GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6

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Kristin Esq. said:
Just an FYI, you don't need actual breaking for a burglary. If a door is unlocked, and someone opens it with the intent to commit a crime, then it would still be burglary

2014 Georgia Code
Title 16 - CRIMES AND OFFENSES
Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY
Article 1 - BURGLARY
§ 16-7-1 - Burglary
Universal Citation: GA Code § 16-7-1 (2014)
(a) As used in this Code section, the term:

(1) "Dwelling" means any building, structure, or portion thereof which is designed or intended for occupancy for residential use.

(2) "Railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.

(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years.

(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.

(d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.

2014 Georgia Code :: Title 16 - CRIMES AND OFFENSES :: Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY :: Article 1 - BURGLARY :: § 16-7-1 - Burglary
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Yes, but in this case, there were no doors, and he lacked the intention.
 
LinasK said:
How is that Burglary when a construction site is unguarded with no doors or fences??? He didn't take anything. And if that's a crime, why weren't the other people who walked into the site charged?
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I didn't say that in THIS case it was burglary, I was just informing you that you don't have to literally break something to enter. As stated above, GA has some weird laws and this wouldn't have even amounted to trespassing.
 
Monday, December 20th:
*Motions Hearing for all (Federal Charges) (@ 11am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Travis James McMichael (34/now 35) & *Gregory Johns McMichael (64/now 65) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping, 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will & Travis: plus 1 count of discharging a firearm. Both plead not guilty. No bond. Attorney Amy Lee Copeland for Travis; Attorney Attilio J. Balbo for Gregory.
*William “Roddie” Roderick Bryan, Jr. (50/now 51) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will. Plead not guilty. No bond. Attorney James Pete Theodocion for Bryan
Trial set to begin on 2/7/22 with jury selection. Prosecuted by Assistant U.S. Attorney Tara Lyons of the Southern District of Georgia & Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
State (Glynn County) case: Travis: found guilty of all charges; Gregory: Found not guilty of malice murder, all other charges found guilty. Bryan: Found not guilty of malice & felony murder & aggravated assault, all other charges found guilty. Sentencing hearing on 1/7/22.
Indictment & Court info from 7/26/21 to 10/6/21 reference post #887 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
11/19/21 Update: Pretrial conference before Judge Wood, at 10:00am, 11/19/21 & Friday, 1/21/22 at 10am. The Motions Hearing currently scheduled for 11/19/21 is rescheduled for 12/13/21 at 10:00am. Order granting the Government's consent 71 Motion to Continue the Motions Hearing - ends of justice served as to Travis McMichael (1), Gregory McMichael (2), William Bryan (3). The Court continues the Motions Hearing on 12/13/21 reset to 12/20/21 at 10:00am & reset for 11am.
12/9/21 Update: Prosecutors & defense attorneys filed a joint motion Thursday in U.S. District Court, with both sides in agreement that casting a wider net for potential jurors will improve the odds of seating an impartial jury. Attorneys want the jury pool to come from an expansive area of Georgia that covers 43 counties, including some that are a four-hour drive from the courthouse where the trial will be held.
 
Niner said:
Monday, December 20th:
*Motions Hearing for all (Federal Charges) (@ 11am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Travis James McMichael (34/now 35) & *Gregory Johns McMichael (64/now 65) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping, 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will & Travis: plus 1 count of discharging a firearm. Both plead not guilty. No bond. Attorney Amy Lee Copeland for Travis; Attorney Attilio J. Balbo for Gregory.
*William “Roddie” Roderick Bryan, Jr. (50/now 51) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will. Plead not guilty. No bond. Attorney James Pete Theodocion for Bryan
Trial set to begin on 2/7/22 with jury selection. Prosecuted by Assistant U.S. Attorney Tara Lyons of the Southern District of Georgia & Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
State (Glynn County) case: Travis: found guilty of all charges; Gregory: Found not guilty of malice murder, all other charges found guilty. Bryan: Found not guilty of malice & felony murder & aggravated assault, all other charges found guilty. Sentencing hearing on 1/7/22.
Indictment & Court info from 7/26/21 to 10/6/21 reference post #887 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
11/19/21 Update: Pretrial conference before Judge Wood, at 10:00am, 11/19/21 & Friday, 1/21/22 at 10am. The Motions Hearing currently scheduled for 11/19/21 is rescheduled for 12/13/21 at 10:00am. Order granting the Government's consent 71 Motion to Continue the Motions Hearing - ends of justice served as to Travis McMichael (1), Gregory McMichael (2), William Bryan (3). The Court continues the Motions Hearing on 12/13/21 reset to 12/20/21 at 10:00am & reset for 11am.
12/9/21 Update: Prosecutors & defense attorneys filed a joint motion Thursday in U.S. District Court, with both sides in agreement that casting a wider net for potential jurors will improve the odds of seating an impartial jury. Attorneys want the jury pool to come from an expansive area of Georgia that covers 43 counties, including some that are a four-hour drive from the courthouse where the trial will be held.
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As always, thank you!
 
