The indictment charges Gregory McMichael, Travis McMichael, and William “Roddie” Bryan with malice murder, four counts of felony murder, two counts of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.
Authorities say the third man charged in the case, Bryan, boxed Arbery in with his truck.
An investigator later testified that Bryan said he heard Travis McMichael using a racial slur as Arbery lay dying.
Though the Georgia legislature on Tuesday passed a hate crimes bill that would allow prosecutors to seek enhanced sentencing for those convicted of targeting a victim because of their race, Holmes said the bill is not retroactive and can’t be applied to Arbery’s case.
The Department of Justice has said it is reviewing the Arbery case to determine whether federal hate crime charges are appropriate.