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re: AJC releases video showing Arbery running after caught breaking into unfinished home

Posted on 5/9/20 at 10:14 pm to
Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 5/9/20 at 10:14 pm to
quote:

He caused the situation.
No he did not. He is presumed innocent. The McMichaels did not witness him trespass. They had no authority whatsoever to detain him. He had every right to resist an attempt to unlawfully detain him, particularly when they were using deadly force to do so. He has just as much a right to defend himself as you claim Travis McMichael did. Actually, more so because they did not have clearly established authority to detain him. It was just a vehicle blocking his path with an armed person in front of him attempting to detain him. He has a right to resist.
This post was edited on 5/9/20 at 10:38 pm
Posted by Redbone
my castle
Member since Sep 2012
19122 posts
Posted on 5/9/20 at 10:17 pm to
quote:

this video justifies killing the guy that they did?
fify
Posted by Redbone
my castle
Member since Sep 2012
19122 posts
Posted on 5/9/20 at 10:20 pm to
quote:

I've gone in to new homes under construction just to look around, see how they're doing things and get ideas. Sure don't think I was doing anything worth getting shot over.
Maybe not but check to see if you are legal. I think you are asking for trouble.
Posted by Reubaltaich
A nation under duress
Member since Jun 2006
5051 posts
Posted on 5/9/20 at 10:26 pm to
quote:

I've viewed the video quite a few times and what I see is the son, after he exited his truck, moved to the front of his truck toward the oncoming path of running man, and at most the running man veered 5 feet toward the son. Those movements on the part of the son easily appeared to me to demonstrate that


Watching the video of the incident, Arbery is fleeing apprehension.

Arbery approaches the back of the white pick-up from the left and veers to the right of the truck, goes around to the right of the truck and makes a 90 degree turn towards McMicheal from about 20-25 feet.

Supposedly there is some sort of object found at the scene that Arbery was carrying and on the 911 call Arbery was told to drop something.

The defense of McMicheal is going to hammer that home in the trail. The jury is going to see the video time and time again in every detail.

There is probably other videos of the incident yet revealed. There is most likely more evidence yet to be revealed.

I remember when this came out a few days ago and my mind went immediately to the Trayvon Martin and Michael Brown incidents. Something was not right.

All I heard was 'two white men killed an innocent black man jogging the their neighborhood.'

The mold was set.

McMicheal will at most get an involuntary manslaughter conviction and that is highly unlikely.
Posted by davyjones
NELA
Member since Feb 2019
31678 posts
Posted on 5/9/20 at 10:33 pm to
Unless there's another video from a more helpful angle better showing what transpired at the front of the truck, there will definitely have to be some inference or speculation by jurors on that point. Who knows which party that ultimately "benefits".

Couple things I know for sure....there's ALWAYS more to the story than the general public knows, and criminal juries are extremely unpredictable. It will be interesting to follow.
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 10:39 pm to
quote:

Watching the video of the incident, Arbery is fleeing apprehension.


Arbery is fleeing vigilantes in a truck, not any legitimate apprehension effort. Citizens arrest does not apply to mcmichaels and son, they were not present to witness nor did they have direct knowledge of a felony in progress, as is required by Georgia statute for a citizens arrest.

According to mcmichaels own description of events From the initial police reports, he saw someone running so he called his son to get guns to go confront arbery because there were recent break ins in the area. They will be lucky to plead down to 3rd degree murder. Especially given the high profile and of the case, and extremely unnecessary handling of the situation by mcmichaels and son. Stand your ground and self-defense are likely not applicable given they went out of their way to initiate the fatal confrontation.
Posted by scionofadrunk
Williamson County, TN
Member since Mar 2020
1961 posts
Posted on 5/9/20 at 10:48 pm to
quote:

Kneejerk social media is one of the worst things in the world right now....



Preach. It's terrible.

Folks try to save face and make themselves sound caring
Posted by Dustydubs
Member since Mar 2020
483 posts
Posted on 5/9/20 at 11:09 pm to
They also cause real victims to not get attention. Mike brown, Alton, Travon and now this. All terrible hills to make a stand on.

They have no choice but to grasp at straws because if you’re black you got more of a chance to win the powerball than to be murdered by a white guy.
Posted by Reubaltaich
A nation under duress
Member since Jun 2006
5051 posts
Posted on 5/9/20 at 11:09 pm to
Yep, I remember reading some of the posters on here that were stating that Arbery was just 'jogging' through the neighborhood then it was found out he was running from being apprehended... its crickets.

The main thing to get out this is that there is a national election coming up.

The dems have a corrupt pathetic sad-sack as their presidential nominee, Trump is going to get a big chunk of the black vote.

There is no doubt that the media is coordinating with the DNCartel to stir up the black community to vote against Trump.

I hate that Arbery was killed and its a tragic situation with no clear winner regardless of the outcome of the trail.
Posted by Reubaltaich
A nation under duress
Member since Jun 2006
5051 posts
Posted on 5/9/20 at 11:19 pm to
quote:

They will be lucky to plead down to 3rd degree murder.


This tells us you have NO IDEA what you are talking about.

There is NO '3rd degree' murder provision in GA law.

