Judge Delivers Sentence to Ahmaud Arbery's Killers

[00:00:00] Speaker 1: As we understand it, he left his home apparently to go for a run and he ended up running for his life. He entered the English home at approximately 1:04 PM and left that home at about 1:08 on that day. At 1:14, Greg McMichael calls 911 to let them know that there's a black male running down the street and within moments, Ahmad Arbery is shot and killed the three men that are now before this court chased him in a residential neighborhood for at least five minutes in pickup trucks, armed with a shotgun and a 357 revolver. The state mentioned this today about the time period, but I do want to put that time period in context. And the only way I could think to do so may be a little theatrical, but I think it's appropriate. I want to get a concept of time. And so what I'm going to do is I'm going to sit silently for one minute. And that one minute represents a fraction of the time that Ahmad Arbery was running in Sotilla Shores. I'm going to sit silently for one minute. [00:01:25] Speaker ?: I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. I'm going to go to the next day. [00:02:11] Speaker 1: That's approximately a minute. Again, the chase that occurred in Sotilla Shores occurred over about a five minute period. And when I thought about this, I thought from a lot of different angles, and I kept coming back to the terror that must have been in the mind of the young man running through Sotilla Shores. The jury heard the evidence and returned a verdict. And what a difficult job they had under the circumstances. Without any comment on the verdict itself, I think all counsel will agree and accept that this was a very difficult case to even get a jury impaneled on. And there are issues out there with regard to the jury that were brought up in the press and elsewhere. But I want to give credit to those members of the panel, not because of their verdict, just because of the fact that they were willing to go through the process that they went through with the state, with the defense, and with this court. We're here today to sentence the defendants. In discharging the duty, this court is required to consider all mitigating and aggravating circumstances. The court has considered those circumstances, including but not limited to all aspects of the crimes charged, the past criminal record or lack thereof of the defendants. I've also considered any lawful evidence which tends to show the motive of the defendants, their lack of remorse, their general moral character, and any predisposition to commit other crimes. Now I think in this case, the record speaks for itself. And the defendants' own words, I think, guide this court with regard to sentencing. I went back through my notes and other resources to pull some of the quotes that we have in this case. I'll start with Greg McMichael. In my opinion, Greg McMichael, very early on in this, tried to establish a narrative. He made comments like, "Ahmaud Arbery was trapped like a rat. Stop, or I'll blow your and I won't repeat it again head off." He effectively admitted that he wasn't sure what Ahmaud Arbery had done wrong. Quote, "I don't think the guy has actually stolen anything out there. Or if he did, it was early in the process. He keeps going back over and over again into this damn house." Getting back to the narrative, he told Travis, "You have no choice." He told another individual at the scene, "This guy ain't no shuffler. This guy is an asshole." He commented that he wanted him, Ahmaud Arbery, to know that we weren't playing. "If I could have gotten a shot at the guy, I would have shot him." Travis McMichael claims he was in shock. But it's interesting because he talks about his concern for his child and his own well-being. Part of this was while the victim was actually laying there in the street. He commented, "This is the worst day of my life." Well, I think it's been touched on here today. There were other individuals that were impacted. I look at the video of this incident. When I say "the video," I think everybody knows what we're talking about. But there was one part of it that struck me as absolutely chilling. And that is, I believe it's in the enhanced video provided by the GBI, there's a frame where I believe Ahmaud Arbery, it looks to be, if he's 20 yards out, that may be close, 30 yards out. And it's the frame of Travis McMichael lifting the shotgun to fire at Ahmaud Arbery. And you watch that with context, I want to say context, after hearing the evidence in this case. Again, thinking about a young man that had been running at that point for almost five minutes. And it is a chilling, truly disturbing scene. And we got there because Travis McMichael's father saw Ahmaud Arbery hauling down the street and calls out, "Let's go." At that point, Travis McMichael, despite whatever may have been going on in his life at that time, in regard to family or otherwise, just goes, grabs a shotgun and goes because he assumes that it is the right thing to do. All of these quotes give context, I think, to the video that we saw during the case. And Miss Wanda Cooper Jones this morning made a statement that I think when you look at these statements and you see the videos is very true. And that is, she said, when they