25 year old man murdered in Georgia for jogging while black

Correct, it was actually the murder that was the issue here.

 

riding a truck with guns armed and ready then going after someone s perfectly normal with you?

 

im not a lawyer either , but I think that should be enough to convict .

if you have a weapon then you are responsible. There are laws to protect you if things just get out of hand and you were truly trying to defend yourself .

but , these guys were not in their house . Maybe it will come down to the language of the citizens arrest in Georgia , but it sets a dangerous precedent .

there is the letter of the law and there is the intent . Citizens arrests are legal , being armed is legal , shooting in self defense is legal .

We will see what more comes out and what a jury has to say .

Aubrey made a bad decision to go for the gun . Those dudes made a bad decision to try and play cop (apparently one is a retired cop) .

the defense for the shooters is we are legally allowed to carry and try to stop people and ask questions , then he attacked ?

imo it’s a bastardization of the stand your ground laws and making citizens arrests . Laws that are designed to help protect people that are reacting and protecting themselves and property vs using it in a proactive manner like our pickup truck boys .

maybe they don’t fit the description of murder. Maybe there’s not enough evidence against them (a reasonable doubt that it was self defense ) ... but they can’t be absolved totally . And it’s gotta be beyond that they have to live having killed a dude .

the incentives created by total exoneration are awful .

1) **** being an unarmed burglar
2) what happens when you try to detain and question an armed person ?
3) what is reasonable suspicion ?

 

to be suspected of burglary he should have
1. broken in
2. taken something with him

 

4 or 5 people in this thread have admitted to walking into homes that were under construction. Are we to assume that they were doing so in order to steal something? Yes or no? If no, why is that assumption being made with Arbery, especially when he has no mask, no burglary tools, no escape vehicle, is wearing a white shirt in broad daylight, and did not have any stolen items on his person when he was killed?

Georgia’s citizen’s arrest law is this...

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.

here is a former attorney’s thoughts on the matter

Under Georgia law you can do this only if you've actually witnessed a crime.

Michael Moore, a former U.S. attorney in Macon, says citizen's arrests can be helpful, but they are pretty rare.

"Think of, for instance, a purse snatching. It allows someone to intervene, to help the victim of the purse snatching to maybe grab the snatcher and hold them until the police come," Moore said.

But it's a bit more complicated than it sounds.

"You might think that you witnessed something that's an arrestable offense, but it's not really an arrestable offense," Fort Valley Police Chief Lawrence Spurgeon said.

Spurgeon wrote a Facebook post Wednesday night explaining the risk factors associated with the rule.

"I always tell people, 'Are you really ready to absorb the possibility that if you're wrong you'll be criminally responsible? Or are you ready to absorb the fact that if you're wrong you'll be civilly responsible as well'," Spurgeon said.

Under Georgia code, Moore says a citizen can use force if they fear for their life, but they cannot create a confrontation themselves and then claim self defense after harming someone. Especially if they did not witness a crime take place.

"It does not allow us to create armed posses and roam the community looking for someone we think might have done something wrong," Moore said.

now let’s look at part of the transcript from McMichael as he made his call to the police when talking about Arbery walking into the home

Dispatcher: And you said someone is breaking into it right now?

Caller: No. It's all open, it's under construction.And he's running right now! There he goes right now.

He answers no when asked if he’s breaking into the home. He never witnessed Arbery steal something inside the home. Can u please tell me what legal grounds the McMichaels have to make a citizen’s arrest based on this info?

When Arbery is running down the street, Travis McMichaels has already blocked off the right side of the road with his truck as he stands on the left side of the road with a gun in his hand. U also have the others trailing him from behind. We see Arbery then run to the right of the truck and then the confrontation ensues. Can u tell me why Arbery wasn’t within his right to fear for his life once he saw Travis blocking the road with a weapon in hand and others trailing him and choose to fight for his life?

please answer all these questions honestly

 

I don’t think so.

We don’t have all the information for me to be definitive but right now not looking good for father and son.

 

If the case is tried, there's no way you get 12 jurors to convict here. Many, if not most, will see it my way. Like most cases, it will be won or lost in voir dire / jury selection.

 

Have u seen any shred of evidence as of yet to point to a citizen’s arrest being legal in this situation?

As a lawyer yourself and based on the stuff u have seen, do u feel that Arbery was within his right to fight McMichael? I view blocking the road with a gun as a hostile act worthy of a fight or flight response. How would a court of law view this?

 

nm

 

Wise decision

 

We haven’t seen all the evidence and nuance yet but I believe both will likely be found guilty of a lesser murder charge.

Any convictions the victim had are not going to be heard by the jury because they are largely irrelevant. The one possible exception would be if the father knew of the prior convictions at the time of the event.

I don’t think the surveillance video hurts the victims case personally.

Yes I believe the victim had the right to defend himself under the circumstances and I don’t see how anyone would feel otherwise.

With the amount of attention around this case the federal government will likely aid in the investigation. The Judge and prosecutor will give it the attention it deserves as well now.

I am sure we will see a radical right call for donations to get the two defendants strong representation.

 

Sad world

 

Post of the year!

 

I should practice what I preach

 

Make that 6 people

I know I've done it

Not anytime recently but I've done it.

The funny thing is the usual suspect don't see it as harmless but confronting people with arms no problem. Totally normal.

what the....

 

Oh man. It took about 2 day’s but the Trumpers have officially been activated on this topic.

The entire debate on my Facebook is about khaki shorts and how running is impossible to do in said khakis so he must have been a villainous thug who deserved to die because of khakis.

There is literally no debate too stupid for them to jump in on head first if their media tells them this is a fight they need to take.

 

What was your reason for doing so? According to that idiot Trader_Hohe, it is 99% likely that u did that in order to steal something.

according to them, blocking the road while standing there brandishing a gun while your accomplices trail from the behind is not a hostile act...the one who initiated things was in fact Arbery

 

Lol same.

 

**** when I was younger I did much worse than “check out a construction site” that I could have spent the night in jail for. Doesn’t mean someone should have had the right to murder me.

 

I was just a curious kid walking around my block

another time when I was older I was just house hunting and looking around in a brand new neighborhood

I also occasionally watched construction shows and thought I might want to do that kind of work.

Never did but carpentry is cool.

I don't know but people are curious like that. Some can't help but gawk at accidents instead of keeping the traffice moving etc...