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re: AJC releases video showing Arbery running after caught breaking into unfinished home

Posted on 5/9/20 at 7:09 pm to
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/9/20 at 7:09 pm to
quote:

When making a citizen's arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies.
Cool story

They only shot him when he rushed Junior...……..so...…..
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67561 posts
Posted on 5/9/20 at 7:09 pm to
Still doesn’t justify shooting him
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:09 pm to
quote:

Well It’s definitely a relative term but we know it doesn’t mean in person. Because the law differentiates it.


Uh huh. I wonder if there’s any case law.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 5/9/20 at 7:10 pm to
quote:

Entering a dwelling with intent to steal is a felony in Georgia.

How can anyone prove what his intent was?

Dead men tell no tales.

And what’s this about him carrying a hammer? Is this just B.S. or was he carrying a stolen hammer?
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 5/9/20 at 7:10 pm to
quote:

You cant citizens arrest someone for something 2 weeks ago.


I agree and I'm not arguing this. You're addressing arguments other posters made while arguing with me.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67561 posts
Posted on 5/9/20 at 7:10 pm to
quote:

hey only shot him when he rushed Junior...……..so...…..


After they chased him down the street and cornered him guns drawn. You can’t claim self defense outside your home when you’re the aggressor.
This post was edited on 5/9/20 at 7:11 pm
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 7:11 pm to
quote:

quote:
did not have direct knowledge.


That’s not the law.


Direct as in being present during it. Like I directly saw the crime. Which is part of the law.
He did not have immediate knowledge either, according to himself. ‘I saw someone running and there were recent break ins so I got ready to confront him’
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:11 pm to
quote:

ool story They only shot him when he rushed Junior...……..so...…..


Having your gun out while trying to do the whole citizens arrest thing is definitely not going to help them. No matter how right you are convinced you are.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 5/9/20 at 7:12 pm to
quote:

Having your gun out while trying to do the whole citizens arrest thing is definitely not going to help them. No matter how right you are convinced you are.


I'm actually interested to see where this goes after this is all said and done.

it begs the question "how am I supposed to make a citizens arrest?"

cops make arrests with guns drawn, why even have citizens arrest laws on the books if they cant use the same force?
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 7:12 pm to
quote:

According to himself, He saw someone running, and the recent break in history prompted him to get ready to confront the runner.


then he's kinda boned, but I will wait to see if someone comes forward and says they told him this just happened or something like that


Seems like something a person with law enforcement experience should know to be relevant when describing what happened in that type of situation to police.
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:13 pm to
quote:

After they chased him down the street and cornered him guns drawn. You can’t claim self defense outside your home when you’re the aggressor.


One of the dangers of a citizens arrest is the criminal and civil liability you’re placing yourself in. And once you’ve initiated a confrontation, it’s harder to prove self-defense.
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 7:14 pm to
quote:



And what’s this about him carrying a hammer? Is this just B.S. or was he carrying a stolen hammer?


Its obfuscation. Its referring to an alleged crime that happened weeks prior to the day of the homicide.
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:14 pm to
I think they can use guns. But if they have to use/use them, they’re placing themselves in a lot of danger. None of those thoughts entered the McMichaels’ heads at any time.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 5/9/20 at 7:15 pm to
yeah, the old adage "never draw a gun unless you intend to use it" is highly applicable
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 5/9/20 at 7:16 pm to
quote:

None of those thoughts entered the McMichaels’ heads at any time.


I think what happened is the guy was a former cop and thought he was in "cop mode" and could do the same shite as a civvie that he did as a cop.

he was wrong.
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:16 pm to
It’s actually based on an object in the frame by frame video that was said to be a gun on day one of the video being released. Then it was decided it was a hammer.

But the hammer isn’t in the police report or the statements by any witnesses that we know of. It’s best to just ignore it.
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:17 pm to
He was right initially. He probably didn’t bank on the police chief being indicted for perjury a few days later and having two DAs having to recuse themselves. He almost got away with it all.
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 7:17 pm to
quote:


I'm actually interested to see where this goes after this is all said and done.

it begs the question "how am I supposed to make a citizens arrest?"

cops make arrests with guns drawn, why even have citizens arrest laws on the books if they cant use the same force?


You pretty much arent supposed to citizens arrest anyone is the point. I’m pretty sure everyone recommends against it. I prefer it that way even. I’d rather some bad guys get away than having tater tot decide hes captain America and light someone up.
This post was edited on 5/9/20 at 7:20 pm
Posted by the808bass
The Lou
Member since Oct 2012
114055 posts
Posted on 5/9/20 at 7:19 pm to
The law was created specifically for retail crimes and store workers detaining shoplifters. That was the original main intent. This wasn’t the desired application.
Posted by tigerskin
Member since Nov 2004
41396 posts
Posted on 5/9/20 at 7:20 pm to
I have 2 questions.

1) Who was the guy watching the victim run out of the house?

2) Did the victim have something in his hand?

Also, citizens arrest doesn’t seem to be a good idea these days. Maybe was a better concept when people would just fight with their hands.
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