William Bryan Jr and the father-son duo of Gregory and Travis McMichael were found guilty on Wednesday in the trial of Ahmaud Arbery‘s killing. The nine-count indictment charged all three with one count of malice murder, four counts of felony murder, two counts of aggravated assault, one count of false imprisonment and one count of criminal attempt to commit false imprisonment. Unlike many states, Georgia doesn’t have degrees of murder, but instead has malice murder and felony murder, neither of which requires prosecutors to prove an intent to kill.
Ahmaud Arbery trial: All accused found guilty by jury
Malice murder is when a person “unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” No evidence of premeditation is required.
Express malice involves an intent to kill. Implied malice is when the there is “no considerable provocation” and the circumstances of the killing “show an abandoned and malignant heart,” which essentially means the person has acted with extreme recklessness even if there was no intent to kill, said Georgia State University law professor Russell Covey.
Ahmaud Arbery case handed over to jury after two-week trial
Felony murder applies when someone who has no plans to kill intentionally commits another felony and a person dies as a result. The person must be convicted of the underlying felony to be found guilty of felony murder.
Malice murder is when a person “unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” No evidence of premeditation is required.
Express malice involves an intent to kill. Implied malice is when the there is “no considerable provocation” and the circumstances of the killing “show an abandoned and malignant heart,” which essentially means the person has acted with extreme recklessness even if there was no intent to kill, said Georgia State University law professor Russell Covey.
Ahmaud Arbery trial: Jury shown graphic police photos of the day of the killing
Felony murder applies when someone who has no plans to kill intentionally commits another felony and a person dies as a result. The person must be convicted of the underlying felony to be found guilty of felony murder.
Prosecutors in the Ahmaud Arbery trial had been arguing that the three men demonstrated “malice aforethought” when they illegally chased Arbery through the streets in pickup trucks and shot him. That’s the basis for the malice murder charge.
But they’re also saying that the three men intentionally committed four felonies — two counts of aggravated assault and one count each of false imprisonment and criminal attempt to commit false imprisonment — and each of those felonies caused Arbery’s death.
(With AP inputs)