Here Are the Charges in the Arbery Murder Trial
Taken together, the charges provide a number of different ways that the defendants, Gregory McMichael, Travis McMichael and William Bryan, could wind up facing life in prison if they are convicted.
Here are the charges the defendants face in the Arbery murder trial.
Nov. 22, 2021, 8:02 a.m. ET
Two of the three defendants on trial for murder are Gregory McMichael, center, and Travis McMichael, his son, left.Credit…Pool photo by Elijah Nouvelage
The indictment handed up by the grand jury in Glynn County lists nine criminal counts against each of the three defendants in the killing of Ahmaud Arbery. For each count, they are charged individually and as “parties concerned in the commission of a crime.”
Taken together, the charges provide a number of different ways that the defendants, Gregory McMichael, Travis McMichael and William Bryan, could wind up facing life in prison if they are convicted. All have pleaded not guilty.
Here are the charges in the order listed in the indictment:
This crime is defined in Georgia law as causing a person’s death with deliberate intention, without considerable provocation, and “where all the circumstances of the killing show an abandoned and malignant heart.” It is punishable by death, or by life imprisonment with or without possibility of parole.
Counts 2, 3, 4 AND 5
This charge applies when a death is caused in the course of committing another felony, “irrespective of malice” — in other words, whether or not the killing was intentional and unprovoked.
The other felonies in this case are listed in Counts 6 through 9 of the indictment; one count of felony murder is linked to each. If prosecutors prove beyond a reasonable doubt that the defendants committed one or more of those crimes and also caused Mr. Arbery’s death in the process, the basis would be laid for a conviction for felony murder.
Like malice murder, felony murder is punishable by death, or by life imprisonment with or without possibility of parole.
One way Georgia law defines this crime is as an assault using a deadly weapon. This count charges the three men with attacking Mr. Arbery with a 12-gauge shotgun. It is punishable by imprisonment of one to 20 years.
Another way Georgia law defines this crime is as an assault using “any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” This count charges the defendants with using two pickup trucks to assault Mr. Arbery. It is punishable by imprisonment of one to 20 years.
This charge applies when a person without legal authority “arrests, confines, or detains” another person “in violation of the personal liberty” of that person. Specifically, the defendants are charged with using their pickup trucks to chase, confine and detain Mr. Arbery “without legal authority.”
False imprisonment is punishable by one to 10 years in prison.
Criminal attempt to commit a felony
Georgia law defines criminal attempt as performing “any act which constitutes a substantial step” toward the intentional commission of a crime — in this case, the false imprisonment charged in Count 8. A defendant can be convicted either of completing a particular crime or of attempting it, but not both.
Because false imprisonment is a felony, attempting it is also a felony, punishable by half the attempted crime’s maximum sentence: in this case, one to five years in prison.