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re: Interesting breakdown of the Arbery case so far.

Posted on 11/17/21 at 5:19 pm to
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
33196 posts
Posted on 11/17/21 at 5:19 pm to
quote:

Yeah I originally figured they had the no right to citizens arrest. Once I saw he had been to the property 5 other times, I change my stance.


I don’t understand this issue with him being inside the house 5 other times. When our house was being built, neighbors walked through it almost daily. We walk through homes under construction in our neighborhood all the time.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 11/17/21 at 5:20 pm to
quote:


I don’t understand this issue with him being inside the house 5 other times. When our house was being built, neighbors walked through it almost daily. We walk through homes under construction in our neighborhood all the time.


the homeowner testified other people were doing this too. children would play/ride bikes there etc. its not like AA was the only person around, and he wasnt even seen stealing anything when there were things that couldve been stolen
Posted by Auburn1968
NYC
Member since Mar 2019
19683 posts
Posted on 11/17/21 at 5:21 pm to
quote:

quote:
They shot him because he tried to grab their gun.
Lot's of folks keep forgetting that little tidbit of info.


Arbery didn't make a rational decision when he attacked the son with a shotgun.

quote:

The New York Post elaborated on the incident:

Waycross Judicial Circuit District Attorney George Barnhill revealed Greg McMichael’s ties to the victim in a letter recusing himself from the case — because his own son had a connection to Arbery, according to the Atlanta Journal-Constitution.

McMichael, 64, a former Glynn County cop who worked as an investigator in the Brunswick DA’s office, helped prosecute Arbery in the past, Barnhill said.


LINK conservative daily

quote:

Before recusing himself, Barnhill wrote that his office did “not see grounds for an arrest” of Greg and his son, Travis McMichael, 34, according to WJXT.

“It appears Travis McMichael, Greg McMichael and [neighbor] William Bryan were following in hot pursuit of a burglary suspect with solid first-hand probable cause,” Barnhill wrote in a letter to Glynn County police Capt. Tom Jump. “Arbery initiated the fight. … At that point, Arbery grabbed the shotgun (that Travis McMichael was holding). Under Georgia law, McMichael was allowed to use deadly force to protect himself.”
This post was edited on 11/17/21 at 5:23 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261492 posts
Posted on 11/17/21 at 5:22 pm to
quote:


I don’t understand this issue with him being inside the house 5 other times.


If they actually caught him stealing, I would get it. But I dont think they ever did. It was a major overreaction.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 11/17/21 at 5:24 pm to
quote:

Arbery didn't make a rational decision when he attacked the son with a shotgun.



mcmichaels werent making a rational decisions when they were hitting AA with the truck, chasing him for several minutes and brandishing a shotgun at him which all happened before AA decided he had to defend himself from irrational assailants.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261492 posts
Posted on 11/17/21 at 5:27 pm to
quote:

“Arbery initiated the fight. … At that point, Arbery grabbed the shotgun (that Travis McMichael was holding). Under Georgia law, McMichael was allowed to use deadly force to protect himself.”


THis is all wrong. The McMichaels were the aggressors. Arbery is allowed to defend himself.

Imagine your;e running down the road and some dudes jump you with a shotgun?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35553 posts
Posted on 11/17/21 at 5:41 pm to
quote:

its even funnier because the mcmichaels admitted to not even being aware if AA entered a residence lmao. azkiger just invents shite.


To me the funniest part is azktiger doesn’t know that Georgia defines what a residence is (which is a key element in felony burglary) and the construction site does not fall into that definition.

He doesn’t even realize that AA COULD have stolen something from the property (which he didn’t) and they STILL wouldn’t have met the CA pursuit threshold.

Like it’s mind numbing how little he understands the relevant law in this case.

Posted by TigerFan55555
Tomball, TX
Member since Nov 2008
9596 posts
Posted on 11/17/21 at 9:33 pm to
quote:

Does it say you can kill them



No but when arbury goes after my gun to try and take it from me (as it shows ON VIDEO) that gives me a reason to shoot him. Play stupid games…win stupid prizes…
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35553 posts
Posted on 11/17/21 at 10:41 pm to
quote:

that gives me a reason to shoot him


Not legally.
Posted by Mootsman
Charlotte, NC
Member since Oct 2012
6025 posts
Posted on 11/17/21 at 11:02 pm to
quote:

mcmichaels werent making a rational decisions when they were hitting AA with the truck, chasing him for several minutes and brandishing a shotgun at him which all happened before AA decided he had to defend himself from irrational assailants.


