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Message

re: The Truth About Ahmaud Arbery

Posted on 5/10/20 at 1:51 pm to
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 5/10/20 at 1:51 pm to
quote:

So attempting to paint a guy as suspicious doesn't matter when the whole defense is going to be that the guy attacked one of the McMichaels when he had several other options?


Georgia is a stand your ground state. If you believe your life is in imminent danger you are legally allowed to respond with force without exhausting other options.

Besides, the assumption one tends to make when someone with a gun and no obvious authority to do so tells you to stop is that they will shoot if you don’t. Running away may very well have seemed like the worst option.
Posted by G The Tiger Fan
Member since Apr 2015
115635 posts
Posted on 5/10/20 at 1:52 pm to
quote:

EXITS THE CAR BRANDISHING A SHOTGUN
You typing it in all caps doesn't make it any more true, baw.
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 1:52 pm to
quote:


It’s in the report, they acknowledge approaching him with weapons drawn


Well a shotgun is hard to keep in your pocket.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78156 posts
Posted on 5/10/20 at 1:53 pm to
If someone was chasing you up and down the street and the blocked your way and got out of their car with a gun you would feel reasonably that your life was in danger and then YOU have a right to self defense.

The only thing that would make their actions ok is if they had a right to a citizens arrest and nothing indicates they did. They didn’t see the crime happen and they had no immediate knowledge it happened.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 5/10/20 at 1:53 pm to
quote:


There is a difference between holding a weapon and brandishing a weapon. What evidence is there that he brandished the weapon before Arbery went for his weapon?


Again, the police report. The accused ADMIT TO IT.
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 1:54 pm to
quote:

There is a difference between holding a weapon and brandishing a weapon.
You're right, there is.
quote:

What evidence is there that he brandished the weapon before Arbery went for his weapon?
Blockading a road while displaying a weapon is "brandishing".
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 1:54 pm to
quote:


Georgia is a stand your ground state. If you believe your life is in imminent danger you are legally allowed to respond with force without exhausting other options.

Besides, the assumption one tends to make when someone with a gun and no obvious authority to do so tells you to stop is that they will shoot if you don’t. Running away may very well have seemed like the worst option


All this is why citizens arrest laws are probable to end badly. It gets really murky if the suspect isn’t interested in complying or the citizen is too excited about it.

But alas, the law is there isn’t it.
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 1:56 pm to
quote:

Their citizen's arrest law has been interpreted by the courts similarly to other states. It is VERY limited in its application.


I wouldn’t be surprised if there are stupid interpretations of clearly written laws.
Posted by G The Tiger Fan
Member since Apr 2015
115635 posts
Posted on 5/10/20 at 1:59 pm to
quote:

Again, the police report. The accused ADMIT TO IT.
You got a copy of this report you can link to?
Posted by davyjones
NELA
Member since Feb 2019
35053 posts
Posted on 5/10/20 at 2:00 pm to
The law on assault sheds light on this subject. Assault is defined as placing another in reasonable fear or apprehension of receiving a violent injury. Reasonable fear or apprehension, not overt or unquestionable fear or apprehension.

Just the gun in hand and overt movement toward the victim and overt addressing the victim is reasonable apprehension of receiving violent injury.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78156 posts
Posted on 5/10/20 at 2:02 pm to
The police report is out. You can read what they told police. Either they undersold their position or they didn’t have grounds for a citizen’s arrest.
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 2:03 pm to
quote:

The law on assault sheds light on this subject. Assault is defined as placing another in reasonable fear or apprehension of receiving a violent injury. Reasonable fear or apprehension, not overt or unquestionable fear or apprehension.

Just the gun in hand and overt movement toward the victim and overt addressing the victim is reasonable apprehension of receiving violent injury


Which is always going to be the case in a citizens or officers arrest. You can’t attack a cop who is legally arresting you and you can’t attack a citizen who is doing the same. That’s why this is messy.
Posted by rrboy
USA
Member since Jan 2005
5477 posts
Posted on 5/10/20 at 2:03 pm to
When I first heard about this the other day I thought those two were going to jail for murder. Then when I found out the guy wasn’t jogging and he was a burglar who brought a handgun to high school I thought maybe they would get just manslaughter. After watching that video I think they’re going to be innocent.
Posted by davyjones
NELA
Member since Feb 2019
35053 posts
Posted on 5/10/20 at 2:04 pm to
*Who is legally arresting you, correct.
Posted by Azkiger
Member since Nov 2016
26893 posts
Posted on 5/10/20 at 2:04 pm to
quote:

You typing it in all caps doesn't make it any more true, baw.




You think the shotgun was hidden, and he whipped it out the second Ahmaud rounded the corner of the truck?
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 2:06 pm to
quote:

I wouldn’t be surprised if there are stupid interpretations of clearly written laws.
Citizen's arrest laws are clearly NOT written to permit armed vigilantes to take the law into their own hands.
Posted by the808bass
The Lou
Member since Oct 2012
125036 posts
Posted on 5/10/20 at 2:06 pm to
quote:

You can’t attack a cop who is legally arresting you and you can’t attack a citizen who is doing the same. That’s why this is messy.


There’s a female in Georgia charged with murder for a killing a guy who attacked her while she was attempting a “legal” citizens arrest.
Posted by G The Tiger Fan
Member since Apr 2015
115635 posts
Posted on 5/10/20 at 2:06 pm to
quote:

You think the shotgun was hidden
Where did I say that?
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 2:06 pm to
quote:


The police report is out. You can read what they told police. Either they undersold their position or they didn’t have grounds for a citizen’s arrest


In a mere 24 hours this went from a lynching of a black man the mcmichaels didn’t know who was enjoying his fitness regiment simply because he dared to be black near rednecks to the guy had just got busted trespassing in a construction site and they knew him from prior run ins.

Let’s give it another day and see where we are.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 5/10/20 at 2:07 pm to
quote:

You can’t attack a cop who is legally arresting you and you can’t attack a citizen who is doing the same.


This is incorrect, extensive court precedent has established that if the suspect doesn’t comply with a citizens arrest there is really no recourse to detain them in which you are legally protected. People attempting to use force, even after being attacked, have been charged with everything from kidnapping to battery to murder. Even if the suspect was guilty and found guilty you can be held liable for damages in civil court, as a clerk in Washington was last year.
This post was edited on 5/10/20 at 2:08 pm
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