Ya night want to do a quick googy search on GA criminal law in regards to murder.

Now tell me, did NOT Arbery charge McMicheal from about 20 foot at a 90 degree angle?

Because I am willing to bet that the defense is going to use that very fact in a court of law.
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/9/20 at 11:30 pm to
quote:



This tells us you have NO IDEA what you are talking about.

There is NO '3rd degree' murder provision in GA law.

Ya night want to do a quick googy search on GA criminal law in regards to murder.

Now tell me, did NOT Arbery charge McMicheal from about 20 foot at a 90 degree angle?

Because I am willing to bet that the defense is going to use that very fact in a court of law.



fine theyll get felony murder then, probably a worse sentence.
mcmichaels and son had no predication for a citizens arrest as there was no direct or immediate knowledge of a felony in progress. Arbery was suspected of misdemeanor trespassing which doesnt meet citizens arrest criteria. and Arbery did not initiatie the confrontation. Mcmichaels and son did by blocking his travel and drawing a weapon on him prior to Arbery “aggressively turning”. Mcmichaels stated in his report he went to confront Arbery in what we now know to be an illegitimate citizens arrest. Those are just facts man.
Posted by Flats
Member since Jul 2019
23164 posts
Posted on 5/9/20 at 11:37 pm to
quote:

He caused the situation


quote:

No he did not.


Not all by himself is the correct answer, not “no”. He contributed to the situation, just like the armed mensa crew chasing him in a truck.

Lots of dumbass in this story, and it’s not all limited to the safari hunters.
Posted by davyjones
NELA
Member since Feb 2019
31678 posts
Posted on 5/9/20 at 11:57 pm to
quote:

He contributed to the situation, just like the armed mensa crew chasing him in a truck.

But in this situation there isn't an option to assign percentages of fault, as there perhaps is in a civil suit on the same matter.

The question will be (1) whether the shooter was legally in the situation/position he was in at the time of the shooting, and (2) was the shooter justified in a self defense claim, i.e. in fear of imminent death or great bodily harm. Of course (1) will have a relatively serious bearing on (2) in this particular incident.

Even if shooter was not legally in the situation leading to the death, self defense could still be justified, but it would be somewhat significantly more difficult to justify.
Posted by Reubaltaich
A nation under duress
Member since Jun 2006
5051 posts
Posted on 5/9/20 at 11:58 pm to
Watch the video, McMicheals and Arbery are in a struggle with the shotgun.

Arbery is trying to disarm McMicheals and most likely would have used the weapon against McMicheals.

There is no doubt that McMicheals was in fear for his life.

Did he state that to the police, IDK but he should have.

If he didn't, its possible that McMicheals will get an involuntary manslaughter charge and/or conviction.

The lawyers for McMicheals will argue self-defense.

Posted by the808bass
The Lou
Member since Oct 2012
114054 posts
Posted on 5/10/20 at 12:13 am to
quote:

There is no doubt that McMicheals was in fear for his life.


If Ahmaud had wrestled the gun away and shot the younger McMichaels, could he have claimed self-defense because he was in fear for his life?
Posted by FlexDawg
Member since Jan 2018
13303 posts
Posted on 5/10/20 at 12:22 am to
Posted by Reubaltaich
A nation under duress
Member since Jun 2006
5051 posts
Posted on 5/10/20 at 12:42 am to
quote:

If Ahmaud had wrestled the gun away and shot the younger McMichaels, could he have claimed self-defense because he was in fear for his life?


We will never know now that Arbery is dead.

But the fact remains, Arbery charged McMicheal from 20-25 feet.

Plus, there was some sort of object found at the scene that Arbery was carrying with him that was found at the scene. The 911 call shows that Arbery was told to drop some sort of object.

Did Abery charge McMicheal with some sort of object?

That's probably going to be revealed in the next few days.

Posted by AMS
Member since Apr 2016
6521 posts
Posted on 5/10/20 at 1:13 am to
quote:

Watch the video, McMicheals and Arbery are in a struggle with the shotgun.

Arbery is trying to disarm McMicheals and most likely would have used the weapon against McMicheals.


I saw it. I would try to disarm someone assaulting me with a firearm too. Its a shame Arbery failed to defend himself, and these animals almost got away with it.
Posted by the808bass
The Lou
Member since Oct 2012
114054 posts
Posted on 5/10/20 at 1:14 am to
quote:

We will never know now that Arbery is dead.


So whoever shoots the other person gets to claim self-defense. I will make a note of that for my next confrontation.

quote:

Plus, there was some sort of object found at the scene that Arbery was carrying with him that was found at the scene.


An apparent indeterminate object in the road on video (which is never seen in Ahmaud’s hands) doesn’t equal either “found at the scene” or “carrying with him.”

quote:

Did Abery charge McMicheal with some sort of object? That's probably going to be revealed in the next few days.


I heard it was the holy hand grenade.
This post was edited on 5/10/20 at 1:16 am
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
36299 posts
Posted on 5/10/20 at 1:14 am to
quote:

The lawyers for McMicheals will argue self-defense.



Self defense isn't available immediately following an aggravated assault FYI.
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