A plea deal purported to allow the white father and son convicted of murdering Ahmaud Arbery to serve a large part of their sentence in federal prison is being slammed by the family of the 25-year-old Black jogger who said the agreement was negotiated behind their backs.
Federal prosecutors filed notices of plea agreements for Travis McMichael, 35, and his 66-year-old father, Gregory McMichael, on Sunday in U.S. District Court in Brunswick, Georgia, and requested a hearing on Monday for a judge to review and approve the deal, according to court records.
The McMichaels and William “Roddie” Bryan, 52, were all convicted in November on state murder charges and sentenced to life in prison. Travis and Gregory McMichael were sentenced without the possibility of parole.
Next week, all three men were scheduled to go on trial on federal hate crime charges stemming from Arbery’s 2020 slaying. No plea agreement was announced for Bryan, who is now poised to stand trial alone in federal court.
Details of the plea deal for the McMichaels were not disclosed in the court filings from Department of Justice lawyers. However, an attorney for the Arbery family said the agreement would allow Travis and Gregory McMichael to serve the first 30 years of their sentence in a preferred federal prison.
“This proposed plea is a huge accommodation to the men who hunted down and murdered Ahmaud Arbery,” the family’s attorney, Lee Merritt, said in a statement. “The family is devastated at this development, their wishes are being completely ignored and they do not consent to these accommodations.”
Arbery was out for a jog on Feb. 23, 2020, in the Satilla shores neighborhood near Brunswick, Georgia, when the McMichaels assumed he was a burglar, armed themselves and chased him in their pickup truck. Bryan joined the five-minute pursuit, blocking Arbery’s path with his truck and recorded Travis McMichael fatally shooting Arbery with a shotgun during a struggle on his cellphone.
Arbery’s parents, Wanda Cooper-Jones and Marcus Arbery, asked the federal court to be allowed to assert her right under federal law to oppose the plea deal directly before the court.
“The DOJ has gone behind my back to offer the men who murdered my son a deal to make their time in prison easier for them to serve,” Cooper-Jones said in a statement. “I have made it clear at every possible moment that I do not agree to offer these men a plea deal of any kind. I have been completely betrayed by the DOJ lawyers.”
During a news conference in Georgia on Monday, Merritt said Cooper-Jones and Arbery’s father will be allowed to speak at the hearing scheduled for 2 p.m. on Monday. Merritt said the parents plan to ask a federal judge to reject the plea deal.
When Derek Chauvin, the former Minneapolis police officer convicted on state charges of murdering George Floyd, reached a plea agreement on federal charges that he violated Floyd’s civil rights, he asked to be sent to federal prison even though he is expected to serve more time than the 22 years he was sentenced to in state court.
In response to Chauvin’s plea deal, legal experts told ABC News that federal penitentiaries run by the Bureau of Prisons tend to better than state prisons. The experts said federal prisons have fewer overcrowding issues, more comfortable bunks and even better food and educational resources than often cash-strapped state prisons. High-profile inmates, especially former law enforcement officers like Chauvin and Gregory McMichael, tend to also get greater protection in federal prison, the experts said.
The federal Bureau of Prisons estimated that the annual cost of housing an inmate in a federal facility in 2020 was a little over $39,000.
The annual cost of housing an inmate in a Georgia state prison is roughly $20,000, according to a 2015 study by the Vera Institute of Justice, a nonprofit research and policy organization.
“Federal prison is going to be a lighter sentence for these men,” Merritt said.
Merritt also cited an ongoing investigation by the Department of Justice into conditions at Georgia state prisons that was launched in September.
The DOJ said in a statement that the investigation is primarily focused on whether Georgia provides inmates reasonable protection from physical harm at the hands of other prisoners and staff.
Cooper-Jones said at Monday’s news conference that she finds the plea deal “disrespectful.”
“I fought so hard to get these guys in state prison,” Cooper-Jones said.
She said she learned of the deal on Sunday and has had discussions with DOJ attorneys since.
“I told them very, very adamantly I wanted them to go to state prison and do their time,” Cooper-Jones said.
In a separate news conference, Marcus Arbery said that finding out about the deal made him “mad as hell.”
He said his son’s death was a racially-motivated murder and “we want 100% justice, not half justice.”
He added, “I don’t want no chance of trying to make their lives easy.”