could not scare or intimidate him, they killed him. There's been discussion about remorse. And I agree with counsel that it is dangerous for defendants who have multiple prosecutions against them to make statements of remorse. But remorse isn't something that is simply a statement of regret. Remorse, I think, can be determined by looking at somebody's reaction to difficult circumstances and the reality of the situation that they're in. Again, it doesn't require an apology, and quite honestly, sometimes apologies are made simply to get past problems. Remorse is something that's felt and demonstrated. In this case, getting back to the video again, after Ahmaud Arbery fell, the McMichaels turned their backs. It's, again, a disturbing image, and they walked away. This was a killing. It was callous, and it occurred, as far as the court is concerned, based upon the evidence, confrontation was being solved. I think the statement was made during closing arguments. It's interesting to note that the most violent crime in Satilla Shores was the murder of Ahmaud Arbery. So, sentencing does not generally provide closure. I think Ms. Wanda Cooper Jones also talked about closure. But I don't find that it really does. And I think that's an unfortunate thing. Because in this case, I think many people are seeking closure. The mother, the father, the community, and maybe even parts of the nation. But closure is hard to define and is a granular concept. It's seen differently by all depending on their perspective and the prism of your lives. Instead of closure, maybe we'd best see today's proceeding as an exercise in accountability. We are all accountable for our own actions. Sometimes, in today's day and age, that statement is lost upon many. And today, the defendants are being held accountable for their actions here in Superior Court. Today demonstrates that everybody is accountable to the rule of law. Taking the law into your own hands is a dangerous endeavor. I'm not sure how this comes across. I'll stay in anyway. I think ultimately, with regard to the murder of Ahmaud Arbery, it holds us all accountable. I've read somewhere, and I don't remember where it was, that at a minimum, Ahmaud Arbery's death should force us to consider expanding our definition of what a neighbor may be and how we treat them. I argue that maybe a neighbor is more than the people who just own property around your house. I also believe that in assuming the worst in others, we show our worst character. Assuming the best in others is always the best course of action. And maybe those are the grand lessons from this case. I will let others spend as much time as they want writing about it and talking about it. But those are my general thoughts with regard to this case and sentencing. That said, with regard to the sentence in this case, as to Travis McMichael. Mr. McMichael. The court sentences you as follows. Count one. Malice murder. Life without the possibility of parole. Count two. Felony murder. Vacated by operation of law. Count three. Felony murder. Vacated by operation of law. Count four. Felony murder. Vacated by operation of law. Count six. Aggravated assault. Merges into count one. Count seven. Aggravated assault. The court sentences the defendant to 20 years. Consecutive to count one. Count eight. False imprisonment. Merges into count one. Count nine. Attempted false imprisonment. Five years. Concurrent to count seven. That is life plus 20. Greg McMichael. The court sentences you as follows. Count one. Malice murder. Defendant was found not guilty. Count two. Felony murder. The court sentences you as follows. Count one. [00:12:08] Speaker ?: Malice murder. [00:12:09] Speaker 1: Defendant was found not guilty. Count two. Felony murder. The court sentences you as follows. Count one. Malice murder. Defendant was found not guilty. Count two. Felony murder. murder, defendant was found not guilty. Count two, felony murder, life without the possibility of parole. Count three, felony murder, vacated. I'm going to say vacated. It's vacated by operation of law in all cases. I'm just not going to repeat it. Count four, vacated. Count five, vacated. Count six merges into count two. Count seven, aggravated assault, 20 years consecutive to count two. Count eight, 10 years, concurrent to count seven. Count nine, five years, concurrent to count seven. That is life plus 20 years. Roddy Bryan, I do want to separate a little bit because the state is making a different recommendation. And despite the back and forth that Mr. Goff and I had during this case, I do want to point out a couple of things that he raised that I think are appropriate to raise the sentence. Um, as far as the remorse, um, I think Roddy Bryan stands in very different shoes. Um, it is obvious from the beginning, uh, that he questioned the tragedy that had occurred at the scene and was on, uh, I believe, I can't remember whose body cam, but the body cam, in fact, questioning whether or not what had occurred, what had occurred had occurred and then took steps early on in this process. I think that demonstrated that he had grave concerns that what had occurred should not have occurred. And I think that does make Mr. Bryan's situation a little bit different. However, Mr. Bryan has been convicted of felony