He probably should have just stopped to see what the frick they wanted. I've had a gun pulled on me before. Didn't run. Stood there with a .40 aimed at my head until the cops showed up. We talked and realized it was a misunderstandment and then we all went home. Not that hard. If I had tried to take the gun out of the dude's hand and got shot I would not have been surprised.
Posted by Azkiger
Member since Nov 2016
21784 posts
Posted on 11/17/21 at 11:20 pm to
quote:

To me the funniest part is azktiger doesn’t know that Georgia defines what a residence is (which is a key element in felony burglary) and the construction site does not fall into that definition.


Really? Because the funniest part to me is that the law doesn't even mention "residence", but it does mention "vacant building/structure".

"A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft."

- Georgia Code Title 16, second degree burglary

I'd continue to dissect your mind numbingly ignorant post, but why should I waste time quoting law to you when you haven't pointed to any specific law that I've misunderstood?
Posted by Azkiger
Member since Nov 2016
21784 posts
Posted on 11/17/21 at 11:22 pm to
quote:

I don’t understand this issue with him being inside the house 5 other times. When our house was being built, neighbors walked through it almost daily. We walk through homes under construction in our neighborhood all the time.


Do you go to these sites at night, on foot, and run when neighbors spot you? Do you continue to go there after you've been told by neighbors that you're not welcome?

There's a lot more here than just appearing on a construction site. I've done that many times myself. But what I haven't done, are the behaviors highlighted in the above questions.
Posted by The Boat
Member since Oct 2008
164339 posts
Posted on 11/17/21 at 11:22 pm to
quote:

Imagine your;e running down the road and some dudes jump you with a shotgun?

In Kenosha they say you have to run away.
Posted by Azkiger
Member since Nov 2016
21784 posts
Posted on 11/17/21 at 11:24 pm to
quote:

its even funnier because the mcmichaels admitted to not even being aware if AA entered a residence lmao.


That day, Travis McMichael caught him on the property about two weeks prior.

I guess you think it was more likely he was just jogging by that day and hadn't gone there to scope out the house again?
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 11/17/21 at 11:30 pm to
quote:


That day, Travis McMichael caught him on the property about two weeks prior.


K. That day matter much more than weeks prior. Travis still admitted to being ignorant of a crime for which he initiated the confrontation. That is just a fact you cannot or refuse to grasp.

Travis has stated that to police at the time, and testified to it earlier today. But don't stop believin'
Posted by Azkiger
Member since Nov 2016
21784 posts
Posted on 11/17/21 at 11:35 pm to
quote:

K. That day matter much more than weeks prior.


So you think that it's more likely than not that after seeing Arbery run past, within 100 ft of the house that's under construction, that he was just out for a jog that day, rather than him having gone into that property at least a 6th time?

And I use the criteria "more likely than not" because according to the trial lawyer linked in the OP, the citizen's arrest law requires the preponderance of the evidence suggesting a felony had been committed.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 11/17/21 at 11:38 pm to
quote:


And I use the criteria "more likely than not" because according to the trial lawyer linked in the OP, the citizen's arrest law requires the preponderance of the evidence suggesting a felony had been committed.


He still testified that he didn't know if he was doing anything wrong. all your imaginative defense hypothetical does not change the fact that they were ignorant of any wrongdoing. Period.
Posted by Azkiger
Member since Nov 2016
21784 posts
Posted on 11/17/21 at 11:40 pm to
Nice question dodge. You know it's reasonable to assume he was there trying to steal shite that day too, which is all that's required by law (again, assuming the trial lawyer in the OP was correct).
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 11/17/21 at 11:48 pm to
quote:


Nice question dodge. You know it's reasonable to assume he was there trying to steal shite that day too, which is all that's required by law (again, assuming the trial lawyer in the OP was correct)


Take your imaginative hypothetical up with Travis.

It's no dodge. Travis didn't know of AA stealing anything even weeks prior. how is it reasonable to assume AA was 'doing it again' when he didnt have any knowledge of AA stealing anything in the first place?

Travis testified to not knowing of any felony that day nor any felony weeks prior. Please at least start imagining some other angle. Maybe something Travis himself hasn't refuted.
Posted by crazy4lsu
Member since May 2005
36311 posts
Posted on 11/17/21 at 11:50 pm to
quote:

You know it's reasonable to assume he was there trying to steal shite that day too, which is all that's required by law (again, assuming the trial lawyer in the OP was correct).


Why would a robber go to one place six times? Where are the missing items?

It takes some commitment to believe the McMurray's had no other option than to chase down Arbery, hit him with their car, and point weapons at him, which seems to call into question the self-defense angle. I'm even less convinced after watching the video.
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