Facts & Myths about Arbery Case

So he just randomly chose that neighborhood to jog in that was 12 miles from his house? On a road that doesn’t seem to have any sidewalks and is barely wide enough for two cars?

Of course they assume he’s armed? Wouldn’t you? Why wouldn’t they stick to a story that’s obviously by all measures of common sense, the truth?

Ok so CARR ordered the arrests?

That explains so much if he did.

I was suspicious about his comments on this vase right out of the gate and so I looked him up.

And far as I can tell, he was never a criminal attorney. (Please correct if I’m wrong)
And so if he ordered the arrests as opposed to to Durman, it makes so much more sense.

And is EXACTLY why i think state AG’s should always have a criminal law background.

I dunno. Depends on your definition of redneck I guess. My brothers and nephews are and they did exactly what they'd do. Where I'm from you have rednecks and you have white trash and there is a distinct difference. Lol. Rednecks are the good guys you want for neighbors. Their fondness for tannerite not withstanding. 🤪

Your premise is way off. Weapons are not allowed in banks.

So you’re trying to make a comparison to 2 very different things

.Wait.

It was CLEAR he was killed by 2 armed men?
Well this is new.
Who else shot him besides travis mcmichael?

Never heard of bullet points?

Hmmm

It’s quite helpful to readers who are trying to piece together FACTS.

BUT only works well for presenting actual facts. If you’re trying to twist into a pretzel to fit your narrative then big words with long drawn out wordy paragraphs better suit that.

I didn’t call him a redneck or a jogger, I was quoting the media’s perfect “narrative” that made me suspicious, i.e THEIR image of evil rednecks attacking an innocent, upstanding jogger.

“Hey moron...You are part of the problem and why prejudice and racism continues to exist in America.”

You are not going to like this, but Georgia is a red state. And, for the most part, they do not care how Bill de Blasio does it in New York City.

https://www.youtube.com/watch?v=5Q1cfjh6VfE

Who thinks they should do anything like NY?

Even in Red States, you are not allowed to gun down people in the streets...innocent or not.

“Who thinks they should do anything like NY?”

The people who vote in New York.

And the national media that makes their home in New York.

Start with that.

OK....why are you suggesting “I” want anything to do with NY?

I am confused.

He didnt get shot for his previous crimes. He got shot because he tried to take a man’s gun. Full stop.

In this case, there is overwhelming PC that Arbery was committing a crime within the knowledge of McMichael.

I should think the primary legal question to be answered is did the McMichaels, prior to giving chase, have reasonable and probable grounds of suspicion that Aubery, without authority, and with the intent to commit theft therein, enter or remain within a vacant building or structure?

Phrased differently, did the McMichaels, prior to giving chase, have reasonable and probable grounds of suspicion that Aubery had committed the felony of second degree burglary under GA Code § 16-7-1(c)?

The elder McMichael was an investigator for about 30 years, working for the Brunswick Judicial Circuit District Attorney’s Office. Prior to that he was a police officer for about 7 years, working for the Glynn County police.

https://law.justia.com/codes/georgia/2018/title-17/chapter-4/article-4/section-17-4-60/

2018 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 4 - Arrest by Private Persons
§ 17-4-60. Grounds for arrest Universal Citation: GA Code § 17-4-60 (2018)
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.

Were there reasonable and probable grounds of suspicion of the felony of second degree burglary? Felony second degree burglary does not require a taking, but requires an intent to commit theft.

https://law.justia.com/codes/georgia/2018/title-16/chapter-7/article-1/section-16-7-1/

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 7 - Damage to and Intrusion Upon Property
Article 1 - Burglary
§ 16-7-1. Burglary
Universal Citation: GA Code § 16-7-1 (2018)
(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.

Were there reasonable and probable grounds to suspect second degree buglary, a felony?

https://law.justia.com/codes/georgia/2018/title-17/chapter-4/article-4/section-17-4-60/

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

Was there reasonable and probable grounds to suspect criminal trespass, a misdemeanor? Misdemeanor criminal trespass does not require intent to commit theft; any unlawful purpose suffices.

https://law.justia.com/codes/georgia/2018/title-16/chapter-3/article-2/section-16-3-23.1/

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-23.1. No duty to retreat prior to use of force in self-defense
Universal Citation: GA Code § 16-3-23.1 (2018)
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

https://law.justia.com/codes/georgia/2018/title-16/chapter-3/article-2/section-16-3-21/

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse § 16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution
Universal Citation: GA Code § 16-3-21 (2018)

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:

(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.

https://law.justia.com/codes/georgia/2018/title-16/chapter-3/article-2/section-16-3-24.2/

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-24.2. Immunity from prosecution; exception
Universal Citation: GA Code § 16-3-24.2 (2018)
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title.

Yea Kemp talks a big game but even he bought the race hustler narrative here

“You still believe he was just “on a run”?”

I believe two people are sitting in jail charged with murder over the incident.

He got shot because of idiots. Full stop.

Follow the thread.

We are best off discussing his enumerated points rather than disqualify him because he didn't include WestLaw keys.

Why would I stick to the issues with folks that are using "blacks don't jog" as one of their points? It's fair to note that his screed is buffoonish.

And you added me to the distribution for this message because...?