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re: The Truth About Ahmaud Arbery

Posted on 5/10/20 at 12:34 pm to
Posted by Azkiger
Member since Nov 2016
21656 posts
Posted on 5/10/20 at 12:34 pm to
quote:

accosted Arbery with guns first


I missed that. The video I saw didn't catch the initial interaction between the jogger and the driver of the truck. I only saw what happened seconds after they met at the front of the truck.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79758 posts
Posted on 5/10/20 at 12:34 pm to
quote:

I've enjoyed watching the back and forth between people about this but I've pretty much stayed out of it because the truth is the guilt or innocence of the two guys will be determined in a court of law, not here.

The most predictable part has been the left wingers arrogant attempt to throw this at the rest of us like we were the ones who did it. I'm content to let the justice system sort out the guilt or innocence and I sincerely invite the left wingers to frick right on off.



This. I’m reserving judgement.

On first glance, the video appears pretty damning. However much like statistics, while video doesn’t lie, it’s very possible to lie with video. I’m content to wait and see how it all shakes out.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/10/20 at 12:34 pm to
quote:

How is the citizen's arrest unlawful?


did they witness the commission of a felony first hand or have "immediate knowledge" of this commission required by Georgia law?
Posted by idlewatcher
County Jail
Member since Jan 2012
79282 posts
Posted on 5/10/20 at 12:35 pm to
Good video.

Both McDaniels will get sprung IMO. Just objectively looking at the mere facts of the matter without clouding it with race, small town culture etc, it’s obvious to me anyway that they’ll get off. Good luck trying to explain why that baw was busy grabbing some dudes firearm in an open carry state.

DA folded like a cheap tent by charging them.
Posted by the808bass
The Lou
Member since Oct 2012
111559 posts
Posted on 5/10/20 at 12:35 pm to
quote:

How is the citizen's arrest unlawful?


We don’t know for sure. But, based on the information we have, the McMichaels didn’t have immediate knowledge of a felony.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260958 posts
Posted on 5/10/20 at 12:35 pm to
quote:

Their lives were at risk and it was self-defense at that point.


Wrong.

The victim was standing his ground, not the perps. They were the aggressors.
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 5/10/20 at 12:37 pm to
quote:

did they witness the commission of a felony first hand or have "immediate knowledge" of this commission required by Georgia law?


It seems they did. 911 was called on the "jogger" being in a house that was under construction.
This post was edited on 5/10/20 at 12:38 pm
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/10/20 at 12:37 pm to
quote:

Wrong. The victim was standing his ground, not the perps. They were the aggressors.


100%
Posted by the808bass
The Lou
Member since Oct 2012
111559 posts
Posted on 5/10/20 at 12:38 pm to
quote:

It seems they did. 911 was called the "jogger" being in a house that was under construction.


That’s not the call from the McMichaels. And being inside the house wouldn’t definitely be a felony.
Posted by footswitch
New Market
Member since Apr 2015
3940 posts
Posted on 5/10/20 at 12:38 pm to
Truthful video.
Citizens arrest is not unlawful. This happened in February? Funny how triggered the media and left became after General Flynn was exonerated.
He was a thief and not a very smart one.
Posted by GoldenGuy
Member since Oct 2015
10891 posts
Posted on 5/10/20 at 12:39 pm to
My best theory: Dude takes regular walks and every week or so and occasionally would walk in the house under construction and see the progress. Dudes assumed the worst (he was there to rob the place), confronted him on it, it got heated and into a fight, white dude got overwhelmed and shot him.

If the first part sounds far fetched, I’ve had to chastise my 60 year old parents for doing the exact same thing in our area (where copper theft is rampant). It’s a yankee thing
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 5/10/20 at 12:40 pm to
quote:

Wrong.

The victim was standing his ground, not the perps. They were the aggressors.


