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re: Alleged video of Ahmaud Arbery shooting leaks

Posted on 5/7/20 at 8:33 am to
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
107982 posts
Posted on 5/7/20 at 8:33 am to
quote:

You nor I know exactly what happened nor the history of these people or the guy that was shot.


His criminal history doesn't matter in citizen's arrest statute unless the history is the men witnessed him committing a felony crime. They admitted in the police report/interview that they did not see him, nor had knowledge, of him committing a felony crime. That we know from what has been released (even not on "liberal media").

His previous arrest record or time served doesn't just automatically make him eligible for a citizen's arrest. It's irrelevant here. Even with that vague language, you can't engage in a citizen's arrest because someone is jogging through your neighborhood who happens to have a record.
Posted by jordan21210
Member since Apr 2009
14206 posts
Posted on 5/7/20 at 8:34 am to
quote:

You say don't bring up the victims past but maybe this poor innocent victim wasn't so innocent


By this logic, you’d be legally justified to walk into a 9th ward housing project and kill at random. Some of y’all are batshit crazy.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
107982 posts
Posted on 5/7/20 at 8:34 am to
quote:

The first shot wasn’t fired until he rushed the shooter, then the second and third were fired while they were struggling over the gun.



The first shot was fired before there was any physical engagement. Rewatch the video. He was still jogging when the first shot was fired.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27780 posts
Posted on 5/7/20 at 8:35 am to
quote:

That literally has nothing to do with what I said


I was just chiming in. I may have replied to you because your comment was the most recent. Not really replying to you.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 5/7/20 at 8:35 am to
Georgia Self Defense law:

quote:

O.C.G.A. 16-3-21 states that:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to
prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm
upon the assailant;

(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection

(a) of this Code section, the defendant, in order to establish the defendant´s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:

(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and

(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert´s
opinion.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44827 posts
Posted on 5/7/20 at 8:36 am to
Will they be able to enhance the audio enough to hear what was said before the shooting? I thought I heard shouting but not sure.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 5/7/20 at 8:38 am to
quote:

The basics of the shooting are the same


No, they aren't. It's not even close. Do you even know what transpired in the Zimmerman case.

quote:

The first shot wasn’t fired until he rushed the shooter, then the second and third were fired while they were struggling over the gun.


That's not what the video shows.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
107982 posts
Posted on 5/7/20 at 8:38 am to
I don't believe they're arguing the self-defense law (I could be wrong) because this:

quote:

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm
upon the assailant;


The shooters fired the first shot before the victim physically engaged the man just outside of the truck. I think the first shot may have come from the Dad in the truck bed. But there was definitely a first shot before anything else went down and that would negate their self-defense argument. They also hopped in their trucks, armed, with the intent to pursue the victim before any physical altercation happened.

ETA: I believe that's why they're instead using the citizen's arrest argument and arguing they were in the middle of a citizen's arrest instead.
This post was edited on 5/7/20 at 8:40 am
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
30278 posts
Posted on 5/7/20 at 8:38 am to
You know when I see something like this it always reminds me of this lyric

"Whatever happened to catchin a good old fashioned passionate arse whoopin?....Whatever happened to havin your shoes, coat, and your hat tookin?"
Posted by Mo Jeaux
Member since Aug 2008
63615 posts
Posted on 5/7/20 at 8:39 am to
quote:

And how is character relevant?

You don't get to attack character in the courtroom unless it is material.


This isn't a courtroom.

I don't think the guy was just out for a jog. Maybe I'm wrong. Maybe he was.
Posted by bushwacker
youngsville
Member since Feb 2010
4010 posts
Posted on 5/7/20 at 8:39 am to
Damn i just watched this. In broad daylight? They straight up murdered his arse. How about call the cops if he is suspicious? wow.
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
30278 posts
Posted on 5/7/20 at 8:40 am to
quote:

That's not what the video shows.


quote:

I think the first shot may have come from the Dad in the truck bed.


That's not what I'm seeing...I'm not saying ya'll are wrong but what I'm seeing is the guy that shoots the first shot is in front of the truck and it almost looks like the guys rounds off toward the shooter when he passes the front of the truck.....tell me what you see?
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
107982 posts
Posted on 5/7/20 at 8:41 am to
quote:

This isn't a courtroom.

I don't think the guy was just out for a jog. Maybe I'm wrong. Maybe he was.



Even if he wasn't just out for a jog and was peeping some construction site, that still doesn't justify gunning him down in the street.
This post was edited on 5/7/20 at 8:42 am
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44827 posts
Posted on 5/7/20 at 8:41 am to
quote:

The first shot wasn’t fired until he rushed the shooter, then the second and third were fired while they were struggling over the gun.


That's not what the video shows.


I couldn’t see what was happening at the exact moment the first shot was fired. That’s the problem. If the runner shouted “I’m gonna take that gun from you and shoot you in the head” and then charged at him it would be a different story then if the shooter just shot him when he ran around the truck trying to get away.

I can’t tell.
Posted by Dire Wolf
bawcomville
Member since Sep 2008
40333 posts
Posted on 5/7/20 at 8:41 am to
quote:


The basics of the shooting are the same and will be the same reason these guys don’t get a murder charge.


Not really, I am not big city lawyer but if you can claim stand your ground in this case then the law needs to be tossed out.

Two armed guys road blocking a runner. One in an elevated position. If anyone is standing their ground it’s the victim
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
30278 posts
Posted on 5/7/20 at 8:41 am to
quote:

How about call the cops if he is suspicious? wow.


Novel idea I know....real progressive
Posted by The Pirate King
Pangu
Member since May 2014
68396 posts
Posted on 5/7/20 at 8:41 am to
quote:

The first shot was fired before there was any physical engagement. Rewatch the video. He was still jogging when the first shot was fired.


The first shot was taken when he goes around the truck and turns hard left to rush the shooter. First shot struck him in the hand. The fatal shots weren’t fired until there was a struggle over the gun. How can you convict someone of murder when the fatal shots were fired while two people are fighting over a gun?

Btw I’m 100% in agreement that this was an 100% avoidable situation and these guys were profiling, racist, whatever.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 5/7/20 at 8:41 am to
Georgia Citizen's Arrest statute:

quote:

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.
Posted by The Egg
Houston, TX
Member since Dec 2004
83731 posts
Posted on 5/7/20 at 8:42 am to
This citizens arrest law is curious to me

So if I see someone jogging in my neighborhood, I can harass him under the guise that there were a few car break-ins recently?

Like I can physically go after him and frick with him even if I've seen him do nothing and have no evidence of him doing anything.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 5/7/20 at 8:42 am to
quote:

This isn't a courtroom.


The discussion reloves around the legal consequences of this action.

quote:

I don't think the guy was just out for a jog. Maybe I'm wrong. Maybe he was.


Won't matter
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