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Message
re: Alleged video of Ahmaud Arbery shooting leaks
Posted on 5/8/20 at 8:42 am to Hot Carl
Posted on 5/8/20 at 8:42 am to Hot Carl
quote:
So since they were “in the commission of a felony” and “caused the death of another human being,” intent doesn’t have to be proven—it is “irrespective of malice.”
The facts here do not support false imprisonment. It would be a tremendous stretch of the law.
I don't see the prosecution attempting a felony murder charge in this case.
But I disagree with the "intent to murder". Intent doesn't mean premeditation. It simply means an understanding that the consequences of the action were reasonably likely to occur.
2
Posted on 5/8/20 at 9:12 am to drdoct
quote:
There really isn't any scenario I can think of that would get these baws out of murder. However, apparently the DA has a history of covering for cops so race may not have been a factor in not charging them. Here is a pic of the DA giving the dad baw an award.
The DA recused himself as did another DA. Wouldn't this case be prosecuted by the State of Georgia Attorney General's office now?
Posted on 5/8/20 at 9:20 am to Antonio Moss
quote:
The facts here do not support false imprisonment. It would be a tremendous stretch of the law.
How so?
quote:
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
It looks like they met that standard to me. Aggravated assault is another felony that they would seem to have met the standard for, though I’m not looking at it.
quote:
I don't see the prosecution attempting a felony murder charge in this case
Maybe not—it doesn’t seem like the good ol’ baws in Georgia wanted to charge them with anything. But it doesn’t mean the prosecution/state doesn’t have a case.
quote:
But I disagree with the "intent to murder". Intent doesn't mean premeditation. It simply means an understanding that the consequences of the action were reasonably likely to occur.
We’re on the same page here.
Posted on 5/8/20 at 9:25 am to Antonio Moss
quote:
The facts here do not support false imprisonment. It would be a tremendous stretch of the law.
I don't see the prosecution attempting a felony murder charge in this case.
But I disagree with the "intent to murder". Intent doesn't mean premeditation. It simply means an understanding that the consequences of the action were reasonably likely to occur.
I think these are valid points.
I suspect it wasn't their intent to kill Arbery from the beginning. You had two guys who decided to play cops and those overzealous actions led up to the armed confrontation and ultimately, the death of Arbery. Some accounts say they tried several times to detain Arbery with the vehicle and he would dodge the truck and keep running.
I'm betting on some type of Manslaughter charge but I think the two McMichaels are definitely going to do some time.
Posted on 5/8/20 at 9:28 am to AndyCBR
quote:
I suspect it wasn't their intent to kill Arbery from the beginning.
Ya think?
Posted on 5/8/20 at 9:31 am to Icansee4miles
quote:
considering the numbers of whites gunned down by blacks in New Orleans alone on a regular basis.
I genuinely would love for you to present some facts that support that is a thing, because I am willing to bet a lot of money it isn't. The majority of NOLA shootings are gang/beef related, there are very few random shootings, and I would venture to say none based solely on race.
Posted on 5/8/20 at 9:35 am to AndyCBR
quote:
I suspect it wasn't their intent to kill Arbery from the beginning. You had two guys who decided to play cops and those overzealous actions led up to the armed confrontation and ultimately, the death of Arbery.
I feel the same.
quote:
Some accounts say they tried several times to detain Arbery with the vehicle and he would dodge the truck and keep running.
That wouldn't surprise me and would shed more light on why Arbery went for the gun. If he wasn't simply just jogging and being chased, you can tell he's got to be tired at that point.
I hope the book is thrown at them.
Posted on 5/8/20 at 9:41 am to Tigeralum2008
A third DA was assigned the case by the AG office, yes.
The first two recused themselves because McMichael had worked for each of their offices as an investigator.
The first two recused themselves because McMichael had worked for each of their offices as an investigator.
Posted on 5/8/20 at 9:48 am to Floyd Dawg
quote:
A third DA was assigned the case by the AG office, yes.
The first two recused themselves because McMichael had worked for each of their offices as an investigator
The odd thing is, when the 1st DA recused himself he released a statement saying that they shouldn't be charged
Posted on 5/8/20 at 10:22 am to FAP SAM
Can anybody who understands the law chime in, what does a lawful citizen's arrest look like. I know that.
