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re: So DA George Barnhill had the same video in possession since the day of the Arbery murder

Posted on 5/7/20 at 8:08 pm to
Posted by Antonio Moss
The South
Member since Mar 2006
48708 posts
Posted on 5/7/20 at 8:08 pm to
quote:

This is a very general statement and not entirely true.


What's not true?

There was never an attempt by the shooter to withdraw from the conflict, so the aggressor principle would stand.

quote:

Nothing anybody did was against the law (stupid maybe) until a gun was pointed at someone else.


Being the aggressor doesn't require breaking the law.

quote:

I don’t know when or why the gun was pointed at the deceased and then the trigger pulled but that is the heart of the matter.


What plausible set of circumstances could have justifiably lead for the two rednecks to block the street and draw their guns at the victim?

quote:

If the deceased was the aggressor (armed or not) then this is a different scenario much as the DA reported.


There is no evidence that the victim was the aggressor. Even by the rednecks accounts.

quote:

There is more to this story and I would like to see the other video for sure.


I'm not sure there is much more to this story. Even by their own accounts, the rednecks are guilty of murder.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
38699 posts
Posted on 5/7/20 at 8:08 pm to
quote:

Wouldn’t he have run around the right hand side of the truck if he was trying to run around him? I believe there was a guy on the left with a shotgun and then a guy in the bed of the truck. If you’re trying to run around them why go left?



He went right.
Posted by DomincDecoco
of no fixed abode
Member since Oct 2018
11482 posts
Posted on 5/7/20 at 8:09 pm to
quote:

However, they were pursuing the guy and you learn in self-defense 101 that the instant you become the pursuer or if you initiate an altercation, your claim of self-defense goes out the window.





Posted by magildachunks
Member since Oct 2006
34160 posts
Posted on 5/7/20 at 8:12 pm to
The 911 call the dad made doesn't help him.

quote:



NEWS

These are the two emergency calls made before Ahmaud Arbery was killed

By Jorge Fitz-Gibbon

May 7, 2020 | 2:28pm

Police in Georgia received two calls prior to the shooting death of an unarmed black jogger — including a 911 call by the white man suspected in the slaying, according to a new report.

The recordings give a chilling account of the moments before 25-year-old Ahmaud Arbery was shot dead in February.

“Hello, er, I’m out here in Satilla Shores,” Gregory McMichael, a retired district attorney investigator, said during the 911 call. “There’s a black male running down the street,” the Daily Mail reported Thursday. “I don’t know what street we’re on.”

McMichael, 64, who was with his 34-year-old son, Travis, is heard saying, “Goddamn it, c’mon, Travis.”

McMichael then gets off the call, and the 911 operator can be heard asking, “Hello, where you at?” for the remainder of the 4-minute, 45-second call, but does not get a response.





LINK
Posted by TitleistProV1X
Member since Nov 2015
3598 posts
Posted on 5/7/20 at 8:22 pm to
quote:

He went right.

Just saw that thanks to someone taking some screen shots. The video is very unclear on my cell phone so it’s hard to pick up all the details and it happens very quickly. Looks like he tried to go around passenger side and apparently gets cut off by the driver on that side and then he tries to make a quick left and the driver comes around front of truck to the driver side.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7947 posts
Posted on 5/7/20 at 8:22 pm to
We’ll have to see what comes out in the jury trial.

What happened before the shooting, what the shooter believed or felt (right or wrong) is part of the equation.

I’m not saying the shooter was justified in his actions for certain. I am saying this doesn’t appear to be a cut and dried murder charge.
Posted by Antonio Moss
The South
Member since Mar 2006
48708 posts
Posted on 5/7/20 at 8:25 pm to
quote:

what the shooter believed or felt (right or wrong) is part of the equation.


Actually, no it's not.

It's judged by a reasonability standard. The actual perceptions of the shooter are somewhat immaterial.
Posted by SHOtime Tiger
Member since Aug 2019
1361 posts
Posted on 5/7/20 at 9:34 pm to
quote:

How anyone can come to a definitive judgment at fault is beyond me without more facts?


My friend, we on Tigerdroppings not a jury. I feel confident in posters on the site using the available facts to come to a decision while still reserving the right to change their mind if new data becomes available
This post was edited on 5/7/20 at 9:35 pm
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
38699 posts
Posted on 5/7/20 at 9:36 pm to
quote:

someone show me where what they did prior to the shooting was illegal


Assault with a deadly weapon for starters
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7947 posts
Posted on 5/7/20 at 9:41 pm to
quote:

Actually, no it's not.

It's judged by a reasonability standard. The actual perceptions of the shooter are somewhat immaterial.



Actually, yes it is.

Many shootings have been justified or reduced to manslaughter based on the belief that one was "in fear for their life". Whether real or perceived.

