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re: Prosecutors are going to struggle to find anything the 'necks did that breaks a Ga law.
Posted on 5/11/20 at 7:55 pm to JohnnyKilroy
Posted on 5/11/20 at 7:55 pm to JohnnyKilroy
quote:
They move towards each other.
Yep rewatching the video now it appears the move towards each other. AA makes a left after clearing the front of the truck, but Jr. is already at the driver's side headlight at the "moment of impact"
ETA: Not that I think this really makes a ton of difference, legally. I believe the McMichaels were already engaged in an aggravated assault well prior to this anyway so it doesn't really make a difference, at that point, if one or both of them moved toward the other.
This post was edited on 5/11/20 at 7:58 pm
0
Posted on 5/11/20 at 8:02 pm to jimdog
quote:
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
So the guy could claim self-defense if he was the one who initiated the altercation and the person he engaged was unarmed? Um, no. Not happening.
Those two hayseed rednecks remind me a lot of some of the racist assholes I grew up going to school with in south Alabama as a kid. Hate is a motherfricker. They did the crime, and now they are gonna do the time. They won't make 6 months before somebody shanks their arse in the joint.
Posted on 5/11/20 at 8:05 pm to Auburn1968
quote:
have to wonder who in all hell would charge a guy with a shotgun with another armed person backing him up?
Do you live in Vermont? I assume you lived in Alabama for a fair amount of your life.
Posted on 5/11/20 at 8:12 pm to TailbackU
This isn't the right way to go about it either, fwiw. Insulting them as racist redneck assholes helps nothing. I made a post about it. Legally, it ultimately doesn't matter if their actions were racially motivated or not.
Posted on 5/11/20 at 8:30 pm to jimdog
quote:
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.
Question. How did he know that he was made? I thought the owner/builder watched him from afar via a camera.
Posted on 5/11/20 at 8:39 pm to TailbackU
quote:
Those two hayseed rednecks remind me a lot of some of the racist assholes I grew up going to school with in south Alabama as a kid. Hate is a motherfricker.
Link me something showing the McMichaels have anything in their past as being racist. They both have clean criminal records with no accusations of racist acts in the past. Maybe you’re just in your feels to much. Loosen the man bun and take a few deep breaths.
Posted on 5/11/20 at 8:45 pm to doubleb
quote:
Question. How did he know that he was made? I thought the owner/builder watched him from afar via a camera.
Neighbor across the street starts walking towards the dwelling the guy is trespassing in and he hauls arse. Watch the video
Posted on 5/11/20 at 9:03 pm to JohnnyKilroy
quote:Well yeah.
I don't really care about a prosecutor's confidence. They are always confident. That's part of why they are successful prosecutors.
But my post that you responded to was a post in response to someone citing a confident prosecutor. Hence, the point of my post. It wasn't to make some direct comparison.
quote:I don't think the fact patterns are the same. In fact, I've already articulated on this very board why they aren't.
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.
I still expect them to walk.
Posted on 5/11/20 at 9:29 pm to HogBalls
I’ve seen several videos but not that one
Posted on 5/11/20 at 9:36 pm to ShortyRob
quote:
I still expect them to walk.
You think they will be able to successfully argue that they had immediate knowledge of/reasonable and probable suspicion that AA had just committed a felony and was attempting to escape?
Posted on 5/11/20 at 9:39 pm to JPLSU1981
quote:
Don’t know if already posted in this thread, but I liked this 14min video from a former cop, kind of breaks down what went down. Fairly concise and seemingly level-headed:
This is the first I’ve seen where someone says the McMichaels saw Arbery come out of the house.
Posted on 5/11/20 at 9:40 pm to doubleb
Posted on 5/11/20 at 9:41 pm to doubleb
Is this the guy who tries to claim a construction site without doors or windows meets the legal definition of a dwelling? Lol.
Posted on 5/11/20 at 9:45 pm to JohnnyKilroy
quote:
You think they will be able to successfully argue that they had immediate knowledge of/reasonable and probable suspicion that AA had just committed a felony and was attempting to escape?
I've already said before, but, happy to repeat. I think
1. Juries are composed of humans. So, we can get all hyper technical here all we want and it amounts to meh
2. For these types of cases, they are NEVER stronger than they are at this stage. And, we already have fricking monkey wrenches landing in the case inside of a few days before the Defense attorney even opens his brief case.
Sure, I have some specific things that I think will be problematic for a jury...……...but the above two really are the primary elements that make me think the dude's will walk.
Now, that said. I kind of expect that whether they walk or not, we are liable to see some changes in the law in response to the case.
Posted on 5/11/20 at 9:50 pm to JohnnyKilroy
quote:
without doors or windows
IMO the discussion of dwelling or whatever one wants to call it is silly and getting too into the weeds, Because it’s a house to all reasonable people no matter how you slice it, but for the record there are doors and windows in that house.
Posted on 5/11/20 at 9:56 pm to JohnnyKilroy
quote:
Is this the guy who tries to claim a construction site without doors or windows meets the legal definition of a dwelling? Lol.
Dunno, he says it’s a dwelling, but it’s debatable if you look at the tape showing it isn’t sheet rocked yet.
It’s a black guy who says the McMichaels were witnesses to the break in.
Posted on 5/11/20 at 9:57 pm to JPLSU1981
quote:
IMO the discussion of dwelling or whatever one wants to call it is silly and getting too into the weeds, Because it’s a house to all reasonable people no matter how you slice it, but for the record there are doors and windows in that house.
Oh so legal definitions that will be explained in great detail by the both the attorney's and the judge to whatever jury is assembled don't matter now? Lmao.
Posted on 5/11/20 at 9:59 pm to doubleb
quote:
It’s a black guy who says the McMichaels were witnesses to the break in.
But they weren't. We know they weren't from their statements to the police and their 911 call.
They may have seen a video of a previous trespass onto the construction site, but we know they didn't witness him in the house on the day of the incident
Posted on 5/11/20 at 10:00 pm to JPLSU1981
quote:
Don’t know if already posted in this thread, but I liked this 14min video from a former cop, kind of breaks down what went down. Fairly concise and seemingly level-headed:
can`t say i`m often right, but i saw from the moment Jr and Arbury both tie up, with open carry laws, with Arbury at the very least being the co-instigator of the actual fight that both could claim self defense, this was going to be a difficult case to try. t
The Mcmichaels open fire at the approaching man and this one is easy.
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