Let's say for example that the McMichaels actually did witness Ahmaud commit a crime. Let's say that they witnessed him break inside their neighbor's home. And upon leaving he started running down the street. Ill take it even further to say the burglary could be corroborated with stolen items on his person.
Would the McMichaels actions be justified in that case? Would they be legally allowed to hold the shooter at gunpoint until police arrived.
Obviously Im not defending them here, I am just wondering about the law and citizen's arrest because I'm not very familiar with it at all.
Let's say for example that the McMichaels actually did witness Ahmaud commit a crime. Let's say that they witnessed him break inside their neighbor's home. And upon leaving he started running down the street. Ill take it even further to say the burglary could be corroborated with stolen items on his person.
Would the McMichaels actions be justified in that case? Would they be legally allowed to hold the shooter at gunpoint until police arrived.
Obviously Im not defending them here, I am just wondering about the law and citizen's arrest because I'm not very familiar with it at all.
Posted on 5/8/20 at 10:24 am to AndyCBR
quote:
I suspect it wasn't their intent to kill Arbery from the beginning.
Probably not, but that doesn’t matter. The prosecution doesn’t have prove intent (malice) if they caused the death of another person while they themselves were in the process of committing a felony, which they were charged with—aggravated assault.
quote:
I'm betting on some type of Manslaughter charge
I think a lot of you guys are using your Law and Order general understandings of the different degrees of murder and manslaughter instead of looking at the specific Georgia statutes—the only things that matter.
Posted on 5/8/20 at 10:26 am to QJenk
I believe you are only permitted to make a citizens arrest when you witness someone stealing your own property
Posted on 5/8/20 at 10:28 am to QJenk
quote:
Would the McMichaels actions be justified in that case?
From what I can gather, the use of lethal force makes things really muddy. And not actually witnessing him committing a felony crime, because for a lot of states you’re required to witness it yourself. Because it varies from state to state. Some states don’t allow lethal force to be used. Some do. Some shelter people making a citizens arrest from civil or criminal liability. Some don’t.
This post was edited on 5/8/20 at 10:30 am
Posted on 5/8/20 at 10:32 am to QJenk
quote:
Can anybody who understands the law chime in, what does a lawful citizen's arrest look like. I know that.
This is the Georgia statute on citizen’s arrest:
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.
It appears pretty clear that their actions do not meet this standard. To me, anyway.
Posted on 5/8/20 at 11:06 am to Hot Carl
quote:
I think a lot of you guys are using your Law and Order general understanding
Hey don't shite on McCoy... I've learned a great deal from Jack..
Posted on 5/8/20 at 11:12 am to JDPndahizzy
Why would the guy that filmed this not just immediately delete it? Are these guys so stupid that they thought this video helped them?
Posted on 5/8/20 at 11:15 am to Eric Nies Grind Time
Has anyone called these clowns animals or do we just reserve the suhuman insults for blacks?
Posted on 5/8/20 at 11:15 am to AndyCBR
quote:Not sure why that matters. Premeditated/Intent to kill doesn't have a time requirement; it only means that you knew before you pulled the trigger that you were highly likely to kill the person. Their intent from the beginning could have been to go to the grocery store, but if they got distracted on the way and decided to kill someone then that's premeditated/intent.
I suspect it wasn't their intent to kill Arbery from the beginning.
quote:Agreed
You had two guys who decided to play cops and those overzealous actions led up to the armed confrontation and ultimately, the death of Arbery. Some accounts say they tried several times to detain Arbery with the vehicle and he would dodge the truck and keep running.
quote:I don't see how Travis gets anything other than murder, possibly in the first degree.
I'm betting on some type of Manslaughter charge but I think the two McMichaels are definitely going to do some time.
Posted on 5/8/20 at 11:16 am to Eric Nies Grind Time
quote:
Are these guys so stupid that they thought this video helped them?
Look at Travis McMichael's picture and you have your answer. You couldn't draw up a more fitting stereotype.
This post was edited on 5/8/20 at 11:18 am
Posted on 5/8/20 at 11:17 am to Eric Nies Grind Time
quote:One of the silver linings about people who do shite like this is that they are almost always retards.
Why would the guy that filmed this not just immediately delete it? Are these guys so stupid that they thought this video helped them?
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