Judge in Arbery Case Will Decide Whether Defendants Get Parole
Under Georgian law, the three men convicted Wednesday of Ahmed Arberry’s murder should be sentenced to life in prison and could be considered for parole for up to 30 years, or be sentenced by a judge to life in prison.
All three men – Travis McMillan; His father, Gregory McMillan; He and his neighbor, William Bryan, were taken to Glyn County Jail in February 2020 after being convicted of the tragic murder of Travis McMichael’s Mr. Arbury.
Each defendant was charged with one count of manslaughter and four counts of aggravated manslaughter. The jurors only found Travis McMillan guilty of hate murder, meaning they concluded that he intended to kill Mr. Arbury. He acquitted the other two men of that charge but both were found guilty of serious murder, which applies when someone commits a crime and someone dies.
Both types of murder charges carry the same penalty, which carries a life sentence for the judge but allows the judge to decide whether the defendant should have a chance at parole. Even if the judge approves the possibility of parole, defendants will not be eligible under Georgia law unless they have served 30 years in prison. Both charges could lead to the death penalty, but the plaintiffs in this case did not find it.
Judge Timothy R. Walmsley, who oversaw the trial, will decide the men’s sentence after the hearing, which is not scheduled. At the hearing, the men’s lawyer and attorneys will be able to argue for a sentence of their choice, and Mr. Arbury’s relatives may also make a statement in court about the victim’s influence.
“Judges have seen the whole case,” said Sarah Gerwig-Moore, a professor at Mercer University School of Law in Macon, Ga. “There is evidence that the jury never heard of what the judge did and he can take it. Consider punishment.
When sentencing men, judges will consider a number of provocative and reducing factors. Experts say the jury’s decision to acquit Gregory McMichael and Mr Bryan in the murder case is unlikely to have serious consequences, although the judge was Travis McMichael and pulled the trigger, not the other two men. .
“The fact that he didn’t actually shoot can be considered,” Melissa D. said. Redman, Fulton County, Ga. The former lawyer here, who is now an assistant professor at the University of Georgia School of Law, said. “Yet, by law, they have the same crime.”
Although the judge allowed any man to be granted parole after 30 years, Ms Redmon said it was rare for people serving life sentences to be granted parole as soon as they became eligible. At that time, those convicted are considered for parole at least every eight years.
The trio, all of whom are white, are also facing federal hate crimes, with Justice Department prosecutors accusing them of interfering with the right to use public roads because of Mr. Arberry, who is black. He also charged the three men with attempted kidnapping and charged Travis and Gregory McMahon with using a gun, carrying and branding. The trial is set to begin in February.
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