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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 5/10/20 at 5:35 pm to LuckyTiger
Posted on 5/10/20 at 5:35 pm to LuckyTiger
quote:
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.
And had he not charged the shooter deadly force may not have been used.
3
Posted on 5/10/20 at 5:35 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. The accused admitted to brandishing their weapons while ordering the victim to stop. Citizen arrest laws offer no protection from this.
LOL heard it through the grapevine that Georgia's considering repealing the brandishing prohibition, this will surely thwart that
Posted on 5/10/20 at 5:35 pm to davyjones
quote:
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.
A lot of defense lawyers were former prosecutors.
I remember my very first interview, sitting at the head of a big long table with about 8 prosecutors around me, staring at me.
First question was “where do you stand on death penalty?” Second question was “would you have a problem working on a case where we are seeking to put the defendant to death?” Third question was “So is it your plan to work here for a few years, learn all the tricks of the trade, then take that knowledge and make real money as a defense lawyer?”
Prosecutors have a love hate relationship with defense lawyers, mostly.
Posted on 5/10/20 at 5:37 pm to ThePTExperience1969
quote:
of first degree murder at most
That’s about as most as you can get.
Posted on 5/10/20 at 5:38 pm to the808bass
quote:
More important will be whether the McMichaels saw him commit a crime.
And even more important whether they had probable cause that it was a felony for them to pursue because the 911 call and police report surely don't reflect that, can't do it for stale felonies
Posted on 5/10/20 at 5:39 pm to Aristo
quote:
And had he not charged the shooter deadly force may not have been used.
Correct.
But it depends on whether the defendant turned that gun on the deceased prior to the deceased charging the defendant.
Posted on 5/10/20 at 5:39 pm to LuckyTiger
It's definitely a unique relationship. Especially the public defenders and prosecutors who are assigned to a particular judge/division. Spend a whole lotta time together. Oftentimes get into nasty fights one minute, asking about the family the next. 
Posted on 5/10/20 at 5:44 pm to davyjones
Many have known each other for years and years. The judges too, in some cases.
Posted on 5/10/20 at 5:45 pm to Muleriderhog
I was not asking you, and we were likely typing posts at the same time (my second request and your answer). I’m well familiar with pointing or aiming a pistol at a gun at another, and agg assault; I was just wondering if the poster was referencing something else between the severity of the two, of which I had no knowledge of.
Posted on 5/10/20 at 5:45 pm to SLafourche07
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. "
The "out for jog" thing is bullshite. And I don't think they were out on a hunt, planning to kill the guy.
However, a couple baws loading up in the truck with guns (one climbing in the back) due to a report of a guy possibly stealing from a jobsite, in broad daylight, just looks bad even without the embellishing the race hustlers are using.
I don't know anyone who's first reaction would be to grab a gun, and tell their son to do the same, and take off in pursuit in that situation.
This post was edited on 5/10/20 at 5:48 pm
Posted on 5/10/20 at 5:46 pm to Aristo
quote:
And had he not charged the shooter deadly force may not have been used.
Had they not been stalking him like a posse to effect an unlawful citizens arrest and violating Georgia law by brandishing a firearm AND one of the defendants exiting the car with the shotgun to confront Arbery, he wouldn't have charged in lawful self-defense
Posted on 5/10/20 at 5:47 pm to Aristo
quote:This is fricking stupid. The kid is jogging around the stationary truck because it's in the road. At the same time, the driver with the shotgun jumps out and they meet right in front of the truck. It appears instant and they are a couple feet apart. At that point, it would be human nature for many to reach for the weapon to keep it pointed anywhere but at them.
And had he not charged the shooter deadly force may not have been used.
These guys had the foresight to recognize their actions could lead to violence and death.
Posted on 5/10/20 at 5:48 pm to BuckyCheese
quote:
The "out for jog" thing is bullshite. And I don't think they were out on a hunt. However, a couple baws loading up in the truck with guns (one climbing in the back) due to a report of a guy possibly stealing from a jobsite, in broad daylight, just looks bad even without the embellishing the race hustlers are using. I don't know anyone who's first reaction would be to grab a gun, and tell their son to do the same, and take off in pursuit in that situation.
This is a rational thought.
Posted on 5/10/20 at 5:54 pm to MeatCleaverWeaver
quote:
I was not asking you, and we were likely typing posts at the same time (my second request and your answer). I’m well familiar with pointing or aiming a pistol at a gun at another, and agg assault; I was just wondering if the poster was referencing something else between the severity of the two, of which I had no knowledge of
I gotcha, no worries. I was just providing what I thought you were asking for.
Posted on 5/10/20 at 5:54 pm to Jake88
quote:
At that point, it would be human nature for many to reach for the weapon to keep it pointed anywhere but at them.
If that gun is being held up in the air or down, the defendant does not have the right to go for that gun.
If the gun is being held otherwise and in the direction of the deceased, he does have the right to self defense and to charge the defendant.
Foolish decision but one within the law.
Posted on 5/10/20 at 5:56 pm to davyjones
quote:Some woman I just met and became FB friends with was telling me earlier this week how she used to run but hasn't ran in a while and she doesn't like running. Yesterday, she made a post making sure to let us know that she jogged for Arbery. It's just ridiculous.
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.
Posted on 5/10/20 at 5:59 pm to jimdog
Too much logic, not enough emotion.
People will get mad at you.
People will get mad at you.
Posted on 5/10/20 at 5:59 pm to jimdog
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
Is not a crime? GTFOOH
Posted on 5/10/20 at 5:59 pm to davyjones
Interesting enough I know Vic Reynolds. Way back before law school, I was a clerk in the Cobb County DA’s office. Reynolds was a magistrate judge and formerly connected to the DA’s office. Everyone liked him. If you needed something signed and the assigned judge was unavailable everyone took it to Reynolds. He’d sign it.
I was one of those running orders around and visited him a few times in chambers. He was always gracious, cordial, and down home in nature. Definitely warm and gave you the sense that he cared about people. Gave me a pat on the back more than once.
Later he became DA. Now he’s head of GBI.
I was one of those running orders around and visited him a few times in chambers. He was always gracious, cordial, and down home in nature. Definitely warm and gave you the sense that he cared about people. Gave me a pat on the back more than once.
Later he became DA. Now he’s head of GBI.
This post was edited on 5/10/20 at 6:00 pm
Posted on 5/10/20 at 6:10 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. 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.
I can agree with this.
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