“They terrorized Ahmaud,” he said.

Defense attorneys argued that the hate crime convictions can’t stand because the subdivision’s streets aren’t public. They said Arbery had to be using a public facility when attacked in order for the defendants to be guilty of the crimes under federal law.

One of the appellate judges noted a Glynn County official testified that the subdivision streets were under county designation.

Defense attorneys also said the government failed to prove at trial that the McMichaels and Bryan held Arbery against his will in order to gain personal benefit, voiding their convictions for attempted kidnapping.

Judge Britt C. Grant said the jury agreed with prosecutors that the benefit sought by the defendants was vigilantism.

The appellate judges didn’t say Wednesday how or when they would rule.

Even if the hate crime convictions are overturned, the three men will remain behind bars on the murder convictions.

Arbery’s father and other relatives gathered with a small group of supporters outside the federal appeals court in downtown Atlanta following Wednesday’s arguments. They want the hate crime convictions upheld.

Marcus Arbery thanked everyone who had supported the family since his son’s death.

“We’re going to get 100% justice for Ahmaud,” he said.

Diane Jackson, Ahmaud Arbery’s aunt, said she’s “so hurt, still.”

“We thought this would be over with now,” she said. “This is destroying my family. I’ve been sick ever since 2020.”

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