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Started By
Message
re: Larry English, owner of the house says no robbery committed.
Posted on 5/13/20 at 9:42 am to jbgleason
Posted on 5/13/20 at 9:42 am to jbgleason
quote:
“As an American”, we should be perfectly fine with a citizen being able to detain a law breaker for the authorities. No citizen should turn a blind eye and say “that’s the governments job.”
I agree somewhat. Citizen's arrest is something that is needed. But there needs to be strict guidelines for such measure (I'm not speaking to the laws that are currently in place, but rather generally speaking). There are many times where we should absolutely say, that is the police's job. We do what we can to help the police by calling, giving accurate descriptions, etc. But we dont need to promote vigilantism in the name of citizen's arrest.
If you see someone commit murder, rape, assault and battery, things like that in front of you and you have a chance to stop them before they can go on to harm others, then yes citizen's arrest protects you. Otoh if said person who committed said felony crime was able to get away, and later on you see the person whom you believe matches the suspect, then hell no citizens arrest should not protect you, call the police and let them handle it. We do not need citizens pulling guns on people just because they may or may not look like a criminal.
If you see someone kidnap a child, citizens arrest should protect you so that you could protect the child.
If you see an amber alert on your phone, for a kidnapped child in a 2010 Honda Accord. Do not chase down and pull your gun out on the next Honda Accord you see. You call the police with good details and let them handle it.
From the McMichael's account, they saw him running away in the street, and thought he was up to no good. That does not constitute citizen's arrest. Hypothetically, let's say Ahmaud broke into an occupied home where the owners were away. He proceeded to steal cash and jewlry. By all means, the individual who spotted Ahmaud and yelled at him could then perform citizens arrest. The McMichaels, who just spotted him running in the street, cannot perform a citizen's arrest, even if Ahmaud actually was running from committing a crime.
0
Posted on 5/13/20 at 9:45 am to SUB
quote:
You assume that the McMichaels knew nothing of value was in the place.
Their entire “citizen’s arrest” defense hinges on them knowing the details of what happened in that house.
Posted on 5/13/20 at 9:48 am to doubleb
quote:
So the second DA tried to provide the McMichaels with a defense or he gathered that ftom the McMichael’s attorney?
It’s not clear whether he came up with that on his own or got it from the McMichaels/their attorney. Either way he was trying to provide them with a defense which is pretty sketchy for a DA to do while recusing himself.
Posted on 5/13/20 at 9:50 am to doubleb
quote:
How did they know Arbery had been in the house that day?
Jr claims he saw him sprinting down the street. I'm not sure if they've claimed they saw him exit the house. Maybe somebody else can chime in.
This post was edited on 5/13/20 at 9:54 am
Posted on 5/13/20 at 9:53 am to lostinbr
quote:
Their entire “citizen’s arrest” defense hinges on them knowing the details of what happened in that house.
How so?
Posted on 5/13/20 at 9:56 am to SUB
quote:
Jr claims he saw him sprinting down the street. I'm not sure if they've claimed they saw him exit the house. Maybe somebody else can chime in.
Yes, it was reported they saw Arbery running down the street. Is there any report out that the McMichaels knew he had been in that house immediately before they saw him running? That is a huge question
Posted on 5/13/20 at 10:15 am to SUB
quote:
How so?
Because a citizen’s arrest in the state of Georgia is only legal if you are “in the presence of”—they weren’t—or “have immediate knowledge of”—again, KNOWLEDGE, not suspicion—a FELONY being committed.
So the defense is going to have to show 1) a FELONY had been committed, and 2) that they had “immediate knowledge” of said felony being committed for it to have been a legal citizen’s arrest. Knowing what we know now, there is no way their actions meet that standard. So if the citizen’s arrest was unlawful, what they did was assault. And since they had guns, that makes it aggravated assault. Since aggravated assault is a felony in Georgia, and someone died in the committing of that felony, malice/intent is not required to prove murder. Therefore, they are guilty of murder by Georgia law. Their only hope is to convince the jury that their attempt at a citizen’s arrest was lawful. And again, from what we know of what happened and the language of the Georgia statute on citizen’s arrest, it’s pretty clear their attempt did not rise to the standard necessary.
No citizen’s arrest = aggravated assault. Aggravated assault = felony. Felony + death of another human being in commission of said felony = murder.
Posted on 5/13/20 at 10:45 am to doubleb
quote:
You come to her aid. You stop the man, you may or may not try to detain him.
So you're in favor of citizen's arrest. Gotcha.
(And if you don't try to detain a man who just tried to violently rape a woman so he can run off and do it again, what kind of man are you???)
Posted on 5/13/20 at 11:00 am to SoFla Tideroller
quote:
(And if you don't try to detain a man who just tried to violently rape a woman so he can run off and do it again, what kind of man are you???)
In certain situations you might pull the guy off the woman, and haul her away from the scene. What you do depends on the circumstances. And I’m not opposed to citizen’s arrest. I’m just saying you don’t need citizen’s arrest laws to come to an individual’s assistance.
This post was edited on 5/13/20 at 11:01 am
Posted on 5/13/20 at 11:20 am to Barstools
quote:It's always a dumb arse red neck that uses this quote
play stupid games, win stupid prizes
Posted on 5/13/20 at 11:24 am to bigpetedatiga
I wonder who is making death threats?
Posted on 5/13/20 at 1:19 pm to lostinbr
quote:
Either way he was trying to provide them with a defense which is pretty sketchy for a DA to do while recusing himself.
He did it twice too. Once in the days immediately following the shooting in a letter and a in person meeting with GCPD and then again several weeks later in his recusal email to the Georgia AG's office.
If you recuse yourself from a case due to appearance of a conflict, it's improper to include your opinion on the case.
Posted on 5/13/20 at 1:30 pm to LoneStarRanger
quote:
I stopped caring yesterday. I have other things to worry about in today’s world
I agree, let the race baiters enhance theIr victim culture to justify in their own minds why they can’t accomplish anything in life while the rest of use laugh.
Posted on 5/13/20 at 1:40 pm to Red Stick Tigress
quote:
911 was called when McMichael Sr. saw him running past his house. Thought he resembled someone who had burglarized somewhere else in the neighborhood.
Citizens' arrest.
You'd have to ask McMichaels. Sr. said they went to grab their guns before pursuit.
Oh. So him and the boy had intentions of shooting the guy they were not sure was someone who burglarized another house in the neighborhood?
Or was there another reason he and the boy got in the truck, both armed, to chase down the dude who was shot?
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