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re: Ahmaud Arbery’s Final Minutes: What Videos and 911 Calls Show

Posted on 5/19/20 at 11:24 am to
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:24 am to
quote:

Are we now deciding a police report is conclusive ?


It’s certainly instructive.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:25 am to
quote:

well, this I'm sure isn't going to be slanted


It was pretty much just the facts in that video.
Posted by Wolfhound45
Member since Nov 2009
127399 posts
Posted on 5/19/20 at 11:25 am to
quote:

I think I agree with this, although I have not been able to see the shotgun pointed at Arbery (not saying it didn't happen but would you agree it's not easy to see?).
Thanks to the808bass.

You can clearly see Travis McMichael raising the shotgun and pointing it at Arbery as he runs toward the truck.



It is going to be even more clear on courtroom footage.
Posted by yesyesyall
Member since Sep 2018
242 posts
Posted on 5/19/20 at 11:26 am to
quote:

If all they wanted to do was keep him from getting away, they could’ve kept following him. Police were only a few minutes away.

and if he had kept running away, rather than charging the shotgun, that's very likely what would've happened.

are you suggesting that they were, in fact, out to "teach him a lesson" or "intimidate" arbery? is that your claim?
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:27 am to
Brannigans Law initially posted it here. I think someone in his office blew it up.
Posted by Antonio Moss
The South
Member since Mar 2006
49413 posts
Posted on 5/19/20 at 11:27 am to
quote:

If true, it would be quite devastating for the defendant.



It was already murder. This just adds extra fuel to the fire.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:27 am to
quote:

are you suggesting that they were, in fact, out to "teach him a lesson" or "intimidate" arbery? is that your claim?


I do think they were trying to intimidate him. That’s why Junior pointed his shotgun at him.
Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 5/19/20 at 11:27 am to
You really disagree with the premise that he who attempts a citizens arrest does so at his own peril? That's a bit self-explanatory or self-evident, wouldn't you think? There is no defense of mistake or accident in this situation.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7879 posts
Posted on 5/19/20 at 11:27 am to
"If all they wanted to do was keep him from getting away, they could’ve kept following him. Police were only a few minutes away."

100% agreed! But can't we all (most of us at least?) agree that what the McMichaels did was stupid? But it seems to me that it will help the prosecution immensely if they can point to some act of theirs, prior to the shooting, that was criminal, e.g., pointing a gum at Arbery.
Posted by CDawson
Louisiana
Member since Dec 2017
20283 posts
Posted on 5/19/20 at 11:28 am to
quote:

In short, two cars followed Arbery up and down the street for several minutes. He actually turned to avoid them multiple times, including the final moments when he tried to run to the opposite side of the truck as McMichael leveled a shotgun at him. Arbery had a car behind him, and the McMichaels in front. He was boxed in


I don't disagree with the exception of the thought that his only option was to stay on the road. If two cars were attempting to box me in and I was fearful I would not have any trouble cutting across someone's yard or through an area where the cars would have trouble accessing.

Not calling right or wrong, but the decision to stay on the actual road is a strange one in my opinion.
This post was edited on 5/19/20 at 11:30 am
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:30 am to
He may have cut through the woods from Burford to Holmes. McMichael’s story is a little hazy (probably purposefully) from the point that Jennings tries to stop Arbery on Burford to the end of the incident.
Posted by Wolfhound45
Member since Nov 2009
127399 posts
Posted on 5/19/20 at 11:30 am to
quote:

What’s your point?

Are we now deciding a police report is conclusive ?
My point is Gregory McMichael describes how the encounter began in his statement at the crime scene. Since his address is now a matter of public record, the construction site is 220 Satilla. The McMichael residence is 230 Satilla. He did not see the criminal trespass occur. He only saw the person who was suspected of break ins that he had seen on a video more than likely provided to him second hand by Officer Robert Rash of the Glynn County Police Department. It is as simple as that. He had no direct knowledge of any crime whatsoever. And took it upon himself to initiate armed pursuit. He met none of the elements of a citizens arrest under Georgia law.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7879 posts
Posted on 5/19/20 at 11:31 am to
"You can clearly see Travis McMichael raising the shotgun and pointing it at Arbery as he runs toward the truck."

Clearly? I will look again. At least on my computer, I didn't see it.Thanks.
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 5/19/20 at 11:32 am to
quote:

That’s a fair point. But you cannot initiate the fight or the threat of one and also finish it. Then citizens arrest becomes the Rosetta Stone, allowing you to do anything. Initiate force without provocation and when receiving violence back, defend yourself.


I think of it completely differently, an arrest is inherently a physical confrontation, you are detaining their physical person, therefore you cannot define the act of arrest as an assault and place unreasonable legal hazard on the person to whom you have granted the power of arrest.

It makes no sense and any judicial attempt to do so is stepping way outside the role of the judiciary because it essentially nullifies the power granted to the citizens by the legislature.
Posted by Big Scrub TX
Member since Dec 2013
39873 posts
Posted on 5/19/20 at 11:33 am to
quote:

I am sorry Amud died but you don’t charge a dude with a gun who is trying to make a citizen’s arrest.
I'm sorry if the baw brigade will spend the rest of their lives in prison, but you don't chase down citizens with weapons in the middle of a residential community.
Posted by Wolfhound45
Member since Nov 2009
127399 posts
Posted on 5/19/20 at 11:33 am to
quote:

He may have cut through the woods from Burford to Holmes.
Does not matter. He was stillhemmed in on three sides by water. Eventually he was going to have to cross a major road to get out. There was no need for them to chase him like they did (I know you are agreeing with me).
This post was edited on 5/19/20 at 11:35 am
Posted by Antonio Moss
The South
Member since Mar 2006
49413 posts
Posted on 5/19/20 at 11:34 am to
quote:

the cops were en route, and the mcmichaels' goal was to keep arbery from getting away ("again", in their estimation) before the cops arrived. i don't know where you're getting this "let's go scare this kid and teach him a lesson" angle. no evidence to support that, and there is evidence against it.


Um, no.

First, there is a blatant lie (really two but because of his hampered view, I’ll give him the benefit of the doubt) in McMichaels testimony, so his credibility is shot.

Second, if they simply wanted to keep Arbery from getting away then they would have never needed to exit the truck much less draw guns in him.

At beast, these are overzealous hilly hills who murdered a guy because they assumed he was a criminal. The actual truth is probably worse than that.
Posted by Big Scrub TX
Member since Dec 2013
39873 posts
Posted on 5/19/20 at 11:34 am to
quote:

killing the false narrative here to shut the big scrub crowd
And what narrative is that, pray tell?
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:34 am to
quote:

I think of it completely differently, an arrest is inherently a physical confrontation, you are detaining their physical person, therefore you cannot define the act of arrest as an assault and place unreasonable legal hazard on the person to whom you have granted the power of arrest.


You can think of it any way you like. You aren’t going to find support for that idea in case law. The law was enacted for retail crimes. Not for chasing people you suspect of crimes in your neighborhood. That’s probably important.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/19/20 at 11:35 am to
I know it doesn’t matter. But it’s a just a rejoinder to those who say “he should’ve run away better.”
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