. A search of Bryan’s phone also revealed frequent slurs, including messages sent four days before the murder.

“He’d fit right in with the monkeys,” Bryan messaged a friend, discussing his daughter’s Black boyfriend.

Lawyers also presented evidence of Gregory McMichael speaking negatively about a deceased civil rights activist, stating that “‘all those Blacks are nothing but trouble; I wish they would all die.’"

The men also asked the court to toss the attempted kidnapping charges, claiming the streets of the neighborhood were not a public road.

“Copious evidence supports the jury’s underlying finding that Glynn County ‘provided or administered’ the streets of Satilla Shores,” U.S. Circuit Judge Elizabeth Branch wrote in the opinion.

Branch and U.S. Circuit Judge Britt Grant, both Trump appointees, rejected the men’s arguments and found sufficient circumstantial evidence for jurors to conclude they intended to block Arbery’s access to a public road by chasing him with guns and boxing him in with their pickup trucks.

The panel noted the streets were central to the crime, as the entire pursuit and shooting unfolded along the roads of Satilla Shores. Branch wrote it was reasonable to infer that, without Arbery’s use of those streets, the specific crime would not have occurred.

“The jury had ample evidence that defendants attempted to kidnap Arbery for a benefit,” Branch wrote.

“Based on their posts supporting vigilantism and associating black people with criminality, the jury could have reasonably inferred that the defendants acted to boost their reputation as neighborhood crime-stoppers, to remove suspected criminals from their streets, or to promote their sense of vigilante justice. Or, based on their racist and often violent language, the jury could have reasonably inferred that they acted to gain some personal satisfaction by inflicting violence on a black man,” she added.

The three-judge circuit panel was rounded out by U.S. District Judge Victoria Calvert, a Joe Biden appointee sitting in from the Northern District Court of Georgia, who disagreed with one aspect of the majority’s ruling.

In a dissenting opinion, Calvert said she would have reversed the men’s kidnapping convictions. She disagreed with the majority’s conclusion that the pickup trucks used by Travis and Greg McMichael qualify as instrumentalities of interstate commerce for attempted kidnapping.

When a victim is not transported across state lines, evidence must show the offender either traveled in interstate or foreign commerce or used the mail or another instrumentality of interstate or foreign commerce to commit or further the crime.

“Here, the evidence showed that the defendants used Travis’s truck to drive on the streets of a residential community to pursue Arbery and then parked Travis’s truck to block Arbery from fleeing,” Calvert wrote.

“There was no interstate travel, no use of the interstate highway system, no exchange of communications via phone or text message, and no use of the internet,” she added.

While the decision aligns with those of other circuit courts, Calvert said it raises constitutional concerns about the balance between state and federal prosecution.

Attorneys for the parties did not immediately respond to a request for comment.

Source: courthousenews.com, Staff, November 14, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

Most viewed (Last 7 days)

Will the US Supreme Court end nitrogen gas executions?

When President Donald Trump returned to office in January 2025, he directed his administration to “ restor[e] the death penalty .” His embrace of capital punishment helped fuel a surge in executions at the state level last year, as I previously reported , and led the Justice Department to produce a report on “strengthening” the federal death penalty, which was released late last month. In the report, the Justice Department defended the use of pentobarbital – a powerful sedative – for lethal injections, criticizing the Biden administration’s determination that it may cause “unnecessary pain and suffering.” Nevertheless, citing ongoing legal challenges to pentobarbital use and related problems obtaining the drugs used in lethal injections, the DOJ recommended expanding the list of federal execution methods by adding firing squads, electrocution, and lethal gas.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.

Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home

DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift. Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022 killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.