Three white men serving prison sentences in the 2020 killing of Ahmaud Arbery are asking an appeals court to throw out their federal hate crime convictions
when cellphone video Bryan recorded of the shooting leaked online more than two months later.
Arbery’s race was “a fact of no greater import to Gregory McMichael’s calculus than Mr. Arbery’s biological sex, the shorts he was wearing, his hairstyle, or his tattoos,” wrote Greg McMichael’s attorney, A.J. Balbo. He said there would have been no chase had the runner been a Black woman. Travis McMichael’s appeal makes no effort to challenge whether racism motivated Arbery’s killing. Instead, his attorney argues a technicality, saying prosecutors failed to prove that Arbery was chased and killed on public streets — as stated in the indictment used to charge the three men.
Prosecutors argued at the trial that the McMichaels and Bryan chased and shot Arbery out of “pent-up racial anger.”
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