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Thread: Ahmaud Arbery shooting in GA

  1. #21
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    I think the person videoing this was with the other two guys cutting off the guy jogging.

  2. #22
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    Just because this guy fit a description (which was probably young black male) of some thefts in a neighborhood, does not allow a "citizen's arrest" in Georgia.

    I think the intent of that law is that a felonious act is in progress or just occurred and you have knowledge or witnessed it, not that he could be a suspect.

    Plus, the guy in the back of the truck was a retired officer and investigator, so I would think he would be held to a higher standard of conduct than Joe Public.



    2010 Georgia Code
    TITLE 17 - CRIMINAL PROCEDURE
    CHAPTER 4 - ARREST OF PERSONS
    ARTICLE 4 - ARREST BY PRIVATE PERSONS
    § 17-4-60 - Grounds for arrest
    O.C.G.A. 17-4-60 (2010)
    17-4-60. Grounds for arrest


    A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.

  3. #23
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    Quote Originally Posted by Glenn View Post
    Bad shoot. Doesn't meet the requirements for use of deadly force by a private citizen. They weren't in their home and they were the aggressors.
    Well said. BAM.

  4. #24
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    Senseless killing and unnecessary but the shooter's defense attorney has plenty to work with
    as pointed out in a few of these posts. It only takes 1 on a jury

  5. #25
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    Quote Originally Posted by ecu1984 View Post
    Senseless killing and unnecessary but the shooter's defense attorney has plenty to work with
    as pointed out in a few of these posts. It only takes 1 on a jury
    What would that be? Jogging down the middle of the road? Being confronted by two armed men trying to stop you in the middle of the road?
    What does a reasonable person do in this situation stop and chit chat? Supposedly the first shot came as he was coming around the right of the truck. That's hardly a stand your ground defense when you are intentionally trying to stop someone in the middle of the street while brandishing a firearm. That town will burn if Barney Fife gets off.


    https://thebrunswicknews.com/news/lo...a763095b3.html

    Travis McMichael drove down Satilla Drive toward the intersection of Buford Road, the report said. They spotted Arbery running down Buford Road. Travis drove down Burford Road and tried unsuccessfully to cut off Arbery’s escape with the truck, the report said.

    The Brunswick man then turned and started “running back in the direction from which he came,” the report said. Travis McMichael again tried without success to cut Arbery off with the truck.

    Greg McMichael jumped into the truck’s bed at this point and the pursuit resumed. At one point in the pursuit, the two McMichaels hailed, “’Stop, stop, we want to talk to you,’” the report said.

    Travis McMichael pulled up beside Arbery and again made it known they wanted to talk, the report said. At this point, Travis McMichael exited the vehicle, shotgun in hand.

    “McMichael stated he saw (Arbery) begin to “violently attack Travis and the two men then started fighting over the shotgun, at which point Travis fired a shot and then a second later there was a second shot,” the report stated. “McMichael stated the male fell face down on the pavement with his hand under his body.”

    McMichael then searched Arbery for a gun, the report said.

    “McMichael stated he rolled the man over to see if the male had a weapon,” the report said. “I observed blood on McMichael’s hands from rolling (Arbery) over.”

  6. #26
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    Quote Originally Posted by JBtflo View Post
    What would that be? Jogging down the middle of the road? Being confronted by two armed men trying to stop you in the middle of the road?
    What does a reasonable person do in this situation stop and chit chat? Supposedly the first shot came as he was coming around the right of the truck. That's hardly a stand your ground defense when you are intentionally trying to stop someone in the middle of the street while brandishing a firearm. That town will burn if Barney Fife gets off.


    https://thebrunswicknews.com/news/lo...a763095b3.html

    Travis McMichael drove down Satilla Drive toward the intersection of Buford Road, the report said. They spotted Arbery running down Buford Road. Travis drove down Burford Road and tried unsuccessfully to cut off Arbery’s escape with the truck, the report said.

    The Brunswick man then turned and started “running back in the direction from which he came,” the report said. Travis McMichael again tried without success to cut Arbery off with the truck.

    Greg McMichael jumped into the truck’s bed at this point and the pursuit resumed. At one point in the pursuit, the two McMichaels hailed, “’Stop, stop, we want to talk to you,’” the report said.

    Travis McMichael pulled up beside Arbery and again made it known they wanted to talk, the report said. At this point, Travis McMichael exited the vehicle, shotgun in hand.

    “McMichael stated he saw (Arbery) begin to “violently attack Travis and the two men then started fighting over the shotgun, at which point Travis fired a shot and then a second later there was a second shot,” the report stated. “McMichael stated the male fell face down on the pavement with his hand under his body.”

    McMichael then searched Arbery for a gun, the report said.

    “McMichael stated he rolled the man over to see if the male had a weapon,” the report said. “I observed blood on McMichael’s hands from rolling (Arbery) over.”
    mic-drop.png

  7. #27
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    He should be in jail waiting on a trail.


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  8. #28
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    IMO, the only defense that would matter is if they could prove the kid was actually the guy committing the break ins and even then the shooter's actions could still lead to a manslaughter conviction. Absent catching the kid in the actual act of committing a crime, I don't think the shooters had the legal authority to confront the kid.
    Absent proving the kid was the suspected burglar, I just saw a kid get murdered on video.

