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re: AJC releases video showing Arbery running after caught breaking into unfinished home
Posted on 5/11/20 at 10:07 am to JohnnyKilroy
Posted on 5/11/20 at 10:07 am to JohnnyKilroy
Can anyone tell what the address is where the shooting actually took place?
0
Posted on 5/11/20 at 10:19 am to dukkbill
quote:
Wouldn't the other evidence regarding the fleeing from the scene, previous larcenies, etc. provide a ground for suspicion and potentially save McMichael?
Let's presume that the McMichael's had seen previous surveillance video of AA at the construction site, thus giving them knowledge that he had committed trespasses in the recent past. That isn't reasonable or probable grounds for suspicion of a felony. The owner of the property under construction has gone on record that he doesn't have anyone on camera committing any crimes beyond trespassing. So unless he is withholding some information (possible, I guess), we have no evidence that the McMichaels witnessed a felony, were in the presence of a felony, or have reasonable and probable grounds for suspicion of a felony.
While they claim that their had been a string of break ins, we do not currently have evidence of this. As of right now, the only theft that is known to have been reported in the area was a gun stolen from McMichael several months earlier.
Posted on 5/11/20 at 10:20 am to CFFreak
quote:
What most people cannot handle is multiple seemingly disparate facts being true.
1. This guy likely broke into a house.
But isn't what's important was whether the level of knowledge that the McMichaels had on this break in (for the immediate knowledge test), and prior break-ins, for the potential test involving a "fleeing suspect."
quote:
2. The two idiots should have let the police handle it.
Whether or not they are idiots, I do not opine, but what do we know about their justifications. How often was the poliey called regarding larceny? How quick did they response? How much effort did they put into investigation.
Across the country, we are having many elected officials that are "de-criminilizing" certain behaviors. I fear that we may see more citizen actions if they feel the police and district attorneys are not protecting them.
quote:
3. Yes, you can make a citizen's arrest.
In Georgia, you have an actual duty to make the arrest if you witness a felony. (Noting: we don't have evidence that the McMichaels witnessed the felony.)
quote:
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.
Yes, if a jury finds that their pursuit and attempted detention of the suspect was pre-textual, and instead, they wanted to beat him up then they would not even get a jury instruction on civil arrest. See, e.g. Carter v. State, 269 Ga. 891, 893, 506 S.E.2d 124, 127 (1998). Nevertheless, the deadly force was used after a purported assault.
This post was edited on 5/11/20 at 10:24 am
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