murder. And I do not, uh, believe it can be, uh, disputed based on the facts of this case that, uh, the verdict, uh, was an appropriate verdict based upon the evidence presented, at least. And when I say appropriate, what I mean is legal. Um, because I believe there's some, been some discussion about some differences between Mr. Bryan and, uh, and the McMichaels, um, there may be some differences, but it does not change the fact that, was it not for the fact that Mr. Bryan used his vehicle in a way to, uh, impede Mr. Arbery's, uh, course of travel, this may not have ever occurred. And that is sufficient for sufficient for felony murder. He did cooperate with law enforcement. I will point out, uh, Mr. Goff, 17, 10, one B. There's actually a case out of Chatham County, uh, that says it would not apply under the circumstances of this case. So the court recognizing that Mr. Bryan's position is different. Uh, again, Mr. Bryan was found not guilty on count one and count two court sentences, Mr. Bryan to, uh, life with the possibility of parole on count three. Count four is vacated. Count five is vacated. Count six, the defendant was found not guilty. Count seven merges into count three. The defendant is sentenced to 10 years consecutive to count three on count eight and five years concurrent with count eight. Both of those counts though will be suspended sentences, which gives Mr. Bryan a life with the possibility of parole sentence. Those are the sentences. The court having pronounced sentence first with regard to Travis McMichael, Mr. McMichael, you are hereby notified that under the law of Georgia, you are entitled to appeal the guilty verdict of the jury. And if you decide to do so, you must file your appeal within 30 days of this date. You're also informed that you have the right to retain a lawyer of your own choice to represent you on your trial motions and appeals to the appropriate appellate court of Georgia. If you cannot afford a lawyer, the court will appoint one for you. You are entitled to when we'll be given a transcript of all pretrial, trial and post trial matters without cost to you. If you cannot afford a transcript. You may file a motion for a new trial, or you may appeal your case directly to the appropriate appellate court of Georgia for review. You are also advised that the statute of limitations for habeas corpus in this state is four years in the case of felonies and one year in the case of misdemeanors. The statute begins to run from the date the conviction becomes final. And just to be clear on the record, I'm going to go through the statement with regard to each defendant. So as to Gregory McMichael, you are hereby notified that under the law of Georgia, you are entitled to appeal the guilty verdict of the jury. And if you decide to do so, you must file your appeal within 30 days of this date. You're also informed that you have the right to retain a lawyer of your own choice to represent you on your post trial motions and appeals to the appropriate appellate court of Georgia. If you cannot afford a lawyer, the court will appoint one for you. You are entitled to and will be given a transcript of all pretrial, trial and post trial matters without cost to you. If you cannot afford a transcript, you may file a motion for a new trial or you may appeal your case directly to the appropriate appellate court of Georgia. You are also advised that the statute of limitations for habeas corpus in this state is four years in the case of felonies and one year in the case of misdemeanors. The statute begins to run from the date the conviction becomes final. And then finally, Mr. Bryan, you are hereby notified that under the law of Georgia, you are entitled to appeal the guilty verdict of the jury. And if you decide to do so, you must file your appeal within 30 days of this date. You are also informed that you have the right to retain a lawyer of your own choice to represent you on your post trial motions and appeals to the appropriate appellate court of Georgia. If you cannot afford a lawyer, the court will appoint one for you. You are entitled to and will be given a transcript of all pretrial, trial and post trial matters without cost to you if you cannot afford a transcript. You may file a motion for a new trial or you may appeal your case directly to the appropriate appellate court of Georgia for review. You're also advised that the statute of limitations for habeas corpus in this state is four years in the case of felonies and one year in the case of misdemeanors. The statute begins to run from the date the conviction becomes final. I don't have a blue or black pen. Is there a blue or black pen down there? Thank you. The court has executed the statement of appeal for Travis McMichael, Greg McMichael, and William R. Bryan. If I could please have counsel and the defendants execute the statements of appeal to confirm they've been given, or the notices [00:19:11] Speaker ?: I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. I'm going to add a little bit of the sauce. 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As a result, he gave him life with the possibility of parole. We need to take a break. When we come back, our own Julia Janae will be with us live from Brunswick, Georgia, with more on this sentencing.