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Prosecutors are going to struggle to find anything the 'necks did that breaks a Ga law.

Posted on 5/10/20 at 5:08 pm
Posted by jimdog
columbus, ga
Member since Dec 2012
6636 posts
Posted on 5/10/20 at 5:08 pm
* Following someone, especially a felon who you and others suspect is doing more theft in the neighborhood is a no go.

* Asking the person you suspect to "Stop! Stop! "We want to talk to you" which I understand is on the video is far from a crime.

* Carrying a shotgun in public is no crime.

* Defending yourself from an attacker who is physically trying to take your firearm for the only purpose you can imagine at that point is no crime and the only logical and prudent action and is no crime.

I, like many others who had no idea of the context and only watched the original video immediately jumped to the same conclusion many others have. These guys are guilty. And frankly they are guilty of bad judgement in not letting law enforcement handle this matter. And you have posters here screaming murder but the state cannot prove up a murder case for following someone, asking that person to stop and talk (presumably about his trespassing or other suspected neighborhood activities) and then shooting the guy when he attacked you and tried to take your firearm. Not under Georgia law. And you can be sure that is why they had not been charged. All that said, stand down and let the police handle suspected law breakers. And perhaps there is something else we don't know about that they did. The only thing may be during the fight for the gun. Or maybe a final unnecessary shot after the suspect had broken off his fight for the gun. JMO.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49813 posts
Posted on 5/10/20 at 5:09 pm to
You can’t have a rational non emotional discussion about this subject.
Posted by Turbeauxdog
Member since Aug 2004
23726 posts
Posted on 5/10/20 at 5:09 pm to
Interested to see if in Georgia the citizens arrest angle is even necessary for defense.
Posted by patnuh
South LA
Member since Sep 2005
7284 posts
Posted on 5/10/20 at 5:10 pm to
They did something reallllllly fricking dumb and will have every media outlet against them. But I think this might wind up like a George Zimmerman type deal.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49813 posts
Posted on 5/10/20 at 5:12 pm to
This case will turn on whether the defendant pointed his gun at the deceased.

The video does not show this.

We only have, unless someone else comes forward, two witnesses. Both will probably say they did not point a gun at the deceased.

Then it’s a question for the jury whether or not to believe them.
Posted by 4LSU2
Member since Dec 2009
37792 posts
Posted on 5/10/20 at 5:13 pm to
If I was walking and two people were following me.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46657 posts
Posted on 5/10/20 at 5:13 pm to
The accused openly confessed to a class C felony in Georgia based on the police report. So, at a minimum, they are already guilty of a crime.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
151038 posts
Posted on 5/10/20 at 5:13 pm to
quote:

You can’t have a rational non emotional discussion about this subject
yes you can

you cocksucking piece of shite
Posted by PsychTiger
Member since Jul 2004
104694 posts
Posted on 5/10/20 at 5:15 pm to
As usual, the Left picks a terrible person to hitch their cart behind.
Posted by jimdog
columbus, ga
Member since Dec 2012
6636 posts
Posted on 5/10/20 at 5:16 pm to
During the altercation they made no mention of arrest of the individual. The video only has "STOP! STOP! We want to talk to you" is my understanding. As I said here may be more things/info to come.
This post was edited on 5/10/20 at 5:23 pm
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
52090 posts
Posted on 5/10/20 at 5:16 pm to
quote:

* Following someone, especially a felon who you and others suspect is doing more theft in the neighborhood is a no go.

* Asking the person you suspect to "Stop! Stop! "We want to talk to you" which I understand is on the video is far from a crime.

* Defending yourself from an attacker who is physically trying to take your firearm for the only purpose you can imagine at that point is no crime and the only logical and prudent action and is no crime.


have any of these things been shown to be true?
Posted by Roger Klarvin
DFW
Member since Nov 2012
46657 posts
Posted on 5/10/20 at 5:16 pm to
quote:

Following someone, especially a felon who you and others suspect is doing more theft in the neighborhood is a no go.

* Asking the person you suspect to "Stop! Stop! "We want to talk to you" which I understand is on the video is far from a crime.

