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re: ahmaud arbery trial has started. its live now.
Posted on 11/5/21 at 4:58 pm to mouton
Posted on 11/5/21 at 4:58 pm to mouton
they didnt just see him run out of the house.
they saw him go in the house. come out of the house. go back in the house. come out out the house. then take off running.
hes on video several times going in the house. during the day and at night prior to the shooting.
they had already had a run in once with arbery. he faked like he had a gun. there is a 911 call of that.
they had every reason to believe he just robbed that house.
they saw him go in the house. come out of the house. go back in the house. come out out the house. then take off running.
hes on video several times going in the house. during the day and at night prior to the shooting.
they had already had a run in once with arbery. he faked like he had a gun. there is a 911 call of that.
they had every reason to believe he just robbed that house.
3
Posted on 11/5/21 at 5:02 pm to 511
quote:
"A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion."
the criteria from the first sentence is not met. there was no crime committed in their presence nor within their immediate knowledge. you can refer to statements they told police at the time for proof they were unaware of an ongoing crime for AA to be escaping from, they said they wanted to confront him for recent break ins and thefts in the area when they saw him running. The second sentence criteria is not met either as AA cant be 'escaping' by running away weeks after a break in.
even if they did have a justifiable citizens arrest they are liable for problems that arise due to their actions (homicide). its like if you chose to cross a yellow dotted line to pass someone, if you get in a wreck because the person you are passing turns into you, you are at fault.
McRetard fam is 100% screwed.
Posted on 11/5/21 at 5:04 pm to mouton
quote:
I see you are going to be an intellectual coward and ignore the fact that the McMichaels did not confront him or see him exit the house. They had no idea if he had been in the house that day or not.
I'm not sure the legal precedence on repeated past behavior grounding present suspicions, but IIRC the son had confronted Arbery on that property and tried to get him to leave two weeks prior. Arbery reached into his waistband during their confrontation and scared the son off. A neighbor witnessed the back and forth.
In Georgia simply entering a residential structure with the intent to steal is a felony and could justify a legal citizen's arrest.
The homeowner instantly lawyered up, it wouldn't surprise me if there wasn't email/text records between him and the ex-cop father about people poking around his construction site (he ended up installing cameras and motion sensors - for some reason - and was for sure in contact with other neighbors who were helping him keep an eye on the place).
This case is not as clear cut as you think it is. Although the paraphrasing of the three men's answers to police questioning after the shooting I've seen mentioned in this thread, if in context and accurate, sound quite damning and a perfect reason why you STFU after you've discharged a gun in public and let a lawyer speak for you. You'd think the father would know better being an ex-cop.
This post was edited on 11/5/21 at 5:06 pm
Posted on 11/5/21 at 5:06 pm to AMS
finish the paragraph.
"upon reasonable and probable grounds of suspicion."
"upon reasonable and probable grounds of suspicion."
Posted on 11/5/21 at 5:13 pm to 511
quote:
finish the paragraph.
"upon reasonable and probable grounds of suspicion."
I did. and its still very obvious they dont meet criteria for a citizens arrest. according to themselves they had no direct knowledge of a crime nor had any immediate knowledge of one. go ahead and do your thing with your mental gymnastics tho pretending like that part negates them not meeting any criteria for a citizens arrest.
Posted on 11/5/21 at 5:24 pm to 511
quote:
they didnt just see him run out of the house. they saw him go in the house. come out of the house. go back in the house. come out out the house. then take off running.
No they did not. McMichael stated to the police he was outside working on his boat when he saw a guy run by who matched the description of a suspected burglar.
Posted on 11/5/21 at 5:26 pm to mouton
quote:
No they did not. McMichael stated to the police he was outside working on his boat when he saw a guy run by who matched the description of a suspected burglar.
facts are irrelevant to 511. something erroneous about reasonable suspicion negates any point you will make.
Posted on 11/5/21 at 5:35 pm to mouton
quote:
No they did not. McMichael stated to the police he was outside working on his boat when he saw a guy run by who matched the description of a suspected burglar.
That more fits the definition of mere speculation, and speculation is one of those things that never ends well in a court of law. It's a bad word in a court of law.
Posted on 11/5/21 at 5:37 pm to Displaced
quote:
Race should play no role in this trial, but I have no doubt that if it were Braxton Arbury he would still be alive today.
If he did exactly the same things? No chance.
Posted on 11/5/21 at 5:53 pm to the808bass
quote:
And ignores jury instructions.
That should probably happen more often. Judges absolutely hate for a jury to use their actual power.
Posted on 11/5/21 at 6:00 pm to Flats
quote:
That should probably happen more often.
I, too, am excited at the chance for more false citizen’s arrests. I see no way that could go bad.
Posted on 11/5/21 at 6:05 pm to the808bass
quote:
I, too, am excited at the chance for more false citizen’s arrests. I see no way that could go bad.
That's not even a good strawman. I'm not saying they should specifically do it in this case, I'm just saying I'm a firm believer in the jury understanding their rights to judge both the law and its application. It's the last defense against an aggressive government. That doesn't mean it can't be abused, but abusus non tollit usum.
Posted on 11/5/21 at 6:10 pm to Flats
quote:
That's not even a good strawman.
You mean that commenting on this particular case with respect to the idea of the relevant state law regarding citizen’s arrest is a strawman?
Cool.
Posted on 11/5/21 at 6:13 pm to the808bass
quote:
You mean that commenting on this particular case with respect to the idea of the relevant state law regarding citizen’s arrest is a strawman?
I didn't comment on this particular case, I commented about the power of juries in a thread on this particular case.
Man, some of you are touch as hell about this whole arbery thing. I'll leave you to it.
Posted on 11/5/21 at 6:27 pm to Flats
You were commenting on juries judging this case. It’s probably a good idea to leave the thread.
Posted on 11/5/21 at 7:32 pm to 511
quote:
ahmaud arbery trial has started
ahmaud arbery is guilty. End of trial.
Posted on 11/5/21 at 7:41 pm to 511
quote:
they didnt just see him run out of the house.
they saw him go in the house. come out of the house. go back in the house. come out out the house. then take off running.
hes on video several times going in the house. during the day and at night prior to the shooting.
they had already had a run in once with arbery. he faked like he had a gun. there is a 911 call of that.
they had every reason to believe he just robbed that house.
Even if all of that is 100% true, it is still a modern day lynching. Unless it was the property of one of the defendants, which it was not, or was hired to guard the property, which they were not, it's a lynching.
Posted on 11/5/21 at 7:50 pm to deeprig9
quote:
Even if all of that is 100% true, it is still a modern day lynching
I know you're too stupid to realize, but you're downplaying actual historical lynchings by making this comparison.
Posted on 11/5/21 at 8:58 pm to 511
quote:
they had every reason to believe he just robbed that house.
Why?
We saw many others walk into the house and leave too. Were they all robbers?
Besides, was it it stated no robberies were reported in that neighborhood for the last 60 days?
Posted on 11/5/21 at 9:29 pm to deeprig9
quote:
Even if all of that is 100% true, it is still a modern day lynching. Unless it was the property of one of the defendants, which it was not, or was hired to guard the property, which they were not, it's a lynching.
Muh lynching
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