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re: if two people follow me around with guns while im going for a jog

Posted on 5/10/20 at 10:32 am to
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
60268 posts
Posted on 5/10/20 at 10:32 am to
quote:

Just stick with giving your friends wine. As long as it is a mighty fine wine.
Absolutely
Posted by Wolfhound45
Member since Nov 2009
125525 posts
Posted on 5/10/20 at 10:33 am to
Joy to the world
Posted by Kujo
225-911-5736
Member since Dec 2015
6044 posts
Posted on 5/10/20 at 10:41 am to
quote:

appears that there were no thefts in the local area with the exception of a 9mm pistol stolen from a vehicle belonging to the McMichaels
quote:

Between inaudible sentences, the caller says: "he's been caught on camera a bunch at night. It's kind of an ongoing thing. The man building the house has got heart issues. I think he's not going to finish it."


The 911 caller had made other 911 calls in the past as little as 12 days earlier about the a man he thought was the guy he was calling about that day (the completely innocent jogger)

Like a raccoon has been rummaging through your garbage and one day you find a raccoon near your garbage cans. You can't be 100% certain it's the same raccoon, maybe that raccoon was just out for his nightly stroll. So it's just animal cruelty if you kill it.
This post was edited on 5/10/20 at 10:45 am
Posted by LSUtoBOOT
Member since Aug 2012
19021 posts
Posted on 5/10/20 at 10:47 am to
quote:

if two people follow me around with guns while im going for a jog


....then I recommend picking up the pace to a full out sprint while weaving intermittently.
This post was edited on 5/10/20 at 10:51 am
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12585 posts
Posted on 5/10/20 at 11:40 am to
quote:

Like a raccoon has been rummaging through your garbage and one day you find a raccoon near your garbage cans. You can't be 100% certain it's the same raccoon, maybe that raccoon was just out for his nightly stroll. So it's just animal cruelty if you kill it.

Definitely the same thing.
Posted by Wolfhound45
Member since Nov 2009
125525 posts
Posted on 5/10/20 at 12:09 pm to
quote:

the completely innocent jogger
Move to strike. I have never used (and will never use) that phrase to refer to Arbery. I believe he committed criminal trespass with the intent to eventually commit theft at a later time. And I believe it might come out in the trial (the defense will definitely try to bring it out). Unfortunately it will not be germane and possibly not even admissible during the trial. The key issue to be addressed is if the McMichaels met the standard of the statute of citizens arrest under Georgia law. With my limited understanding of the facts right now, it is my contention they did not.
This post was edited on 5/10/20 at 12:11 pm
Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
61954 posts
Posted on 5/10/20 at 12:18 pm to
quote:

Good gracious! By the time I was 10 years old I knew enough about the law, from watching detective shows, to know this is not murder. If the victim had continued jogging straight ahead, instead of cutting towards the guy with the gun, and had the guy shot him as he was running past, it MIGHT be murder.


Jesus Christ. I’m. I’m not gonna get sucked into getting triggered again today, but I seriously doubt the detective shows you watched as a child did a very good job of parsing through the nuances of the Georgia penal code.

quote:

a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.


quote:

From what we now know, it cannot be proved that their intention was to kill rather than apprehend him.


Their “intention” is not required to be proven if the prosecution can argue/prove that malice was implied when they rounded up the their guns and a neighbor and jumped in their truck to chase him. I think the prosecution has a strong argument if that’s what they go for. However, according to (c), even malice is not necessary to meet the standard of murder in Georgia:

quote:

(c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.


quote:

C) Maybe apprehending the dude without witnessing a crime is a felony. If so, this would apply, but I doubt it.


You’d be wrong. Along with murder, the GBI also charged them both with aggravated assault—a felony.
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 12:20 pm to
quote:

Like a raccoon has been rummaging through your garbage and one day you find a raccoon near your garbage cans. You can't be 100% certain it's the same raccoon, maybe that raccoon was just out for his nightly stroll. So it's just animal cruelty if you kill it.
Wow!
Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
61954 posts
Posted on 5/10/20 at 12:22 pm to
quote:

Like a raccoon has been rummaging through your garbage and one day you find a raccoon near your garbage cans. You can't be 100% certain it's the same raccoon, maybe that raccoon was just out for his nightly stroll. So it's just animal cruelty if you kill it.


