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

Posted on 5/10/20 at 5:20 pm to
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 5/10/20 at 5:20 pm to
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


Please list the law title & code section.
Posted by the808bass
The Lou
Member since Oct 2012
120718 posts
Posted on 5/10/20 at 5:21 pm to
quote:

As usual, the Left picks a terrible person to hitch their cart behind.


And a bunch of conservatives defend someone just because the Left is attacking them.
Posted by the808bass
The Lou
Member since Oct 2012
120718 posts
Posted on 5/10/20 at 5:22 pm to
quote:

Many here should never serve on a jury.


I have bad news for you, the average poster on this board beats the average juror by at least 15 IQ points.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49826 posts
Posted on 5/10/20 at 5:25 pm to
All parties were foolish, made poor decisions, and as a result everyone ends up dead or incarcerated.

They should not have loaded up guns and ridden out in a posse. Call the cops. Even follow the guy, see where he goes if you want and call cops.

Once guys with guns follow you on street and try to get in your way, just stop. Walk up to a house and ring door, ask them to call cops. Or just let cops come. Say you did nothing, just running, guys with guns came up on you.

Anything is better then what we have: Death and prison.
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 5/10/20 at 5:25 pm to
quote:


I have bad news for you, the average poster on this board beats the average juror by at least 15 IQ points.


You beat me to it.
Posted by G The Tiger Fan
Member since Apr 2015
110604 posts
Posted on 5/10/20 at 5:27 pm to
quote:

As usual, the Left picks a terrible person to hitch their cart behind.
Even if the McMichaels are guilty, the media has gotten people to virtue signal and jog several miles for some guy who has ran from police after attending a basketball game with a loaded gun and been caught shoplifting, all since 2013. He was also possibly attempting to steal even more property just before getting shot. This is the guy they rally behind.
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 5/10/20 at 5:29 pm to
quote:

"STOP! STOP! We want to talk to you"


That's the first thing I yell from my stand at the deer.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
49826 posts
Posted on 5/10/20 at 5:29 pm to
quote:

More important will be whether the McMichaels saw him commit a crime.

Not really. It’s evidence, yes, but it’s not determinative.

Even if they saw him break into a house and commit a theft, they cannot use deadly force or the threat of deadly force to detain him.
Posted by SLafourche07
Member since Feb 2008
9967 posts
Posted on 5/10/20 at 5:29 pm to
quote:



And a bunch of conservatives defend someone just because the Left is attacking them.




Everything I've seen basically says these guys are idiots. And personally, I don't particularly care if these guys are convicted of murder.

What conservatives are "defending" is the false narrative that has been put out by the left. "The victim was just out for a jog, and these racists hunted him down and killed him. "
Posted by Muleriderhog
NYC
Member since Jan 2015
3116 posts
Posted on 5/10/20 at 5:30 pm to
quote:

Please list the law title & code section.

16-11-102 is the misdemeanor
LINK
16-5-21(a)(2) felony
LINK
This post was edited on 5/10/20 at 5:36 pm
Posted by dgnx6
Member since Feb 2006
80150 posts
Posted on 5/10/20 at 5:31 pm to
Ive thought about that. The 64 year old retired in 2019 I believe. So less than a year from the date of the killings.

He went vigilante but it was prob more of just instinct to him.

The 3rd guy was just following with camera, i do not think he had any intention to apprehend or even kill someone, it was just I need to keep the camera on this guy for the police.
Posted by the808bass
The Lou
Member since Oct 2012
120718 posts
Posted on 5/10/20 at 5:32 pm to
quote:

What conservatives are "defending" is the false narrative that has been put out by the left. "The victim was just out for a jog, and these racists hunted him down and killed him. "


Yeah. I get that. Plenty of people have run past attacking the narrative to defending the morons.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/10/20 at 5:32 pm to
quote:

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


quote:

* 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.


It all comes down to whether their defense of citizen's arrest holds up (probably won't given the facts and they were armed and he wasn't) because they're not going to be able to claim self defense by itself. Without the citizen's arrest component, it will come off to a jury by a prosecutor to a jury as straight up aggravated assault and murder BECAUSE

-they got their guns and pursued Arbery
-they kept telling him to stop and that they wanted to talk, while bearing arms
-they likely had someone tailing and recording it on video which will go to intent
-one of the McMichaels exits the car with the shotgun as Arbery encounters them
-Arbery defends himself

without the citizen's arrest component this is slam dunk first-degree murder

quote:

These guys are guilty


of first degree murder at most

quote:

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.


Georgia law requires these people either witness the commission of the offense or have immediate knowledge of the commission, which would probably mean the commission immediately just occurred and those proceeding to effect a citizen's arrest knew of it during that timeframe, the factfinder will determine that application at trial. Can't be a stale crime. However, Georgia vigilante law permits these people to pursue a fleeing suspect ONLY if they have PROBABLE CAUSE a FELONY occurred as well. The police report, the 911 call, and the defendants' conduct isn't gonna be enough to afford them self-defense per a citizen's arrest. Law doesn't protect vigilante posses, courts apply vigilante law very carefully when it comes to stuff like this. They also can't initiate the confrontation by brandishing a gun, courts look down at breaching the peace if you aren't a LEO.
Posted by Jake88
Member since Apr 2005
75376 posts
Posted on 5/10/20 at 5:33 pm to
quote:

* Defending yourself from an attacker who is physically trying to take your firearm
Don't get out of the truck for no reason and approach him with a shotgun as he's running around the truck in the road.

When someone suddenly approaches you with a shotgun there are few things you can do and, in the moment, reaching for it to protect yourself is one.
Posted by davyjones
NELA
Member since Feb 2019
33263 posts
Posted on 5/10/20 at 5:33 pm to
This isn't intended to be a swipe at all, just a general observation not aimed at any particular person, but the most hullabaloo I've seen about the virtue signaling angle has been from people who are fussing about and decrying the virtue signaling angle.

But perhaps I've just efficiently avoided it. Which could also mean that the virtue signalers are mostly preaching to the choir.
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 5/10/20 at 5:33 pm to
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

——————————

quote:

Please list the law title & code section.


Still waiting for the answer and I don’t understand a downvote for a simple request. There is some language in the post that sounds foreign to Georgia law, and I was seeking clarification.
This post was edited on 5/10/20 at 5:34 pm
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 5/10/20 at 5:33 pm to
quote:

He was also possibly attempting to steal even more property just before getting shot.


I'm guessing he may have had someone working with him that would drive down the street and he would load the stolen goods into the vehicle as he walked to each house. This is usually a night time activity, so maybe not.
Posted by Muleriderhog
NYC
Member since Jan 2015
3116 posts
Posted on 5/10/20 at 5:34 pm to
quote:

Still waiting for the answer and I don’t understand a downvote for a simple question. There is some language in the post that sounds foreign to Georgia law, and I was seeking clarification

I provided it.
This post was edited on 5/10/20 at 5:35 pm
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27415 posts
Posted on 5/10/20 at 5:34 pm to
Think that’s why prosecutors are recusing themselves. Better every DA on staff “knew the dad”.

Give it to the feds.

Lol. Not law enforcement so I have zero idea if any of that can happen.
Posted by dgnx6
Member since Feb 2006
80150 posts
Posted on 5/10/20 at 5:34 pm to
quote:

And a bunch of conservatives defend someone just because the Left is attacking them.


Yes and no imo. I want the facts to come out because there are different levels of punishment. Not just for this crime, but for all.

Just saying hate crime, and throwing guilt verdict down would be wrong according to the laws too.
This post was edited on 5/10/20 at 5:35 pm
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