  9. #29
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    I don’t care what he stole or when he stole it..

    That is murder..

    Citizens arrest? Serious Clark?

    Call. The. Police.

    If you come into my house, or my vehicle, the story drastically changes..

    Idiots
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  10. #30
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    https://www.foxnews.com/us/ahmaud-ar...ed-with-murder

    Father and son have been arrested and charged
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  11. #31
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    Quote Originally Posted by PBiz View Post
    I don’t care what he stole or when he stole it..

    That is murder..

    Citizens arrest? Serious Clark?

    Call. The. Police.

    If you come into my house, or my vehicle, the story drastically changes..

    Idiots
    This right here.

  12. #32
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    I agree with the murder charge, was just sayin a good attorney will twist it nice for
    a Jury. Remember OJ and Casey Anthony and all the others?
    This is far from a slam dunk

  13. #33
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    Quote Originally Posted by ecu1984 View Post
    I agree with the murder charge, was just sayin a good attorney will twist it nice for
    a Jury. Remember OJ and Casey Anthony and all the others?
    This is far from a slam dunk
    Their only hope is to try to exclude the video somehow.

  14. #34
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    Looks pretty bad


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  15. #35
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    Thats why i dont walk or run or go to the bathroom or buy a coke without a gun in my pocket. I might have lost the battle in this situation but you block me in and pull a shotgun on me, some 357 hollow points are headed your way
    "Eventually, all things merge into one, and a river runs through it. The river was cut by the world's great flood and runs over rocks from the basement of time. On some of the rocks are timeless raindrops. Under the rocks are the words, and some of the words are theirs.
    I am haunted by waters" Norman Maclean.

  16. #36
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    Quote Originally Posted by PBiz View Post
    I don’t care what he stole or when he stole it..

    That is murder..

    Citizens arrest? Serious Clark?

    Call. The. Police.

    If you come into my house, or my vehicle, the story drastically changes..

    Idiots
    Bingo.
    “I can’t wait ‘till I’m grown” is the stupidest @!#* I ever said!

  17. #37
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    Georgia law is pretty clear on what actions, conditions and circumstances are required to prosecute a murder charge.

    What the video shows is a homicide. Big difference in Murder vs Homicide. Murders are planned. I doubt the McMichaels planned to kill this guy.

    Once all the evidence is reviewed by a Grand Jury, expect this case to be prosecuted as a Manslaughter charge. Of that , these two cretins are guilty. The evidence released so far is that Arbery was shot 3 times.

    Now, whether they will be convicted on Manslaughter charges is for the jury to decide. It's a bad deal. Manslaughter penalty can be up to 20 years to serve. Much easier to prove a manslaughter charge than a murder charge.
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  18. #38
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    Saw a news article that stood out. This was a letter from the DA. Of course this was after another news article i first read on this, saying the guy was just jogging. He was a convicted felon that just broke into someones house. Did he need to die, no, but damn they painting him as a saint and it was a hate crime.

    I believe we have the majority of the information at our office. There is a decent cell phone video of the entire shooting incident, also video of Arbery burglarizing a home immediately preceding the chase and confrontation. We have a witness list and have done research we would include with the file to be available for the new prosecutor's use if desired.
    Last edited by buckpro; 05-08-2020 at 07:54 AM.
    Quote Originally Posted by Glenn View Post
    I'll shoot over a kids head in a blind or long gun one on a turkey in a heart beat. You want to kill stuff around me you gonna earn it.

  19. #39
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    Someone needs to kick the local District Attorney in the nuts. He seriously needs to be fired right now. Today.

  20. #40
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    Quote Originally Posted by nitro5x6's View Post
    Georgia law is pretty clear on what actions, conditions and circumstances are required to prosecute a murder charge.

    What the video shows is a homicide. Big difference in Murder vs Homicide. Murders are planned. I doubt the McMichaels planned to kill this guy.

    Once all the evidence is reviewed by a Grand Jury, expect this case to be prosecuted as a Manslaughter charge. Of that , these two cretins are guilty. The evidence released so far is that Arbery was shot 3 times.

    Now, whether they will be convicted on Manslaughter charges is for the jury to decide. It's a bad deal. Manslaughter penalty can be up to 20 years to serve. Much easier to prove a manslaughter charge than a murder charge.
    Not exactly. I think you are using the term "planned" in place of "premeditation." That's typically what you would call 1st degree murder. Intentional murder, i.e., you intended to kill someone with malice aforethought without the requisite premeditation, is typically called 2d degree murder. That's likely the charge here, and it may stick based on that video b/c, IMO, arming yourself, getting in your truck and chasing someone down could be pretty clear evidence of "malice aforethought." And unless it's shown that the gun went off "accidentally," the act of pulling the trigger and shooting someone at point blank range is pretty good evidence of intent to kill.

    I do think you are right that a manslaughter charge could come into play here based on what happened before that video begins. Particularly if there was some interaction at the shooter's house or something of that nature. But if these guys just saw the dude jogging, thought it looked like a burglar from a previous security cam video and took off after him to arrest or otherwise exact justice, I'd say murder is the right charge.

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