According to Georgia law, three men convicted of killing Amad Arbury on Wednesday must be sentenced to life imprisonment, and judges will be subject to parole 30 years later. Decide if you need to die in prison instead.
All three — Travis McMichael; his father, Gregory McMichael. Neighbor William Brian was taken to Glynn County Jail after being convicted of murder by Travis McMichael for shooting Mr. Arbury in February 2020.
Each defendant faced one malicious murder and four felony murders. The jury was convicted of malicious murder only by Travis McMichael. In short, he concluded that he intends to kill Mr. Arbury. They acquitted the other two men on suspicion, but both were found guilty of a felony murder. This is true if someone commits a felony and kills someone.
Both types of murder are subject to the same penalties and the judge must be sentenced to life imprisonment, but the judge can decide whether to give the defendant the opportunity to be released on parole. Even if the judge admits the possibility of parole, the defendant will not be eligible under Georgia law until he is in prison for 30 years. Both charges could lead to the death penalty, but in this case the prosecutor did not seek the death penalty.
Judge Timothy R. Walmsley, who oversaw the trial, decides on the man’s decision after an unscheduled hearing. At the hearing, male prosecutors and lawyers can discuss their preferred decisions, and Mr. Arbury’s relatives can also submit a statement to the court regarding the impact on the victim.
“The judge saw the entire case,” said Sarah Garwig Moore, a professor at Mercer University Law School in Macon, Georgia. Please take it into consideration in the judgment. “
When deciding on a man, the judge considers a variety of aggravating and mitigating factors. Experts said the jury’s decision to acquit Gregory McMichael and Brian for a malicious murder is unlikely to have a serious impact, but the judge triggered it. You might think that it’s Travis McMichael’s, not the other two men. ..
Melissa D. Redmon, an assistant professor at the University of Georgia Law School and a former prosecutor in Fulton County, Georgia, said: “Still, under the law, they have the same responsibility.”
Even if the judge allowed the man to seek parole 30 years later, Redmon said that people sentenced to life imprisonment would rarely be given parole as soon as they qualify. At that time, those who make those decisions will be considered on parole at least every eight years.
Three men, all white, also face federal hate crime charges after a Justice Department prosecutor charged them with obstructing their right to use public roads for the black Arbury race. doing. They also charged all three in an attempted kidnapping and charged Travis and Gregory McMichael to use, carry and swing firearms. The trial is scheduled for February.