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re: Ahmaud Arbery murder suspects seek to ban Confederate flag license plate from evidence

Posted on 10/7/21 at 9:11 pm to
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:11 pm to
quote:

I can't explain this to an idiot.


You don’t understand the law
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:12 pm to
quote:

Yes, based on conversations I've read about the property owner installing cameras, motion detectors, and being in constant contact with neighbors that could help keep an eye on his property.


What was reported stolen to law enforcement?
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:15 pm to
If I had trespassed and been arrested 29 times on this property but there was zero credible and provable evidence that anything was stolen and or stolen in my presence would they have a credible case against me for burglary or would it be trespassing/ loitering/ criminal mischief etc?
This post was edited on 10/7/21 at 9:25 pm
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:26 pm to
Once again you do not understand the law and how it is applied.
This post was edited on 10/7/21 at 9:27 pm
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:38 pm to
And please excuse the misspellings and grammatical errors . I am typing on my phone which autocorrects and I’ve loss my glasses.
Posted by riccoar
Arkansas
Member since Mar 2006
5128 posts
Posted on 10/7/21 at 9:50 pm to
I'd appreciate if you guys wouldn't put lyrics in your sig line. Now I'm on iTunes searching and that always ends bad
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/7/21 at 9:59 pm to
Thank me later!!
Posted by BillRose
Texas
Member since Jun 2021
989 posts
Posted on 10/7/21 at 10:00 pm to

This post has been marked unreadable!

Posted by BillRose
Texas
Member since Jun 2021
989 posts
Posted on 10/7/21 at 10:05 pm to
Then why didn't the guy just stop and talk if he was innocent? Or because he was Black him collecting reparations is OK with you.
Posted by riccoar
Arkansas
Member since Mar 2006
5128 posts
Posted on 10/7/21 at 10:06 pm to
Drive-By Truckers. Wife: why is there an iTunes receipt for $25
Posted by Azkiger
Member since Nov 2016
28167 posts
Posted on 10/8/21 at 2:48 am to
quote:


You don’t understand the law


Intent isn't some obscure legal term, it's a commonly used word.

Considering the circumstantial evidence and Arbery's past (he was on probation at that time for stealing, even had a history of stealing and trying to pass off his presence in the area as 'he was just jogging) a DA wouldn't have any issues connecting the dots and charging him with burglary.

quote:

What was reported stolen to law enforcement?


Probably was. Would you change your mind if during the trial it turns out that items were reported stolen from that property within a few weeks of this shooting?
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/8/21 at 5:20 am to
He was not on probation at the time. Nothing was ever reported stolen to the police. You honestly think if the police had pulled up and found in the construction site that day and when questioned he said he was just looking around he would have been charged with burglary?
Posted by Azkiger
Member since Nov 2016
28167 posts
Posted on 10/8/21 at 5:51 am to
quote:

You honestly think if the police had pulled up and found in the construction site that day and when questioned he said he was just looking around he would have been charged with burglary?


No, not just based on that.

But if you include his interaction with Travis McMichael two weeks prior, running the second a neighbor spotted him on the same piece of property Travis confronted him on, his past history of crime and specifically theft, and possible more details as to why a property owner felt it necessary to put up cameras and motion sensors at a residential construction site (think about how uncommon that type of behavior is) yes it's not hard to imagine.

Also the answer "just looking around" would invite more questions that would determine what the police will do. Don't think that saying you were just looking around is an air tight defense. They'd ask what he was looking at and why. If they didn't buy his answer that just adds more evidence to intent to steal.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/8/21 at 6:06 am to
They are not going to charge him when no theft had been reported. If they did there is no way they get a conviction.

Now back to the other issue. What direct knowledge of a felony being convicted did the McMichaels have on the day he was killed?
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
73093 posts
Posted on 10/8/21 at 6:13 am to
quote:


Also the answer "just looking around" would invite more questions that would determine what the police will do. Don't think that saying you were just looking around is an air tight defense. They'd ask what he was looking at and why. If they didn't buy his answer that just adds more evidence to intent to steal.




Literally no way to prove this and that's not even a thing you can charge someone of.
Posted by Azkiger
Member since Nov 2016
28167 posts
Posted on 10/8/21 at 6:14 am to
quote:

They are not going to charge him when no theft had been reported.


Oh ok. What experience do you have working the streets of Georgia? What DAs and sheriffs have you worked under?

quote:

What direct knowledge of a felony being convicted did the McMichaels have on the day he was killed?


Immediate knowledge, and a big portion of that hinges on the property owner, what exactly he told the neighbors (including the McMichaels), and if he reported anything stolen (even if it was at a different time) from that property.

Keep in mind, Arbery was caught several times, both on video and in person, even by Travis McMichael, on that property.

It's reasonable to believe that someone you've constantly caught tresspassing on the same piece of property stole something from that property if things had been stolen from that property before.
Posted by Azkiger
Member since Nov 2016
28167 posts
Posted on 10/8/21 at 6:15 am to
quote:

Literally no way to prove this and that's not even a thing you can charge someone of.


Georgia law
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
73093 posts
Posted on 10/8/21 at 6:18 am to
fair.


But I still don't see how that can be proven in a court of law.


At that point you could just tack it onto any trespassing charge.
Posted by Azkiger
Member since Nov 2016
28167 posts
Posted on 10/8/21 at 6:21 am to
quote:

But I still don't see how that can be proven in a court of law.


In the same way it can be discerned when a DA charges someone with an intentional killing or an unintentional killing.

Some cases straddle the line, others don't.

quote:

At that point you could just tack it onto any trespassing charge.


Not really. Trespassing while carrying a bag and trespassing while carrying a camera give off completely different messages of intent.
This post was edited on 10/8/21 at 6:24 am
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 10/8/21 at 6:38 am to
quote:

and if he reported anything stolen (even if it was at a different time) from that property.


The property owner never reported anything stolen to the police.
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