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

Posted on 5/9/20 at 5:49 pm to
Posted by Turbeauxdog
Member since Aug 2004
23678 posts
Posted on 5/9/20 at 5:49 pm to
quote:

They have to have direct knowledge of a felony.


Immediate.

Let’s not get the language mixed wrong.

Posted by blzr
Saratoga
Member since Mar 2011
30504 posts
Posted on 5/9/20 at 5:50 pm to
That’s cause you’re an idiot, you’ve made that known
Posted by the808bass
The Lou
Member since Oct 2012
119963 posts
Posted on 5/9/20 at 5:50 pm to
quote:

I believe The neighbor who spotted him (and subsequently caused the guy to run) called the McMichaels


That is unfortunately not “direct knowledge” to affect a citizen’s arrest based on how the law has been applied in the past.
Posted by Turbeauxdog
Member since Aug 2004
23678 posts
Posted on 5/9/20 at 5:50 pm to
quote:

These guys didn’t view that video live, now did they.


No but the homeowner called them.

This is where “the guy is always jogging the neighborhood “ narrative hurts the libs
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/9/20 at 5:51 pm to
quote:

Posters on this board? Have you not observed?
What I've observed is a bunch of people who CORRECTLY assessed that whatever the media was serving 2 days ago was almost certainly not an accurate reflection of the story...………..

And, they were right.

I tried to tell everyone to slow their roll. But, people just can't fricking help themselves.

And, you can pretty much bet your life on the fact we aren't done discovering shite the media has failed to tell us.
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 5/9/20 at 5:51 pm to
quote:



I'm not a gambling man, but gun to my head forcing me to bet, these dudes walk.


Why?
Posted by The Pirate King
Pangu
Member since May 2014
61325 posts
Posted on 5/9/20 at 5:51 pm to
quote:

That is unfortunately not “direct knowledge” to affect a citizen’s arrest based on how the law has been applied in the past.


I don’t think they were right to attempt a citizen’s arrest. I also don’t think they will get convicted of murder. Maybe manslaughter because of the public outcry.
Posted by KCT
Psalm 23:5
Member since Feb 2010
42342 posts
Posted on 5/9/20 at 5:51 pm to
quote:

It was already known that he was in the unfinished house. It’s clear he wasn’t jogging. Don’t see how this changes the facts to justify the murder.


Wow, I'm absolutely SHOCKED that the angry black dude AKA cwill would blindly support a black criminal. Shocked, I say.
Posted by AMS
Member since Apr 2016
6530 posts
Posted on 5/9/20 at 5:51 pm to
quote:



I believe The neighbor who spotted him (and subsequently caused the guy to run) called the McMichaels


So in other words, they didnt witness or have direct knowledge...things required for a citizens arrest in Georgia. Consequences of the confrontation are on the initiator of confrontation. Especially when it ends in homicide when no one was in danger prior to the vigilante action.
Posted by the808bass
The Lou
Member since Oct 2012
119963 posts
Posted on 5/9/20 at 5:51 pm to
quote:

Immediate


Immediate has been interpreted to mean “in person.” And they didn’t have that. And furthermore, it’s not apparent that a felony is involved.

All these are reasons that citizens arrests are limited to very specific circumstances. To avoid situations just like this.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/9/20 at 5:52 pm to
quote:

That’s cause you’re an idiot, you’ve made that known

Cool story.

You can come for me to tell you I told you so when the time comes.
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 5/9/20 at 5:52 pm to
quote:

I suppose. But, I actually doubt that if they're prosecuted, a MS charge is even put on the table.


The circumstances laid out at trial have bearing on what the court will or won’t allow the jury to consider as a lesser included offense. Just because Vol Mans is the next thing down from Murder on the severity ladder, does not mean the evidence presented in court will lend itself for Vol Mans being considered as a lesser included. Invol Mans - Felony or Misdemeanor could be the only thing allowed to be considered as a deviation from Murder.

Agree with you 100% about more info coming out that could turn the tide.
Posted by davyjones
NELA
Member since Feb 2019
33144 posts
Posted on 5/9/20 at 5:52 pm to
It'll come down to whether that qualifies as "immediate knowledge".

Even beyond that, the question of the self defense situation is separate and apart, but the citizens arrest situation will determine their footing for self defense claim to a certain extent.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/9/20 at 5:53 pm to
quote:

Why?
Because juries are composed of humans and, this story is going to go to shite in a courtroom.
Posted by the808bass
The Lou
Member since Oct 2012
119963 posts
Posted on 5/9/20 at 5:53 pm to
quote:

I also don’t think they will get convicted of murder. Maybe manslaughter because of the public outcry.


Murder would surprise me as well. Some type of manslaughter would be what I expect. And that will still sucks for them. They may be able to plead that down as well. But I would be very surprised if they don’t do time.
Posted by blzr
Saratoga
Member since Mar 2011
30504 posts
Posted on 5/9/20 at 5:53 pm to
quote:

Wow, I'm absolutely SHOCKED that the angry black dude AKA cwill would blindly support a black criminal. Shocked, I say.


Why is he a criminal?
Posted by FlexDawg
Member since Jan 2018
13918 posts
Posted on 5/9/20 at 5:53 pm to
quote:

They have to have direct knowledge of a felony. They’re still a ways away from seeing the light at the end of the tunnel. And direct knowledge is not “a guy told us.”



Posted by the808bass
The Lou
Member since Oct 2012
119963 posts
Posted on 5/9/20 at 5:55 pm to
quote:

What I've observed is a bunch of people who CORRECTLY assessed that whatever the media was serving 2 days ago was almost certainly not an accurate reflection of the story...…


You’re skipping over huge subsections or posters to limit it to people who think just like you. That’s pretty dumb. But you’re wound up and raring to go.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/9/20 at 5:55 pm to
quote:

Why is he a criminal?
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 5/9/20 at 5:55 pm to
quote:

Because juries are composed of humans and, this story is going to go to shite in a courtroom.


This man gets it. Throw in also this is southeast Georgia and no I’m not talking about racism; I’m talking about a lot of down home blue collar and country folks who don’t care for a thief any.
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