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Started By
Message
re: Prosecutors are going to struggle to find anything the 'necks did that breaks a Ga law.
Posted on 5/11/20 at 4:17 pm to Steadmans Cheddar
Posted on 5/11/20 at 4:17 pm to Steadmans Cheddar
The hope by some posters that Arbrey was a scumbag that deserved to get blown away by some wannabe Dirty Harrys is not so subtle
This post was edited on 5/11/20 at 4:19 pm
0
Posted on 5/11/20 at 5:31 pm to Roger Klarvin
quote:
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
I don't know what Georgia calls brandishing but in Louisiana I'm pretty sure brandishing a firearm also includes the requirement of "in commission of a crime". In other words, it's a tack-on charge if you're already committing another crime and you're doing it while openly exposing a firearm and or pointing it at the public in a threatening matter. It was real common at one point to try to bust open carry advocates with the brandishing law and it was shot down every time because of the wording in brandishing laws in most States.
Nothing they had done up to the point that shots were fired, was illegal in the state of Georgia. The question will become, did they point the firearm at the alleged suspect before he charged them. The video doesn't show it but there might be another video that does or there might be eyewitnesses that can corroborate or provide conflicting testimony of the two defendants
This post was edited on 5/11/20 at 5:33 pm
Posted on 5/11/20 at 5:39 pm to LuckyTiger
quote:
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
I agree with everything you said except for this point..
quote:
Because you cannot use deadly force to protect property
This isn't necessarily true. It varies from state-to-state and it's conditional. I saw somewhere someone had posted the specific statute in regards to citizen's arrest in the state of Georgia and it seemed to allow deadly force to protect private property. Louisiana has a statute that has similar wording although the justifiable homicide statute seems to conflict with it. Bureaucrats aren't necessarily that great at writing law. There's a lot of internal conflict and vagueness even within the same set of law. That's where case law and courts come into play.
Posted on 5/11/20 at 5:41 pm to the808bass
quote:
Junior was moving towards him as well. Anyone who doesn’t admit that is a fricking idiot and you should ignore them
Your inability to be honest about the video is ridiculous
Junior covered about two steps the deceased covered 10 yards
Posted on 5/11/20 at 5:45 pm to ShortyRob
He’s five feet to the left of the truck even with the door. Your inability to be honest that he moves towards Arbery is weird.
Posted on 5/11/20 at 5:49 pm to the808bass
quote:
He’s five feet to the left of the truck even with the door. Your inability to be honest that he moves towards Arbery is weird
This is ridiculous. There's video and you're being retarded
You know who initiated contact so this is all silly pretense
At least the other people have the decency to be trying to justify the fact that he initiated contact. You trying to pretend he didn't is just ridiculous
This post was edited on 5/11/20 at 5:53 pm
Posted on 5/11/20 at 5:56 pm to ShortyRob
They move towards each other. Not really seeing how it makes much of a difference tbh. The agg assault was already in process prior to AA reaching the truck
Posted on 5/11/20 at 5:57 pm to JohnnyKilroy
quote:
They move towards each other. Not really seeing how it makes much of a difference tbh
I'm fine with discussing finer points but the initiator was the deceased and it's not even debatable.
I refuse to even try to get to the finer points if somebody starts with the premise that what I just said isn't 100% factual
This post was edited on 5/11/20 at 5:57 pm
Posted on 5/11/20 at 5:57 pm to ShortyRob
I remember the Shorty Rob of two days ago.
Now you’re just being dishonest. What a fig.
Now you’re just being dishonest. What a fig.
Posted on 5/11/20 at 5:57 pm to the808bass
quote:
I remember the Shorty Rob of two days ago.
Now you’re just being dishonest. What a fig
Half the people on your side have acknowledged he initiated. Stop being absurd.
You let yourself get invested and now you can't help it
Posted on 5/11/20 at 5:58 pm to ShortyRob
quote:
I'm fine with discussingfiner points but the initiator was the deceased and it's not even debatable.
I refuse to even try to get to the finer points if somebody starts with the premise that what I just said isn't 100% factual
Initiated contact? Sure. To defend himself from an aggravated assault. Initiated the situation? No. The McMichaels did that by assaulting him.
Posted on 5/11/20 at 5:59 pm to Ingeniero
quote:
Initiated contact? Sure. To defend himself from an aggravated assault
And if you want to argue that point I'm good. Because you at least acknowledge that he did initiate
Posted on 5/11/20 at 6:02 pm to ShortyRob
quote:
You let yourself get invested and now you can't help it
Ironic post is ironic.
Posted on 5/11/20 at 6:03 pm to the808bass
quote:
Ironic post is ironic
Nope because you've been vested from the beginning and I waited
you just can't handle the fact that I waited and didn't come to your conclusion that you were already vested in
what's sad is that unlike many posters here you should know better than to let CNN do that to you
This post was edited on 5/11/20 at 6:04 pm
Posted on 5/11/20 at 6:05 pm to the808bass
Hell. The poster in between has acknowledged that the deceased initiated.
Posted on 5/11/20 at 6:06 pm to ShortyRob
No. You’re free to come to your own conclusion. You are not free to say that Junior didn’t move towards Arbery.
If Arbery was going to attack Junior the whole time, why didn’t he just run up the left side of the truck?
If Arbery was going to attack Junior the whole time, why didn’t he just run up the left side of the truck?
Posted on 5/11/20 at 6:07 pm to ShortyRob
Initiated physical contact? Whatever. I’m not sure what difference that makes.
I’ll ask what I asked someone else, if Junior shoots before Arbery grabs the gun, does it make a difference?
I’ll ask what I asked someone else, if Junior shoots before Arbery grabs the gun, does it make a difference?
Posted on 5/11/20 at 6:07 pm to the808bass
quote:
by the808bass
No. You’re free to come to your own conclusion. You are not free to say that Junior didn’t move towards Arbery
Cool because I didn't say that
I said that the deceased initiated the confrontation and he did. it's not remotely debatable to the point that even half the people that agree with you recognize that he's the initiator. That should tell you something
Posted on 5/11/20 at 6:08 pm to the808bass
quote:
Arbery was going to attack Junior the whole time, why didn’t he just run up the left side of the truck?
Holy shite
You seriously can't contemplate a reason why he wouldn't have done that? Are you going to fake stupidity now just to maintain your point
Posted on 5/11/20 at 6:09 pm to ShortyRob
That's fine and all, but it has zero bearing on the McMichaels' defense. The prosecutor that AJC interviewed said this:
ETA: you misunderstand me, judging by your previous post. I don't believe it's accurate to say that the deceased initiated the confrontation. Physical contact, maybe. But the confrontation began when the McMichaels assaulted him.
quote:
Since the McMichaels initiated the confrontation with the weapons it will be difficult for them to claim self-defense and what appears on the security video doesn’t justify their actions, he said. The footage also demonstrates that police were not far from the neighborhood when the incident occurred, he said.
“If you initiate an assault you don’t get then claim self-defense if the other person reacts to them being assaulted,” Arora said. “From the information we have right now, this video doesn’t change the basis for the arrest.”
ETA: you misunderstand me, judging by your previous post. I don't believe it's accurate to say that the deceased initiated the confrontation. Physical contact, maybe. But the confrontation began when the McMichaels assaulted him.
This post was edited on 5/11/20 at 6:11 pm
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