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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
Posted by TigernMS12
Member since Jan 2013
5686 posts
Posted on 5/9/20 at 11:51 pm to
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 by FlexDawg
Member since Jan 2018
14497 posts
Posted on 5/10/20 at 12:23 am to
Posted by the808bass
The Lou
Member since Oct 2012
128778 posts
Posted on 5/10/20 at 12:26 am to
There it is. Burglary. And I saw the McMichaels in the background if you slow down the tape. Good shoot.
Posted by the808bass
The Lou
Member since Oct 2012
128778 posts
Posted on 5/10/20 at 12:27 am to
Also, did he change into his Timberlands after he leaves the house since he doesn’t have them on here?
Posted by Wolfhound45
Member since Nov 2009
127381 posts
Posted on 5/10/20 at 12:39 am to
Looks like criminal trespass to me. A misdemeanor.
Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 5/10/20 at 12:45 am to
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.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299445 posts
Posted on 5/10/20 at 12:46 am to
quote:

There are some straight up racist motherfrickers on this board.


That's not racism, Gomer.
Posted by Wolfhound45
Member since Nov 2009
127381 posts
Posted on 5/10/20 at 12:54 am to
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 by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71104 posts
Posted on 5/10/20 at 12:57 am to
Did he change into and back out of his tennis shoes here? Those don't look like the boots from the shooting video.
Posted by FlexDawg
Member since Jan 2018
14497 posts
Posted on 5/10/20 at 8:16 am to
quote:

Looks like criminal trespass to me. A misdemeanor.


Posted by Mo Jeaux
Member since Aug 2008
63665 posts
Posted on 5/10/20 at 8:24 am to
quote:

the808bass


You should take a break.
Posted by the808bass
The Lou
Member since Oct 2012
128778 posts
Posted on 5/10/20 at 8:26 am to
Eat a bag of dicks.
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
20586 posts
Posted on 5/10/20 at 8:44 am to
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 by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 5/10/20 at 8:49 am to
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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