Kristin Esq. said:
As always, thank you!
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3 men convicted of murdering Ahmaud Arbery appear in federal court for pretrial hearing

Dec. 20, 2021
The three men convicted of murdering Ahmaud Arbery appeared in federal court on Monday for a pretrial hearing. They will be tried on federal charges of hate crimes and attempted kidnapping early next year.
[.....]
The McMichaels and Bryan are set to be sentenced on Jan. 7 and face a minimum of life in prison. A judge will decide whether or not the men will have the possibility of parole.
[.....]
The federal trial is scheduled to begin on Feb. 7, 2022.


Well that article didn't give much on what happened at the hearing. I have in my notes next is another pretrial hearing on 1/21/22 at 10am.
 
US judge plans jury pool of 1,000 for 2nd Arbery death trial

The judge said she plans to have approximately 1,000 jury duty notices and questionnaires mailed to people living throughout the federal court system's Southern District of Georgia, which covers 43 of Georgia's 159 counties.
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Now the McMichaels and Bryan face hate crime charges at the federal level that allege they violated Arbery’s civil rights, unjustly pursuing and threatening him on a public street, because he was Black.

The judge said Monday she plans to keep the federal trial in Brunswick, noting the families of Arbery and the defendants live there, as do many of the witnesses being called to testify.
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Cool Cats said:
Preparations for Hate Crime Trial of Three Men Convicted of Killing Ahmaud Arbery Have Begun, and Lawyers Want Jurors from Areas Outside of Brunswick, Georgia

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In an effort to seat an impartial jury in the Ahmaud Arbery hate crimes trial, both parties have filed a motion in a U.S. District Court to pull jurors from 43 counties from all over the state of Georgia.

The legal motion read, “The parties believe that it is likely that many potential jurors from the Brunswick Division will have experienced sustained exposure to the case and may have formed immutable opinions, in one direction or the other, that will ultimately preclude them from sitting on a jury in this case.”

The prosecution and defense asked the judge to take an additional measure in selecting the jury and submitted a 14-page questionnaire alongside their jury duty notice that will help in identifying anyone that might be excessively biased in the case.

This is a completely different process than the state trial that convicted the men of murder.

Travis McMichael’s attorney, Amy Lee Copeland, is taking it a step further, asking the judge to consider having the trial in a different city with the judicial district. She suggested Savannah or Augusta.

Both requests came less than two weeks from the pretrial hearing for this federal case on Dec. 20.
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They aren't looking quite so cocky in their nice orange jumpsuits are they?
 
Niner said:
Can't access these articles - maybe someone can give a 10% synopsis - about the 1,000 potential jurors judge is going call.

https://www.macon.com/news/nation-world/national/article256737122.html

US judge plans jury pool of 1,000 for 2nd Arbery death trial

and thanks in advance!
animated-smileys-christmas-033.gif
Click to expand...

U.S. District Court Judge Lisa Godbey Wood told prosecutors and defense attorneys at a pretrial hearing that she was granting their joint request to cast a wider net for potential jurors.

Jury selection in the federal case is scheduled to begin Feb. 7. Attorneys had argued in legal filings it could be tough to seat an impartial federal jury so soon after the same three defendants were found guilty of murder in state court the day before Thanksgiving.

“I think the reasons set forth on both sides are extremely valid,” Wood said, adding: “It's a case that has received so much pretrial publicity.”

The judge said she plans to have approximately 1,000 jury duty notices and questionnaires mailed to people living throughout the federal court system's Southern District of Georgia, which covers 43 of Georgia's 159 counties.

The Southern District has a population of about 1.6 million people, with Savannah and Augusta being its largest cities. Its farthest community from the courthouse is rural Wilkes County, located more than 210 miles (338 kilometers) north of Brunswick.

Arbery's father, Marcus Arbery Sr., told reporters outside the courthouse he's fine with a jury coming from a wider area of the state.

“It don't matter, because the evidence is overwhelming,” he said.
 
