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re: Ahmaud Arbery Case - Georgia Father and Son Arrested/Charged w/Murder
Posted on 5/9/20 at 11:51 pm to JudgeHolden
Posted on 5/9/20 at 11:51 pm to JudgeHolden
quote:
It's felony murder because of the assault.
You can't use felony assault as the basis for felony murder because it's an element of any murder. Anytime you kill someone you assault them. The only way I can think of where one could argue that you killed someone without an assault is by poisoning, which obviously doesn't apply here and many states have separate murder statutes for poisoning.
You are correct that you can not claim self defense if you are the aggressor.
Posted on 5/10/20 at 12:26 am to FlexDawg
There it is. Burglary. And I saw the McMichaels in the background if you slow down the tape. Good shoot.
Posted on 5/10/20 at 12:27 am to the808bass
Also, did he change into his Timberlands after he leaves the house since he doesn’t have them on here?
Posted on 5/10/20 at 12:39 am to FlexDawg
Looks like criminal trespass to me. A misdemeanor.
Posted on 5/10/20 at 12:45 am to Wolfhound45
Who even knew what this video depicted anyway, prior to the pursuit and shooting that is?
Basically, if Jr and Sr didn't know what was on the video, then it's ultimately irrelevant.
Basically, if Jr and Sr didn't know what was on the video, then it's ultimately irrelevant.
Posted on 5/10/20 at 12:46 am to TailbackU
quote:
There are some straight up racist motherfrickers on this board.
That's not racism, Gomer.
Posted on 5/10/20 at 12:54 am to davyjones
Don’t let our prosecutor on the OT know that. He says there was probable cause based on the letter by Barnhill. That was enough.
Posted on 5/10/20 at 12:57 am to FlexDawg
Did he change into and back out of his tennis shoes here? Those don't look like the boots from the shooting video.
Posted on 5/10/20 at 8:16 am to Wolfhound45
quote:
Looks like criminal trespass to me. A misdemeanor.

Posted on 5/10/20 at 8:24 am to the808bass
quote:
the808bass
You should take a break.
Posted on 5/10/20 at 8:44 am to AMS
quote:
1st degree doesnt need to explicitly include plans to kill
I'm sorry but that is incorrect. You can read the prerequisite conditions required by Georgia law for felony murder. Felony murder is what you called 1st degree. The video does not support "deliberate intention." Compare with involuntary manslaughter. As much as agree that it was a despicable and unnecessary act the fact (as currently know) do not support a charge of murder, IMO. So to my original point. If this goes to trial and the only charge is murder, then they walk. Now a jury may convict on emotion, but that will be vacated on an appeal.
O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder
(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.
(b) Express malice is that deliberate intention unlawfully to take the life of another human
O.C.G.A. 16-5-3 (2010)
16-5-3. Involuntary manslaughter
(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act ... N/A
(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so
Posted on 5/10/20 at 8:49 am to davyjones
quote:
Basically, if Jr and Sr didn't know what was on the video, then it's ultimately irrelevant.
Of course, but it’s easier for racists to justify their heartless racism when they tear down the murder victim.
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