Federal judge rejects plea agreement in hate crime case for man who killed Ahmaud Arbery

This is a developing story.

A federal judge rejected a plea agreement for one of the three men facing federal hate crime charges in the killing of Ahmaud Arbery, following an hourlong hearing Monday afternoon.

Judge Lisa Godbey Wood's decision left Travis McMichael with the decision of whether to keep his guilty plea and have Wood decide his fate or go to trial next Monday when jury selection is set to begin in the case.

Wood gave McMichael and his attorney until Friday to decide if they would keep the guilty plea. After Wood rejected the agreement, an attorney for Gregory McMichael, Travis's father, also asked for extra time to decide what the next steps will be in the case.

But the ultimate factor in Wood's decision was the Arbery family's contesting the terms of the agreement, under which McMichael would serve 30 years in a federal prison concurrent with that of his state sentencing plus five years on supervised release. Through their attorneys, the Arbery family insisted they were not aware of such a plea agreement until Sunday.

Earlier in January, Travis and his father Gregory McMichael were sentenced to life in prison plus 20 years. Had the plea agreement been accepted, the McMichaels would've served the remainder of their state sentencing in a Georgia prison.

"I can't say that 360 months is the precise fair sentence in this case," Wood told McMichael and his attorney after hearing from four of Arbery's family members, including his mother and father. "I am not comfortable accepting this plea agreement."

The Arbery family said they discovered Sunday prosecutors made agreements with both men against their wishes. Lead federal prosecutor Tara Lyons acknowledged the miscommunication in court, and said she understood the Arbery family's pain and struggle and the "distrust they feel with law enforcement and the justice system," but she said she supports the agreement and believed it would allow "some healing to begin."

Previous reporting: Three men convicted of Ahmaud Arbery murder to be sentenced

Wood's decision also came after testimony from FBI special agent Skylar Barnes revealed Travis McMichael frequently called for Black people, particularly those who committed crimes, to be killed. He also called Black people "monkeys, savages, and (the n-word)" on social media and in text message exchanges.

The testimony, as well as footage shown of Arbery's killing, evoked a visceral reaction from the family. One aunt, Ruby Arbery, closed her eyes and covered her ears as footage of Arbery's final moments played.

"His dad raised him. His dad had to raise him to hate," she said of Travis McMichael when asking the judge to reject the deal and agreement.

Another aunt, Diane Jackson, addressed McMichael, saying: "You say you got a son, well, that was their baby. Y'all destroyed our family. I'm still in therapy, going to counseling."

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Arbery's mother Wanda Cooper Jones said Travis McMichael's testimony in the state case has sat with her through the holidays, and that his "smug, detached testimony echoed through the New Year."

Jones said, "It's not right to take away the victory I'd fought for. This will defeat me. It gives them permission to spit in my face one last time."

Ahmaud Arbery case: Georgia officials, leaders react to guilty verdicts in murder trial

More: 3 men convicted of Ahmaud Arbery murder sentenced to life in prison

The McMichaels's neighbor, William "Roddie" Bryan, was also sentenced in the state murder trial, which lasted just over five weeks, including jury selection.

Bryan, 52, who filmed the killing, received life in prison with the possibility of parole in 30 years.

If the men were to be convicted in the federal hate crimes trial, they faced additional life sentences. Travis McMichael also would face federal weapons charges.

As of Monday evening, Bryan's case in the hate crime trial is moving forward.

Raisa is a Watchdog and Investigative Reporter for The Savannah Morning News. Contact her at rhabersham@gannett.com.

This article originally appeared on Savannah Morning News: Ahmaud Arbery case: Judge rejects plea deal on hate crime charges