Friday, January 7th:
*Sentencing Hearing (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Gregory Johns McMichael (64/now 65) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond. Bond denied (11/13/20).
*Travis James McMichael (34/now 35) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault (count 7: aggravated assault with trucks-added 11/19/21), 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond. Bond denied (11/13/20).
*William “Roddie” Roderick Bryan, Jr. (50/now 51) arrested & charged (5/21/20) with felony murder & criminal attempt to commit false imprisonment. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault (count 7: aggravated assault with trucks-added 11/19/21), 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond.
Trial began on 10/18/21 with jury selection & ended on 11/3/21. Trial began on 11/5/21 & ended 11/24/21. Jurors: 5 men & 11 women with 4 alternates. 15 white/1 black jurors. 11/4/21: Juror #579 was excused, sick. Alternates now 3. 11/23/21: Jury deliberated for ~6½ hours (started ~11:53am ET to 6:19pm ET). 11/24/21: Jury deliberated for ~4 hours 20 mins. (started at ~8:36am ET to ~9:40am ET (~1 hour) & continued ~9:55am to 12pm (2 hours)/added lunch/~12pm to 1:20pm ET-Verdict). Total deliberations: ~10 hours & 50 minutes.
Court info from 5/8/20 thru 10/17/21 & Jury selection (Day 1-12) 10/18/21-11/3/21 & Trial (Day 1-12) 11/5/21 to 11/22/21(State rested their case on 11/16/21 & defenses rested on 11/18/21) reference post #551 here:
GUILTY - GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #5
11/24/21 Wednesday, Trial Day 14: Defense makes request to judge to refrain from asking jurors if they’re close to a decision. Judge says he won’t & he only did so last night to see if they needed to keep them longer. Jury comes back into courtroom.
Judge tells jury they can return to jury room to continue deliberations. Judge thanks jurors for their service. Jury continues deliberation. Started at about ~8:36am ET to ~9:40am ET to watch videos & 911 call.
Jury has asked to see a video and is coming back into the courtroom to watch. The jury is requesting to rewatch videos & listen to 2/23/20 911 call. The judge just received a note from the jury asking to view original & enhanced version of the shooting video three times. The jury's note: "We request to see the following videos 3 times each: Original video short version, enhanced high-contrast version, & the 911 call on 2/23/20 by Greg McMichael. Lawyers & judge discussing this. The judge agreed to instruct the jury on lesser charges for Bryan: simple assault, reckless conduct & reckless driving. Judge will ask jurors for clarification on videos.
for more info see post #793 here:
GUILTY - GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #5
Jurors watched the videos & listened to the 911 call. Back to deliberations ~9:55am ET. Lunch at 12pm/don’t know if they deliberated while eating. Back at 1pm & verdict reached at 1:20pm ET.
Travis: Count 1: Malice Murder - Guilty; Count 2: Felony Murder - Guilty; Count 3: Felony Murder - Guilty; Count 4: Felony Murder - Guilty; Count 5: Felony Murder - Guilty; Count 6: Aggravated Assault - Guilty; Count 7: Aggravated Assault - Guilty; Count 8: False Imprisonment - Guilty; Count 9: Criminal Attempt to commit false imprisonment - Guilty.
Greg: Count 1: Malice Murder - Not guilty; Count 2: Felony murder - Guilty; Count 3: Felony Murder - Guilty; Count 4: Felony Murder - Guilty; Count 5: Felony Murder - Guilty; Count 6: Aggravated Assault - Guilty; Count 7: Aggravated Assault - Guilty; Count 8: False Imprisonment - Guilty; Count 9: Criminal Attempt to commit false imprisonment - Guilty.
Bryan: Count 1: Malice Murder - Not guilty; Count 2: Felony murder - Not guilty; Count 3: Felony murder - Guilty; Count 4: Felony murder - Guilty; Count 5: Felony murder - Guilty; Count 6: Aggravated assault - Not guilty; Count 7: Aggravated assault - Guilty; Count 8: False imprisonment - Guilty; County 9: Criminal attempt to commit false imprisonment - Guilty.
Automatic LIFE sentence for all three defendants however the Judge determines with or without parole. But parole, even if granted, comes after a minimum of 30 years. Multiple murder convictions are merged for the purposes of sentencing. Each count of aggravated assault carries a prison term of at least one year but not more than 20 years. False imprisonment is punishable by a sentence of one to 10 years in prison. Absent reversal upon appeal. Explanation of what the charges actually are – see this link:
EXPLAINER: What are the charges in Ahmaud Arbery's killing? | AP News
Sentencing hearing on 1/7/22 @ 10am.
*Federal charges: *Travis James McMichael & *Gregory Johns McMichael & *William “Roddie” Roderick Bryan, Jr. Next pretrial hearing 1/21/22, final pretrial hearing on 1/31/22 & trial set to begin on 2/7/22 with jury selection.
 
Last edited:
Veronica Waters
@MissVWaters

All of the attorneys are present, and a few minutes ago, a bailiff alerted them that the judge wanted to see them all in chambers. A pool reporter says the elder McMichael and Roddie Bryan look "expressionless." Travis McMichael is talking to a defense investigator.
@wsbradio

A different pooler says, "Greg McMichael looks noticeably nervous. He hugs and greets his attorneys, but when seated has a trembling hand over his mouth. Travis McMichael appears to be having an intense conversation with his attorney Jason Sheffield."
[URL='https://twitter.com/wsbradio']@wsbradio
#AhmaudArbery[/URL]
 
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