Can you not see the overt racism you just typed out there? I literally can’t even.
Posted by HogBalls
Member since Nov 2014
8875 posts
Posted on 5/10/20 at 12:22 pm to
(no message)
This post was edited on 6/9/20 at 1:51 pm
Posted by magildachunks
Member since Oct 2006
34848 posts
Posted on 5/10/20 at 12:53 pm to
quote:

Posted above there were two 911 calls that day about the "victim"



Yep.


One by the elder McMichael and the other by the friend filming.


Like I said: could be construed as CYA before the act which could be argued to be premeditation.

Which opens the door for death penalty.
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 5/10/20 at 2:43 pm to
quote:

Like I said: could be construed as CYA before the act which could be argued to be premeditation.

Which opens the door for death penalty.


The mental gymnastics you guys can come up with is astounding. Let me call 911 to establish an alibi then film my buddy shooting the guy to cover it all up and hand that over to the police.

Would it have better for a cover up if there was no video of the events? You imply they are smart enough and calculating to call 911 on an intruder which I think the general population would consider a normal activity. Then immediately following film the shooting?

Posted by Summer of George
Baton Rouge
Member since Apr 2010
5999 posts
Posted on 5/10/20 at 5:37 pm to
quote:

This is the goddamn United States of America. You don’t have to comply with some dumb frick redneck civilians trying to illegally detain you. We are having a national conversation wondering if we are giving up/having our rights illegally taken and being illegally detained and jailed by the the people who at least we’ve either elected or have been trained to do these things. A lot of us are extremely nervous about surrendering so much authority, thinking a lot of what’s happening is a violation of our Constitutional rights. And you want to give these fricking untrained redneck knuckle-draggers even MORE authority to unlawfully detain American citizens? Is this the goddamn Twilight Zone? I can’t believe some of your are so fricking stupid and lack such self-awareness. Actually, I can. And it’s fricking terrifying.


You didn’t answer the question.
Posted by Wolfhound45
Member since Nov 2009
125525 posts
Posted on 5/10/20 at 5:43 pm to
quote:

an intruder
There was no intruder. The McMichaels began pursuing him because of a suspicion by the elderly McMichael from previous criminal activity. That is from his own statement. They were completely unaware of the criminal trespassing (a misdemeanor) that had just occurred. Hence they had no probable cause for a citizens arrest under Georgia law.

The more you know.
Posted by Wolfhound45
Member since Nov 2009
125525 posts
Posted on 5/10/20 at 5:46 pm to
quote:

If the dude would have complied with being held at gun point would he be dead?
He did not have to comply. It was an unlawful detention. Do you want individuals going throughout our neighborhoods establishing armed checkpoints based upon previous suspicious activity? That was why they began the armed pursuit based upon the statement by the elderly McMichaels.
Posted by Summer of George
Baton Rouge
Member since Apr 2010
5999 posts
Posted on 5/10/20 at 5:57 pm to
quote:

He did not have to comply. It was an unlawful detention. Do you want individuals going throughout our neighborhoods establishing armed checkpoints based upon previous suspicious activity? That was why they began the armed pursuit based upon the statement by the elderly McMichaels.


I understand he didn’t have to comply but when you have a fricking gun pointed at you you sure as frick don’t try to take it away.



Posted by Wolfhound45
Member since Nov 2009
125525 posts
Posted on 5/10/20 at 6:34 pm to
When you believe it is the only option you have? Yeah, you try to resist. Not what I would have done but I can’t fault him for what he did.
Posted by GeauxtigersMs36
The coast
Member since Jan 2018
12362 posts
Posted on 5/10/20 at 6:36 pm to
When will people learn taking the law in your own hands whether your in the right ( not saying they are) brings more problems than just calling the cops and letting them do their job.
Posted by FAP SAM
Member since Sep 2014
3229 posts
Posted on 5/10/20 at 6:45 pm to
quote:

when you have a fricking gun pointed at you you sure as frick don’t try to take it away.

Unless you think your life depends on it
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