Posted on 05/10/2020 6:06:59 PM PDT by bort
I am a veteran criminal law attorney who has tried more than 300 criminal jury trials, handled thousands of other criminal cases, racially-divisive cases, etc. We have dozens of "citizen lawyers" on Free Republic who are posting insane, inane, wrong, and crazy "facts," "law," and conclusions. I have studied this case inside and out. Let me give you some insight, and feel free to post some questions....
“American born black guys rarely run distance. It’s not their thing.”
As seasoned criminal law attorney, would you cite that observation in your opening of closing statement?
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Lol.
This guy has been making funny comments he thinks are good points on this for days.
Today he decides to do a vanity proclaiming himself “a veteran criminal attorney”.
On the other hand, the victim behaved as a reasonable man might. Regardless of any alleged criminal acts before he got chased down, a reasonable man just might try to disarm some nut who was advancing on him with a shotgun. It’s a fear-for-your-life kind of thing
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Hold on partner. You have your facts completely backwards. It was the jogger who advanced on the shotgun guy. It was the jogger who took aggressive action on the shotgun guy. It was the jogger who took a swing at the shotgun guys head. It was the jogger who grabbed the shotgun in a hostile aggressive fashion.
Fear for your life kind of thing? Yes, no doubt. It was the son who was in fear for his life from the jogger.
First, a citizens arrest can be made for a misdemeanor. I have read multiple cases from the Georgia appellate courts on that issue. The non-lawyers who are commenting are misreading the statute. Second, probable cause is a very slight standard. The McMichaels were aware that this particular house had been targeted on previous occasions. The strongest point for the McMichaels on the issue of probable cause is the fact that the deceased sprinted out of the home as fast as he could, once he was spotted by the neighbors. That certainly raises a presumption that he was in the house for criminal purposes. The elder McMichael also said he could identify the fleeing suspect as the guy who had committed prior crimes.
Next, the media reports are in accurate as to prior incidents. The police report references four prior police reports involving this neighborhood, two of which occurred in December. The media only researched police incidents that were reported since January 1. Secondly, the owner of the victimized house apparently has heart problems and lives in a different city. He told the media that’s why he did not report prior incidents. Further, the neighbors indicated that many of the thefts occurred out of unlocked cars. These types of crimes are often not reported to police Finally, the neighbor who dial 911 told the operator that the house has been the subject of previous burglaries.
Really? There have been multiple videos released by several sources, on both sides. Every commentary I’ve read concerning the shooting video describes him as wearing Timberlands. If he’s not, oh well. Like the other dude said, it’s irrelevant. He wasn’t jogging.
Make up your mind. So he didn't recognize him then.
“Some are saying that the second 2 are illegal.”
I don’t think those 2nd two are illegal. However, in Oklahoma, one of the the Southern states I’ve resided in, you can’t shoot him if he’s running away. I wouldn’t advise stopping in front of him and trying to stop him while armed, either. You do that to me, I’m liable to try to take your gun away from you, also. And If I do, I’ll probably use it against you. ALL they had to do to keep me from thinking they’re guilty of murder was keep tracking him until the cops caught up and let them deal with him. Not try to stop him, not try to arrest him. Video, and follow, and keep videoing. And call the cops and tell them where he stopped, if he stops.
That is all it would have taken.
Good luck with the federal investigation!!! Trust me, the COPS are on the defendants ‘ side. They know this is a railroad job. The politicians are pushing this prosecution.
I see you’re changing your tune. First he was wearing boots, now you’re not so sure. He was committing a felony, now it’s a misdemeanor. You’re about as much a lawyer as I’m a brain surgeon. Hint, hint, I’m not.
I believe someone above posted that link to the HTML Guide (HTML sandbox) from right here on FreeRepublic.
The day he was shot it was daylight. THEN is when McMichaels would clearly see him. Not at night
You have a great evening. And stop running in circles.
Yes. You would be surprised how many times thieves go back to the same houses, stores, etc. The DA referred to Arbery’s mental health issues. That is basically a polite way of saying he is a drug user. Drug users make stupid decisions. So, yes, it does not surprise me that he would come back and repeatedly victimize the same neighborhood. It probably also explains why he charged at the younger McMichael with the shotgun.
However, possessing a firearm and being attacked can be a reasonable resort to use that firearm in lethal self-defense.
Not sure how GA law puts it, but use of force is justified provided you are not the aggressor during that specific instance if behavior.
From my viewing of the video, it sure appears that the junior McGrath was armed, and Arbery assaulted him. I didn’tnot see nor hear anything that led me to think that they were threatening him with lethal force.
Since it is legal to be in possession of a firearm openly, it is legal to attempt an arrest and it is legal to defend oneself from an attempt of disarmament (leading one to be in fear for their life if infact disarmed) it is therefore reasonable to use force, lethal force if need be, to stop the attack.
Simply to convict the guy of murder because he shot the other guy is unreasonable. As in all crime, elements must be met in order to get to that point.
Well he live in midtown. ;^)
You are obviously not particularly bright. Do you think I work for the gas company? My post was designed to educate a lot of amateur lawyers who have been posting silly points and misleading many. Please test my legal knowledge if you doubt that I am an attorney. Ask me any question you would like.
Didn’t the local police want to charge the McMichaels but hte DA nixed it?
“Glynn County Commissioner Dr. J. Peter Murphy told 11Alive News, Friday evening, that the office of Brunswick District Attorney Jackie Johnson instructed Glynn County police on the day of the shooting to stand down.
“After a long discussion, back and forth (between the DA’s office and police investigators), you know, about whether the McMichaels were a flight risk or not a flight risk, the decision was made—they were told not to press charges, not to make arrests,” Murphy said, despite what the video shows.”
“The family, the community and the state of Georgia deserve answers, and we will work with others in law enforcement at the state and federal level to find those answers.”
The Georgia Attorney General - Chris Carr - says he needs federal help to find out what happened in his state?
If the Attorney General doesn’t think he and his staff are capable of investigating a possible murder, he needs to resign and let someone else run the shop. There is no shortage of ambitious lawyers.
It looks to me Carr has already figured out this case is a hot potato and he would like to pass it off to someone else up the country. He has ordered two arrests but is having second thoughts about how to get a conviction.
You are confusing me with somebody else. I never said that he was wearing boots. In fact, I am highly skeptical that he was wearing boots. I am, however, 100% certain that he was wearing cargo pants, a leather belt, and his pants were sagging in the back. He was not dressed like a runner. He was dressed like every black guy that’s ever been in my office over the last 30 years.
Yes, I am an attorney. Please ask me any legal question you would like.
Okay, let’s suppose you are walking down a street. Maybe you just stole an apple from some apple stand. But then again, maybe you didn’t. Then some guy - not a cop - pulls up to you with a shotgun.
I’m an old guy. I know what I would do. I would freeze, and then I would assess the situation.
But if I were 20, I would probably would behave differently. I’d probably panic, and try to get shotgun guy before shotgun guy got me.
Bottom line: Don’t go chasing down the street after folks with a shotgun. You are not a cop. Call the real cops.
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