Greg and Travis McMichael, the white father and son who were convicted of committing a racially motivated hate crime in the murder of Ahmaud Arbery, a Black man, have asked a federal judge to overrule the jury’s guilty verdicts.
On Tuesday, both filed motions for judgment of acquittal. Attorneys for Travis McMichael argue that the road where Arbery was shot was not a public street. They argue that prosecutors didn’t give sufficient evidence that Glynn County “provided or administered” the streets. In making the argument, they write that when the developer tried to “dedicate” the roads in Satilla Shores for the use of the public in 1958, the county rejected the offer.
The attorneys also cite cases that they say demonstrate the level of the public authority’s involvement “required to show an implied acceptance of an offer of dedication.”
For the hate crime statute to apply in this case, the attorneys write, prosecutors must prove the county did “administer” the roads.
In Greg McMichael’s motion, attorneys argue that the government didn’t demonstrate that he harbored any specific animus toward Arbery, and that prosecutors failed to supply the jury with evidence that he associated African Americans with criminality. The motion also addresses the question of whether it was proven that the roads were “public” streets.
The attorneys argue that the verdict in the trial is not sufficiently supported by evidence that would enable a jury to find Greg McMichael guilty beyond a reasonable doubt.
Randy Reep, a Jacksonville attorney who’s not affiliated with the case, says the motions are equivalent to defense lawyers grasping at straws.
“They’re saying it wasn’t proven to be public. Back in 1958, there was some commission that said, hey, we’re not going to take ownership of the roads for the purposes of maintaining them. The problem is, the government has been maintaining those roads in the recent years,” Reep said. “It’s a difference without a distinction, and it wouldn’t make a difference as to the charge.”
The government has until March 22 to respond to the motions. Notably, Tuesday — the day the motions were filed — marked the deadline for the McMichaels’ attorneys to file any post-trial motions.