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

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llowing 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.

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The older man was in law enforcement for 18 years. He knows the law and what he is allowed to do as a citizen to approach someone he believes is committing a crime. They were following open carry law, and have a stand your ground law. The black man attacked a man not pointing a gun at him, but was merely holding it. He got shot. Play stupid games. Win stupid prizes. Dude was a drugged up degenerate, and his death was a net positive to society.

These guys will walk. Sorry. To anyone who watched the stephan moly video will know 100% these guys will walk. They were in their rights. They never pointed the gun at him until he attacked, and he pointed the gun at himself trying to kill them. Death was the only outcome, and the correct person died.

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The older man was in law enforcement for 18 years. He knows the law and what he is allowed to do.

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Except for know that you have to be present to a felony to initiate a citizen's arrest.

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These guys will walk. Sorry. To anyone who watched the stephan moly video will know 100% these guys will walk. They were in their rights. They never pointed the gun at him until he attacked.

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Irrelevant if they initiated the situation by assaulting AA. You can't assault someone then shoot them when they defend themselves and claim self-defense.

ETA: hold on I didn't see your post before you edited.

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He knows the law and what he is allowed to do as a citizen to approach someone he believes is committing a crime. They were following open carry law, and have a stand your ground law. The black man attacked a man not pointing a gun at him, but was merely holding it. He got shot. Play stupid games. Win stupid prizes. Dude was a drugged up degenerate, and his death was a net positive to society.

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A white mother was gunned down in front of her children in the recent past by blacks because she told them to slow down as they were speeding through her neighborhood. I bet you never heard about it because the news media doesn't give a crap when a black person kills a white person.

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Irrelevant if they initiated the situation by assaulting AA.

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OMG WHITE PEOPLE DO NOT ENGAGE BLACKS WHO ARE CLEARLY BEING SUSPICIOUS! ONLY BLACK PEOPLE CAN SHOOT BLACK PEOPLE! OR BLACKS SHOOTING WHITE PEOPLE! WHICH IS LIKE 15X MORE LIKELY! DO NOT APPROACH THEM! YOU ARE NAZI THEY ARE RACIAL FREEDOM FIGHTERS!

idc about the race. I fricking hate a theif. All thieves should be killed, and meth addicts. Im not saying he was the latter. I just hate them both equally.

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Are you a criminal law attorney in Georgia?

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I'm not. Does that change anything I'm saying?

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The prosecutor in the Zimm case was sure if himself too

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The Zimm case is very very different from this one. Zimm did not commit attempt to restrain/detain TM guns drawn. McMichaels did. Bringing up TM/Zimm is a red herring.

Good point poster Flats. Anyway it goes they are going to lose. I know people are blasted for "not wanting to get involved" but this is likely a textbook case for why you shouldn't get involved other than maybe making a call to the local gendarmes. Although it is pretty obvious the father/son got way more involved than normal people would do. I can see some people following at a distance given the fact that the neighborhood was in a burglar watch frame of mind. Me? I have to say I would NOT have gotten involved. No following, nothing. No calling the police.

It's obvious they (the two guys being charged) are over the top wannabe's. At the same time you have people (here and on local and national media) just inventing things like "Aggravated Assault". Look up the justification and legal definition of AA and it is alien to the events that I understand are on the video and that I understand happened. That's why I believe again the state is going to have a tough time, once the emotion is removed, proving up a murder conviction that will stand up under appeal.

You likely had a meeting of three losers and sure enough all three will lose. Heck you even have people wanting to charge the guy who video'ed the events charged. Charged with what is my question, doing a public service. Bringing truth to a disaster? Next I guess folks will want to charge the guy who saw the dead guy trespassing or what ever it was he was doing on private property and promptly did what everyone is saying you should do, call the cops. But it was pretty plain that the dead person realized he was made at that point and took off. Even if he was just trespassing to take a leak.

But remove the emotion and get down to laws on the books and there are what appears to be gaps. Maybe the laws need changing.

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Ingeniero


Are you a criminal law attorney in Georgia?

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Ths guy is.

"Georgia law allows for a citizen’s arrest in a felony crime committed in one’s presence, said Arora, who is currently a criminal defense attorney in Atlanta. But a citizen can only use reasonable force to detain a person and deadly force cannot be used unless it’s to prevent a forcible felony or for self-defense.

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. "

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so you posting about how confident the prosecutor is in this case isn't it tremendously compelling.

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I didn't post that.

I don't really care about a prosecutor's confidence. They are always confident. That's part of why they are successful prosecutors.

I'm stating the facts in TM and the facts here are materially different so the meme that "this will be just like TM and the ole baws are gonna walk" is only said by people who can't see the clear and obvious material differences in the fact pattern.