* Carrying a shotgun in public is no crime.

* Defending yourself from an attacker who is physically trying to take your firearm for the only purpose you can imagine at that point is no crime and the only logical and prudent action and is no crime.

I, like many others who had no idea of the context and only watched the original video immediately jumped to the same conclusion many others have. These guys are guilty. And frankly they are guilty of bad judgement in not letting law enforcement handle this matter. And you have posters here screaming murder but the state cannot prove up a murder case for following someone, asking that person to stop and talk (presumably about his trespassing or other suspected neighborhood activities) and then shooting the guy when he attacked you and tried to take your firearm. Not under Georgia law. And you can be sure that is why they had not been charged. All that said, stand down and let the police handle suspected law breakers. And perhaps there is something else we don't know about that they did. The only thing may be during the fight for the gun. Or maybe a final unnecessary shot after the suspect had broken off his fight for the gun. JMO.


Brandishing a firearm in public is a misdemeanor in Georgia, and when done as a threatening or intimidating gesture it becomes a class C felony. The accused admitted to brandishing their weapons while ordering the victim to stop. Citizen arrest laws offer no protection from this.

Again, they have already admitted to a crime. The only question is are they also guilty of murder.
This post was edited on 5/10/20 at 5:18 pm
Posted by Turbeauxdog
Member since Aug 2004
23726 posts
Posted on 5/10/20 at 5:17 pm to
quote:

As I said here may be more things/info to come.


Too bad the close minded emotional loons think they already know.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49813 posts
Posted on 5/10/20 at 5:18 pm to
Do they have the right to follow someone? Yes.

Do they have the right to open carry that gun and follow someone? Yes.

Do they have the right to use deadly force to defend themselves against someone in the case of being physically attacked? In this case, probably.

Now...

Do they have the right to open carry, follow, and point that gun at someone and demand he stop? No they do not. Why? Because you cannot use deadly force to protect property or detain someone. If he did so, he can be charged with aggravated assault. At that point, the deceased would have the right to self defense, and with the outcome the defendant can be charged with homicide.

It turns on what happened in front of that truck and what the jury believes.
Posted by Auburn1968
NYC
Member since Mar 2019
23258 posts
Posted on 5/10/20 at 5:18 pm to
Retired cops always see themselves as cops to my experience.

The key 2 seconds will be when the guy jogging turned and charged the son with the shotgun. It will be very clear in HD from the original phone video and a jury will decide.

I have to wonder who in all hell would charge a guy with a shotgun with another armed person backing him up?
Posted by the808bass
The Lou
Member since Oct 2012
120618 posts
Posted on 5/10/20 at 5:18 pm to
They didn’t just “follow” him. They admitted to trying to detain him. OP is good fan fiction. That’s about it.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49813 posts
Posted on 5/10/20 at 5:19 pm to
lol
Posted by davyjones
NELA
Member since Feb 2019
33227 posts
Posted on 5/10/20 at 5:19 pm to
Those prosecutors have thought it out a little better than that, for certain. And I don't typically role with prosecutors because I'm a defense guy myself. But they aren't real keen on setting themselves up for an embarrassing loss. At worst they get a lesser conviction by way of plea negotiation because when it comes down to it, for the defendants, going for broke on ALL TWELVE jurors voting not guilty may not be the safest bet.

Who knows, if anything the prosecution may declare that no plea negotiation will be had, as they fully intend on proceeding as charged.

ETA....in fact, if they are trial/not guilty or bust, they may be better off foregoing jury trial and instead elect for bench/judge trial.
This post was edited on 5/10/20 at 5:24 pm
Posted by the808bass
The Lou
Member since Oct 2012
120618 posts
Posted on 5/10/20 at 5:19 pm to
quote:

The key 2 seconds will be when the guy jogging turned and charged the son with the shotgun.


When the guy with the shotgun is running at him? Yes. That will be a little important. More important will be whether the McMichaels saw him commit a crime.
Posted by Langland
Trumplandia
Member since Apr 2014
15382 posts
Posted on 5/10/20 at 5:20 pm to
Many here should never serve on a jury.
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