He was trying to take the baws shotgun... I don't think that is standing your ground.
Posted by Smeg
Member since Aug 2018
9346 posts
Posted on 5/10/20 at 12:40 pm to
quote:

The victim was standing his ground, not the perps. They were the aggressors.

Not supported by the video evidence. He was clearly charging and attempting to take the firearm. Police records indicate he physically attacked the man holding the shotgun. So, Arbery was the aggressor and the shooter was standing his ground.
Posted by davyjones
NELA
Member since Feb 2019
30201 posts
Posted on 5/10/20 at 12:41 pm to
Didn't have immediate knowledge is first a big problem for them, but then separately and distinctly they will have a huge problem with claiming that there was reasonable cause to believe any felony level offense was committed in the first place. A complete layperson may get a tiny bit of benefit of the doubt in a claim that they were of an honest belief that the crime they believe occurred was a felony (even if it ended up not being) but the father isn't going to get any benefit of the doubt on that because of his experience in law enforcement. They're crunched from all sorts of different angles.
Posted by the808bass
The Lou
Member since Oct 2012
111559 posts
Posted on 5/10/20 at 12:41 pm to
LINK

Here’s an interesting contemporaneous case.

quote:

A Georgia woman accused of chasing down and killing a hit-and-run driver is facing new felony charges. Hannah Payne, 22, was indicted on charges including felony murder and malice murder after a grand jury reviewed the case Wednesday, news outlets reported. She is accused of killing 62-year-old Kenneth Herring in Clayton County, just southeast of downtown Atlanta, on May 7. Payne witnessed a crash between a car driven by Herring and another vehicle, police said. Herring tried to leave the scene, so Payne followed him and blocked his path with her car, authorities said. An altercation between the two ended with Payne shooting Herring in the stomach, police said.



Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260958 posts
Posted on 5/10/20 at 12:41 pm to
quote:

He was trying to take the baws shotgun.


Ypu probably would as well.

He was being assaulted.
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 5/10/20 at 12:42 pm to
quote:

That’s not the call from the McMichaels. And being inside the house wouldn’t definitely be a felony.


Ok. Let's say you are correct. Does that give the "jogger" the right to attack someone and try to take their gun?
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/10/20 at 12:42 pm to
quote:

It seems they did. 911 was called the "jogger" being in a house that was under construction.


IDC whether 911 was called, it all comes down to whether THESE TWO actually either witnessed the commission of a felony or had "immediate knowledge" of it to legally be in the clear

the perspective of a LEO:

quote:

There are two key issues with the McMichael’s claims of a citizen’s arrest. First, at best, the incident at hand was tantamount to a trespassing incident. No burglary took place on this date and time and therefore the “citizen arrest” in this instance is unlawful (see law above) as the crime committed was no longer taking place.


quote:

The statue above does not allow citizens to affect an arrest for anyone for a crime below a misdemeanor.


quote:

Now lets suggest the McMichael’s thought a burglary had just taken place. Is their platform solid? Even in law enforcement, officers must be careful about the action of detaining or arresting someone based on the crime at hand. We call it, “having a solid platform.” It isn’t worth the fight (literally) at the present moment or later in court (via civil lawsuits) to justify why you had to subdue the jaywalker with flurry of baton strikes. It’s not worth the battle. Now had the same use of force taken place against someone wanted for murder, then the battle is worthwhile.


quote:

The call to 911 made by someone among the McMichael’s party does nothing to defend the mindset that they believed a burglary had just taken place. At best it suggest suspicion of prior incidents.


LINK
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 5/10/20 at 12:43 pm to
quote:

He was being assaulted.


No he wasn't.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/10/20 at 12:44 pm to
quote:

Ypu probably would as well.
Yes. I just might.

And, if it so happened that I came upon armed men trying to stop me when I was "just jogging", it would be a completely open and shut situation.

Alas, he wasn't just jogging. So, it's a whole lot less open and shut. Because yeah, if I was up to no good, I'd probably try to grab their gun too. But, that's an entirely different scenario.
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