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Wednesday, March 29, 2023

Here are the charges against the defendants.

The Glynn County grand jury indictment lists nine counts against each of the three accused of murdering Ahmaud Arbury. On each count, they are individually charged as “parties involved in the commission of a crime”.

Taken together, the charges provide a number of different ways in which defendants Gregory McMichael, Travis McMichael, and William Brian could face life in prison if convicted.

Here are the charges, in the order outlined in the indictment:

Counter 1

This crime is defined in Georgia law as causing the death of a person intentionally, without significant provocation, and “when all the circumstances of the murder show a neglected and evil heart.” This is punishable by death or life imprisonment, with or without parole.

Counts 2, 3, 4 & 5

This charge applies when the death occurred in the course of another criminal offense “regardless of malicious intent,” in other words, whether the murder was deliberate and unprovoked.

Other crimes in this case are listed in paragraphs 6 to 9 of the indictment; each is associated with a single felony charge. If prosecutors prove beyond reasonable doubt that the defendants committed one or more of these crimes, and also caused the death of Mr. Arbury in the process, a conviction of murder will be laid.

Like murder with malicious intent, murder for a felony is punishable by death or life imprisonment, with or without parole.

Score 6

Georgia law defines this crime as assault with a lethal weapon. This bill accuses three men of attacking Mr. Arbury with a 12-gauge shotgun. Shall be punishable by imprisonment for a term of one to 20 years.

Count 7

Georgia law also defines this offense as assault using “any object, device or tool that, if used aggressively against a person, could or could cause serious bodily harm.” This paragraph accuses the defendants of using two pickup trucks to attack Mr. Arbury. Shall be punishable by imprisonment for a term of one to 20 years.

Counter 8

This charge applies when an unauthorized person “arrests, detains or detains” another person “in violation of the personal freedom” of that person. In particular, the defendants are accused of using their pickup trucks to chase, arrest and detain Mr. Arbury “without legal authority.”

False confinement is punishable by a prison sentence of one to ten years.

Count 9

Georgia law defines a criminal attempt as committing “any act that constitutes a substantial step” towards the willful commission of a crime — in this case, the false imprisonment charged under section 8. The defendant can be convicted of either a specific crime or an attempted crime. this, but not both at the same time.

Since false imprisonment is a criminal offense, attempted murder is also a criminal offense, punishable by half the maximum sentence for attempted crime, in this case from one to five years in prison.

World Nation News Desk
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