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re: Facts from district attorney (Georgia shooting)

Posted on 5/9/20 at 2:48 pm to
Posted by Wolfhound45
Member since Nov 2009
127367 posts
Posted on 5/9/20 at 2:48 pm to
quote:

Ref: Glynn County , The Shooting death of Ahmaud Arbery , Feb 23rd , 2020
This is a total pile of steaming crap. He is not recusing himself from anything. He is making his case as to why he did not prosecute in the first place. He makes Ahmaud Arbery to be the instigator of the entire incident and deserving of his own death. Disgusting.
Posted by meansonny
ATL
Member since Sep 2012
26797 posts
Posted on 5/9/20 at 2:51 pm to
First off...

In georgia, you cannot get charged with trespassing for walking through a construction site. You cannot get charged with trespassing for walking through a yard to a dock/river/lake on the backside.

The statement of facts in the paragraph above are not sufficient to charge someone with trespassing. Have you seen a no trespassing sign? It literally is a requirement in Georgia for a trespassing charge to be on the table.

Second... there is a charge for loitering and Prowling in Georgia. The statement of facts in the paragraph above meet the first requirement in this charge. They do not meet the second requirement. When confronted, the alleged perpetrator must be evasive. Running down the street could be construed as meeting the second part.

All of that said... prowling and trespassing is a lesser charge to littering. It lacks the externalities of littering. It is often punishable with a court restraining order from the property.

None of this needs citizen detainment and/or enforcement.

But when someone claims that ahmaud was trespassing, be skeptical. I have not heard of any no trespassing signs on the construction site.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87305 posts
Posted on 5/9/20 at 2:52 pm to
I had the same thought, and yeah he booked it. Of course, he could be running away because he realized it seemed suspicious even if he wasn't doing anything nefarious
Posted by FAP SAM
Member since Sep 2014
3252 posts
Posted on 5/9/20 at 2:56 pm to
quote:

Hence "if"

People are so patterned by team politics that questions or caveats are automatically seen as defending the killers.

Sorry didn't mean to imply you were defending them. Just stating that bc you know there will be people that will completely discount him jogging simply bc he stopped to look into the house
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84434 posts
Posted on 5/9/20 at 2:56 pm to
Stealing from construction sites is more common than people think. Tools, bricks, baseboards, and other materials.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87305 posts
Posted on 5/9/20 at 2:56 pm to
To me any charge is irrelevant. But the underlying conduct isn't, at least in a societal discussion about what happened. In Atlanta, there is open talk about how the killers were affiliated with the Klan and were just looking for a black guy to lynch.

To the extent that's not true and we can accurately develop what occurred and the most likely reasons why, that is important for reasons largely unconnected to the prosecution.
This post was edited on 5/9/20 at 2:59 pm
Posted by dgnx6
Member since Feb 2006
89722 posts
Posted on 5/9/20 at 2:57 pm to
quote:

I had the same thought, and yeah he booked it. Of course, he could be running away because he realized it seemed suspicious even if he wasn't doing anything nefarious


I know the video is sped up, but hes moving much slower when he approaches the house and is running out of the house.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87305 posts
Posted on 5/9/20 at 2:58 pm to
All good I get it
Posted by dgnx6
Member since Feb 2006
89722 posts
Posted on 5/9/20 at 3:00 pm to
those guys had no right imo to go after him when the cops were not far behind. But they are going to try to use this in defense i would assume.
Posted by BigBrod81
Houma
Member since Sep 2010
22926 posts
Posted on 5/9/20 at 3:00 pm to
quote:

In georgia, you cannot get charged with trespassing for walking through a construction site. You cannot get charged with trespassing for walking through a yard to a dock/river/lake on the backside.


Yet trespassing is what is listed on the police report as being investigated based off the 911 calls. I posted a copy a few pages back.

Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
62679 posts
Posted on 5/9/20 at 3:01 pm to
quote:

Those are reasonable enough arguments against a murder charge


I disagree. However,

quote:

I'm sure their defense attorney can make those arguments during their murder trial.


This is the problem. It’s not his job to make the defense’s arguments—it’s his job to determine whether or not the state has a case (it obviously does) and to prosecute it to the best of his office’s ability. And he wasn’t going to do this until outside pressure was applied. He tried to bury it.
Posted by Wolfhound45
Member since Nov 2009
127367 posts
Posted on 5/9/20 at 3:01 pm to
Very convenient charge
Posted by BigBrod81
Houma
Member since Sep 2010
22926 posts
Posted on 5/9/20 at 3:05 pm to
quote:

Very convenient charge


That charge still doesn't meet the criteria of the law to justify a citizen's arrest in Georgia. Burnhill looks like an idiot for even trying to stretch that as a reason not to arrest.

Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87305 posts
Posted on 5/9/20 at 3:05 pm to
I'm not a Crim attorney, but a report of criminal trespass doesn't seem objectionable to me. Surely that's just a way of documenting what offenses were raised in the 911 calls?

Hence "observed" not having that offense listed?
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/9/20 at 3:09 pm to
quote:

Aubrey initiated the fight and attempted to forcibly take the shotgun.


Lemme see if I got this straight.

Some jackass points a gun at me, and I can’t defend myself with non lethal force.

If I respond with non lethal force to defend myself from an assault with a shotgun, the assailant can use deadly force to counter my defense.

What sort of methed out cracker fantasy you living in, baw?
This post was edited on 5/9/20 at 3:17 pm
Posted by Wolfhound45
Member since Nov 2009
127367 posts
Posted on 5/9/20 at 3:11 pm to
quote:

Burnhill looks like an idiot for even trying to stretch that as a reason not to arrest.
This has me boiling mad. He does not care. He knows that they will close ranks around him and he will be protected regardless.

This is absolutely insane. I do not care if Ahmaud Arbery was committing criminal trespass. That does not justify chasing him down and using armed force to attempt to detain him.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41042 posts
Posted on 5/9/20 at 3:12 pm to
What's funny is if AA was armed and pulled out his gun and blasted travis away, he'd probably walk. But because he defended himself without a gun, he's the aggressor according to these smooth brains.
Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
62679 posts
Posted on 5/9/20 at 3:14 pm to
quote:

The SECOND district attorney that had to recuse themselves. This guy is a dolt; I knew him when I lived down there.




Tell us a bit more about him. After reading that letter, he doesn’t appear to be very intelligent.
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
28011 posts
Posted on 5/9/20 at 4:15 pm to
quote:

Lemme see if I got this straight.

Some jackass points a gun at me, and I can’t defend myself with non lethal force.

If I respond with non lethal force to defend myself from an assault with a shotgun, the assailant can use deadly force to counter my defense.

What sort of methed out cracker fantasy you living in, baw?
I’m not saying I agree with it.

I was summarizing the argument for people who didn’t click the link.
Posted by Wolfhound45
Member since Nov 2009
127367 posts
Posted on 5/9/20 at 5:14 pm to
The father and son did not observe the criminal trespass. It has not even been proven the deceased committed that offense. That is what is objectionable to me.
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