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re: Not Just An Innocent Jogger!

Posted on 5/12/20 at 3:10 pm to
Posted by Errerrerrwere
Member since Aug 2015
43047 posts
Posted on 5/12/20 at 3:10 pm to
quote:

Damone


“I jog for Ahmaud!”
This post was edited on 5/12/20 at 3:11 pm
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86071 posts
Posted on 5/12/20 at 3:11 pm to
quote:

I will say I personally know many, many more vehemently racist, hateful, violent white men than I know mexican rapists, but that is neither here nor there.



I know one genuine racist and I've spent the majority of my life in the deep south. He's not violent though.

FWIW I don't know any Mexican rapists either.
Posted by HogBalls
Member since Nov 2014
8913 posts
Posted on 5/12/20 at 3:18 pm to
(no message)
This post was edited on 6/9/20 at 1:27 pm
Posted by TigerCoon
Member since Nov 2005
22466 posts
Posted on 5/12/20 at 3:26 pm to
So a bad guy was killed by worse guys. Got it.
Posted by More&Les
Member since Nov 2012
14684 posts
Posted on 5/12/20 at 3:30 pm to
quote:


Can you prove that by anything other than the outcome of this incident? I'm not talking legalese.


I just posted the law of assault, their actions meet that statute, the shotgun makes it aggravated.

Their own statements to the police, recorded in the police report state that they 'intended' to make a citizen arrest, meaning they sought the confrontation, they even coordinated it with a third party (their friend Roddy who shot the video was also in pursuit) and they got ahead of Arbery, again by their own statements "to cut him off".

This was a pre meditated confrontation. The basis they claim, citizen's arrest is invalid because they had no immediate knowledge, required by the law, of a felony being committed.

This premeditated, unlawful attempted arrest led to an assault, which was aggravated and ultimately caused the death of mr. Arbery.

Murder. One.
This post was edited on 5/12/20 at 3:33 pm
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21116 posts
Posted on 5/12/20 at 3:42 pm to
quote:

This premeditated, unlawful attempted arrest led to an assault, which was aggravated and ultimately caused the death of mr. Arbery.


"Premeditation refers to the decision to plan to commit a crime, generally murder. A premeditated murder is thought out beforehand, but no specific length of time is needed for premeditation."

You are saying they planned on killing the gentleman? I'm trying to understand your thought process here. I get aggravated assault, I don't get premeditated. Do you think they were sitting around and said if we ever see that gentleman, we are going to kill him?

They did cause his death, irrefutable. You seem to be wishing for something that may or may not happen.

Might be best to let the GA legal system handle this one.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86071 posts
Posted on 5/12/20 at 3:46 pm to
He's claiming the attempt to detain/arrest was premeditated, which is mixing legal standards a bit, but the idea is that he intended the act which led to the death of Arbery.

Posted by doubleb
Baton Rouge
Member since Aug 2006
41812 posts
Posted on 5/12/20 at 3:48 pm to
quote:



Been protecting his racist acts for decades huh?


I doubt they were, but if he’d been involved in another altercation no matter how big do you believe his DA buddy would have it on file?
My point is it’s hard to believe anything his buddies would say.
And I stress, there’s no evidence that race was a factor here, or that this was a result of racism. I think if Arbery was white, we could have had the same result.
Posted by SeeeeK
some where
Member since Sep 2012
30668 posts
Posted on 5/12/20 at 3:49 pm to
quote:

You still can't just chase him down and kill him.
Posted by Dooder73
Member since Mar 2020
608 posts
Posted on 5/12/20 at 3:50 pm to
quote:

He's claiming the attempt to detain/arrest was premeditated, which is mixing legal standards a bit, but the idea is that he intended the act which led to the death of Arbery.



It's mixed alright
This post was edited on 5/12/20 at 3:50 pm
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
22110 posts
Posted on 5/12/20 at 3:51 pm to
Yeah I'm not sure about the premeditated aspect of the assault. I think he's accurate with the rest of it though. If it's determined that their detention/citizens arrest was illegal (I believe it was, personally) then it's likely they'll be charged with aggravated assault, and because a death occurred during the assault, they can be charged with felony murder.
Posted by doubleb
Baton Rouge
Member since Aug 2006
41812 posts
Posted on 5/12/20 at 3:52 pm to
quote:


Their own statements to the police, recorded in the police report state that they 'intended' to make a citizen arrest,

That’s not in the police report. The police report said the MCMichaels intended to stop him f Sg o they could talk or something to that effect,
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21116 posts
Posted on 5/12/20 at 3:52 pm to
quote:

which is mixing legal standards a bit


I just say let it be played out. We all have our opinions on this. Sad thing is, this whole situation was avoidable.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21116 posts
Posted on 5/12/20 at 3:53 pm to
quote:

Yeah I'm not sure about the premeditated aspect of the assault. I think he's accurate with the rest of it though. If it's determined that their detention/citizens arrest was illegal (I believe it was, personally) then it's likely they'll be charged with aggravated assault, and because a death occurred during the assault, they can be charged with felony murder.


I agree with this.
Posted by jchamil
Member since Nov 2009
18869 posts
Posted on 5/12/20 at 3:55 pm to
quote:

Yeah I'm not sure about the premeditated aspect of the assault


I don't think there is a premeditated or intent element of assault. You either committed an act causing someone to reasonably be in fear of a serious injury or you didn't, and if you did it with a deadly weapon it's aggravated.
Posted by More&Les
Member since Nov 2012
14684 posts
Posted on 5/12/20 at 4:07 pm to
quote:


"Premeditation refers to the decision to plan to commit a crime, generally murder. A premeditated murder is thought out beforehand, but no specific length of ti


They may not have thought of it as a crime but ingnorance is no defense. Again slowly for those who cant hear good, they may not have intended to murder him, they may not have realized they were committing a felony themselves but they DID plan and initiate the confrontation, thereby committing the assault, which aggravated by the presence of their drawn weapons and said confrontation did in fact cause his death.

Its Murder One. Fo Shizzle
Posted by roadGator
Member since Feb 2009
154674 posts
Posted on 5/12/20 at 4:08 pm to
quote:

Its Murder One


Nah
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21116 posts
Posted on 5/12/20 at 4:12 pm to
quote:

Its Murder One. Fo Shizzle


Perhaps.

quote:

They may not have thought of it as a crime but ingnorance is no defense. Again slowly for those who cant hear good, they may not have intended to murder him, they may not have realized they were committing a felony themselves but they DID plan and initiate the confrontation, thereby committing the assault, which aggravated by the presence of their drawn weapons and said confrontation did in fact cause his death.


Yep, not premeditated murder though. You won't be happy the way this ends. That's Fo Shizzle.
Posted by questionable
FL
Member since Apr 2008
1228 posts
Posted on 5/12/20 at 4:15 pm to
quote:

So a bad guy was killed by worse guys. Got it.


Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40304 posts
Posted on 5/12/20 at 4:16 pm to
quote:

Maybe you are saying they will be charged with Felony murder? Perhaps they will, perhaps they won't.


There's no maybe about it. They've been charged with aggravated assault and felony murder.
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