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

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then it was found out he was running from being apprehended... its crickets.

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From wannabe citizen's arrest morons, not actual cops.

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Lol. That will change again.

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Touche'

Because, I agree. Initial report reliability from the media has become utter garbage in 2020. Nearly every story ends up being revised 20 fricking times when just being a little slower to put pen to paper would solve it.

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Also, even CNN is saying the trailing truck was merely a witness so, the whole "boxed in" rhetoric dies with that news.

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From McMichaels own words in the police report, they had tried to box him in twice. The first time the McMichaels tried to block him and he turned the other direction. William Bryan (the person filming) tried to cut him off and he evaded him.

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Travis attempted to cut off Arbery with the truck. Arbery then turned and began "running back in the direction from which he came".[23] The report states a third person, William "Roddie" Bryan, also tried to cut off Arbery, but failed.[17][30]

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I should also point out that the non-blurry version of the video, deceased CLEARLY makes it all the way around the truck and to about the front left headlight to make contact with junior to the point that you actually see the initial physical contact in a visual line left of the truck cabin.

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I think that’s close to accurate. At 0:23 of the video, Junior takes his last step forward. You can just see one of his feet (the trailing one) underneath the door. So that would put him on the left edge of the truck.

What most people cannot handle is multiple seemingly disparate facts being true.

1. This guy likely broke into a house.
2. The two idiots should have let the police handle it.
3. Yes, you can make a citizen's arrest.
4. No, you can't just use deadly force if the guy broke into a house, took something and ran away -- no matter how mad you are.

Life is a little bit complex. It is possible for a person to deserve what he gets but at the same time, the person who administers justice without being duly authorized also get what he deserves.

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No, you can't just use deadly force if the guy broke into a house, took something and ran away -- no matter how mad you are.

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You can use deadly force if someone attacks you.

Let’s let this play out.

Everyone was sure gz was a murderer well beyond this stage in that case.

I didn't think witnessing was a requirement under Georgia, just "immmediate knowledge" which can be any present sense or contemporaneous knowledge. More specifically,

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...The food manager, who was on the in-house telephone with the store manager regarding the suspected shoplifter as the events transpired, told the store manager to come right down.
Under these circumstances, it is clear that the customer service employee and the food manager witnessed a shoplifting. It is equally clear that this offense was within the store manager's immediate knowledge because the food manager was telling him about the crime, describing it as it was taking place, because the store manager himself heard the store's security alarm and saw both the customer service employee and the food manager chasing Merneigh as Merneigh attempted to escape.


Merneigh v. State, 242 Ga. App. 735, 738, 531 S.E.2d 152, 156 (2000)

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Do we yet know what information was contemporaneous was available to Greg McMichael? I understand there was another call that states, "'There's a guy in the house right now, a house under construction,' That name was redacted and presumable not McMicheal. Let's just call him Brad Clontz. Was there any communication between Clontz and McMichael?

More important, Georgia's code does not seem to make a distinction on whether a citizen's arrest is allowable based on a misdemeanor or felony. That is, you can make a citizens arrest on a misdemeanor. The importance in the distinction is that

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...A private citizen may make an arrest upon reasonable and probable grounds of suspicion if the offense is a felony and the offender is escaping or trying to escape.

Hayes v. State, 261 Ga. 439, 443, 405 S.E.2d 660, 665 (1991) (emphasis mine)

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Was there any communication between Clontz and McMichael?

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No and we know this for a fact. Brad Clontz is still on the phone with the police when McMichael tells his son to grab his gun and get him. We know this from the audio 911 calls.


Which makes this point:

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More important, Georgia's code does not seem to make a distinction on whether a citizen's arrest is allowable based on a misdemeanor or felony. That is, you can make a citizens arrest on a misdemeanor. The importance in the distinction is that

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...A private citizen may make an arrest upon reasonable and probable grounds of suspicion if the offense is a felony and the offender is escaping or trying to escape.

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moot.

Thanks for the information on the timing of the calls. Nevertheless, I do not agree that the point is moot, or in any way connected.

Whether or not he spoke with Clontz, would just be one piece of evidence of "immediate knowledge." The test for an escaping felon is "reasonable suspicion" which can be much less than reasonable knowledge.

Indeed, if McMichael witnessed the felony, its his duty to make the arrest

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It is not only the right but the duty of a private citizen when a felony is committed to apprehend the felon. Johnson v. Jackson, 140 Ga.App. 252, 230 S.E.2d 756 (1976).

It is the duty of a private person, who is present when a felony is committed, to apprehend the felon, with a view to take him before a Magistrate; ?and, after a felony is committed, any private person may arrest the felon with the same view, upon reasonable and probable ground of suspicion of his guilt. Long v. State, 12 Ga. 293 (, 1852)

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Wouldn't the other evidence regarding the fleeing from the scene, previous larcenies, etc. provide a ground for suspicion and potentially save McMichael?