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Three Georgia men accused of taking part in the roadside slaying of Ahmaud Arbery in February 2020 have been indicted on federal hate crimes charges, according to the Justice Department.
Travis McMichael, 35, his 65-year-old father, Gregory, and William "Roddie" Bryan, 51, now face federal charges of interference with rights and attempted kidnapping.
The McMichaels face additional firearms charges.
From left to right, William "Roddie" Bryan, Gregory McMichael and Travis McMichael (Reuters)
"In addition to the hate-crime charges, Count Three [of the indictment] alleges that all three defendants attempted to unlawfully seize and confine Arbery by chasing after him in their trucks in an attempt to restrain him, restrict his free movement, corral and detain him against his will, and prevent his escape," the DOJ said in a statement.
Counts one and two allege that all three men used force and the threat of force to "intimidate and interfere with" Arbery's right to use a public street.
Attorneys for all three men said they were "disappointed" in the DOJ's push for hate crimes charges.
"There is absolutely nothing in the indictment that identifies how this is a federal hate crime and it ignores without apology that Georgia law allows a citizen to detain a person who was committing burglaries until police arrive," said Bob Rubin and Jason Sheffield, attorneys for the McMichaels.
"Roddie Bryan has committed no crime," said his attorney, Kevin Gough. "We look forward to a fair and speedy trial, and to the day when Mr. Bryan is released and reunited with his family."
A police report at the time of the shooting indicates that the elder McMichael had told authorities Arbery was a suspected burglar who he had seen "hauling a--" down the street before the chase began.
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Arbery was jogging in broad daylight in the Satilla Shores neighborhood when the McMichaels confronted him on Feb. 23, according to the Georgia Bureau of Investigations.
As he was out on his run, the McMichaels allegedly grabbed guns, hopped into a truck and chased him down the road. Bryan later joined the chase in another truck and allegedly used it to cut off Arbery's escape.
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The older McMichael reportedly saw him and had called 911 to report "a Black man running down the street" and said he suspected the man was involved in recent burglaries. He called his son, and the pair armed themselves -- then tracked Arbery down on the road, investigators said.
Smartphone video of the slaying showed a Black man jogging down a residential street before he encountered two White men and a pickup truck on the side of the road. He appeared to jog around their vehicle, into the shoulder. Bryan, who is also White, was recording the video.
But, as Arbery neared the front, a gunshot rang out and then he was seen struggling with a man holding a shotgun. They moved out of the frame, and another shot was heard. They came back into view, with a long-barreled gun held to the jogger’s midsection – and a third shot sounded off.
Moments later, Arbery collapsed in the road.
Ahmaud Arbery
All three suspects are already facing a slew of state-level charges, including malice murder and felony murder after state investigators took control of the investigation following the video's release.
The DOJ had been mulling a civil rights investigation into the case last year after Georgia Attorney General Chris Carr asked for a probe into local law enforcement's handling it. Two prosecutors had been replaced amid concerns of possible conflicts of interest, and more than two months passed after the slaying before the GBI announced the arrests.
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The suspects had previously said they suspected Arbery was a burglar and that the younger McMichael shot him in self-defense after he reached for the gun when they tried to stop him.
Surveillance video from a nearby house under construction showed Arbery entering the open-framed structure and looking around. An attorney for the owner later said nothing had been stolen or damaged.
There had been one other report of a burglary in the neighborhood in the weeks before the Feb. 23 shooting, according to the Brunswick News, a local paper.
Someone had stolen a 9mm Smith & Wesson pistol out of a truck parked at Travis McMichael's home on Jan. 1.
Lee Merritt, an attorney for Arbery's family, praised the DOJ's decision.
"The family of Ahmaud Arbery is grateful for the fed hate crime charges against the men responsible for his murder," he tweeted. "These charges will serve as a fail-safe to the state prosecution. Hate claimed Ahmaud’s life. Our justice system must combat intolerance."
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