This is the standard by which lethal force can be justified.

Does a reasonable person have fear for their life at the time they used lethal force?

Posted by SHOtime Tiger
Member since Aug 2019
1361 posts
Posted on 5/7/20 at 9:42 pm to
quote:

y Pesticide


quote:


I never once saw him point the gun until there was a struggle for it. Therefore my previous statement is true. Not illegal to own a gun or have gun in your possession.



Dude you gotta come stronger than that
Posted by slackster
Houston
Member since Mar 2009
89846 posts
Posted on 5/7/20 at 9:44 pm to
quote:

If the brothers were just on racist hunt ready to commit murder why did the shooting take place at close range?





I don't think anyone truly believes this was their motive.

I think they saw a guy who fit some description (which was probably nothing more than a black male) and decided to scratch that LEO itch they hadn't had in a while.

Things went south when they blocked the road and got out with a shotgun, and they deserve the consequences of their stupidity and, perhaps, racial motivations.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
38699 posts
Posted on 5/7/20 at 9:44 pm to
quote:

I never once saw him point the gun until there was a struggle for it. Therefore my previous statement is true. Not illegal to own a gun or have gun in your possession


If two baws get out of the truck with guns drawn, you wouldn't have a fear of immediately receiving a violent injury? Really?
This post was edited on 5/7/20 at 10:06 pm
Posted by SHOtime Tiger
Member since Aug 2019
1361 posts
Posted on 5/7/20 at 9:45 pm to
quote:

It's judged by a reasonability standard.


quote:

Actually, yes it is.


quote:

This is the standard by which lethal force can be justified


quote:


Does a reasonable person have fear for their life at the time they used lethal force?


My friend what are you arguing about?
Posted by slackster
Houston
Member since Mar 2009
89846 posts
Posted on 5/7/20 at 9:46 pm to
quote:

Actually, yes it is.

Many shootings have been justified or reduced to manslaughter based on the belief that one was "in fear for their life". Whether real or perceived.

This is the standard by which lethal force can be justified.

Does a reasonable person have fear for their life at the time they used lethal force?




You're still not understanding.

The standard is whether a reasonable person would be fearful. It is not whether the shooter was fearful. It is an important distinction.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7947 posts
Posted on 5/7/20 at 9:51 pm to
quote:

My friend what are you arguing about?


Poster I was replying to claims the mental state or belief of the shooter's fear for his life has nothing to do with the justification for lethal force.

The mental state and belief of fear for one's life is at the heart of the definition. It does not matter if the actual threat is real.

I'll make a hypothetical devils advocate example:
A person puls a gun on you in the parking lot with intent to rob you. Gun is unloaded (unknown to you) but you draw your weapon and kill him.

The danger was never real, the gun was never loaded, but you damn sure believe your life is in danger.

Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7947 posts
Posted on 5/7/20 at 9:57 pm to
quote:


You're still not understanding.

The standard is whether a reasonable person would be fearful. It is not whether the shooter was fearful. It is an important distinction.


I absolutely understand.

In this case Son (shooter) could have been standing in front of the truck, gun at his side, not pointed at anyone. Not illegal and not assault or brandishing.

Once rushed by the deceased (hypothetical but corroborated by the DA) could the shooter have feared for his life? Would a reasonable person have fear for their life? If you were wrestling for control of a loaded shotgun with another person would you have fear for your life?

It's up for a grand jury to decide but I can tell you for a fact the shooters belief (as judged by the jury) that they were in fear for their life is part of the case.

I'm not supporting these guys actions but many on this thread just want to attack and be contrarian to any sliver of chance the shooting may be deemed justified.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
38699 posts
Posted on 5/7/20 at 10:02 pm to
quote:

not assault


Blocking someone's right of way with a vehicle and then exiting said vehicle with your gun drawn is fits the assault definition pretty well.
Posted by SHOtime Tiger
Member since Aug 2019
1361 posts
Posted on 5/7/20 at 10:03 pm to
quote:



I'll make a hypothetical devils advocate example:
A person puls a gun on you in the parking lot with intent to rob you. Gun is unloaded (unknown to you) but you draw your weapon and kill him.

The danger was never real, the gun was never loaded, but you damn sure believe your life is in danger.



So how is your devils advocate hypothetical, not more applicable to the deceased than to the others?

Are you trolling?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
38699 posts
Posted on 5/7/20 at 10:04 pm to
quote:

Post said still frame in the video where a gun was pointed prior to struggle for the gun.



Answer the question.

quote:

If two baws get out of the truck with guns drawn, you wouldn't have a fear of immediately receiving a violent injury? Really?


I even edited the language to be more in line with the facts in this case
This post was edited on 5/7/20 at 10:07 pm
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