Facts & Myths about Arbery Case

Vanity | May 10, 2020 | Bort

[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....

[Bubba Ho-Tep]

The home under construction had been burgled several times; Arbery was recognized as the prior burglar by McMichael,who had scene Arbery on his street and on video

Do we have any police report filed on this? All I've seen is the one the shooter filed saying that a gun had been stolen from a truck he left unlocked in broad daylight, and a neighbor saying that he had some fishing gear stolen but didn't file a report.

[DoodleDawg]

Oh you really are clueless aren’t you? Police scanner?

How else would they have found out about it?

What on the police scanner did they hear that made them pursue the thug?

The result of the 911 call someone made claiming someone was poking around the construction site. As I said, how else would they have found out about it?

[jacknhoo]

“ We have dozens of “citizen lawyers” on Free Republic who are posting insane, inane, wrong, and crazy “facts,” “law,” and conclusions.”

Dang, that little statement of truth certainly posed a challenge to every single one of them, judging by the comments.

Hopefully the jury will be better able to put their prides and foregone conclusions aside and listen to the case presented rather than the one the imagine.

[wardaddy]

Plus one

[Doctor Freeze]

Wrong again. Born and raised in the Great state of Georgia. Are you tired of losing yet?

[moehoward]

“ Both sides may have the law on their side. Both sides may have violated the law.”

Yep.

Was it ‘reasonable’ to suspect a crime was in process? Sure.
Was the victims response ‘reasonable’ ? Not sure.

It might all boil down to if the outcome was foreseeable and how much they contributed to that outcome.

[Responsibility2nd]

Did they guy simply walk up to him with a gun, without any reason.

Who are you talking about? What are you talking about? See, part of your problem here in calmly assessing the facts is that you are not thinking straight. Certainly not typing coherently.

I asked you before if you thought this was a morally justified killing.

And now you are trying for a moral angle? Some punk wants to Trayvon them? And as a result he ends up dead?

That's as moral as it gets.

 

[wardaddy]

You talk a lot of prejudicial rhetoric about southerners as racist hicks from bucolic but cultural Marxist Vermont

You try living in an area where people of any color rob you repeatedly

I have a huge drug and alcohol addict camp behind one of my businesses

They prey on me ...car wash

Wal Mart

Lowes

Three strip malls

Jiffy lube

Jim and Nicks BBQ

ITS LIKE WALKING DEAD at night with addicts roaming around

I’ve removed vending and my vacs in the back

The police would help but politicians who think like you and doctor freeze excuse them same as you guys excuse home robber dead man as a jogger working on his divinity degree

And you’d call them homeless when in fact they are drug addict or crazy or drunk campers living outside for free so more money to get high

This property is worth two million on the market and I pay 1500 a month in property tax but get no help

And guess what all these junkies stealing from me are white and from everywhere and are hardly homeless

They have phones and some even have cars....family sends money

My son has had to threaten with his CCW when they encroach foolishly at nite

That is exactly what folks in this suburban Brunswick neighborhood are dealing with when goblins from 80% black Brunswick proper come out to raid

And don’t grab the business end of a shotgun pointed at you meant to hold you for the police on the way

Young black criminals frequently do illogical things

That is what makes them so dangerous and easy to rouse into violence

I’ve dealt with this all my life given where I’m from and when I grew up and national statistics bear me out

Now I’m dealing with white scum which I hope gives you racial angels some sense of satisfaction lol

Let someone victimize you or your property over and over and let’s see how you react

In Vermont even on the mean streets of Rutland ..lol...not likely

[9YearLurker]

Thanks for posting. Informative perspective.

[jeffersondem]

“You were the one talking about Red States. Do you even read what you write?”

I posted about Red States in a straightforward manner.

Your post about “Even in Red States” was pejorative.

Or will you deny that too?

[wardaddy]

You’re a liar, no offense

You can claim anything here...and believe me people do....especially south bashers ....they get caught making up stuff about who they are all the time and posting buff pics and hit chicks when really they are a fat worm in moms basement

Your prejudice against those two men gives away you’re likely not from here

Sorry

Btw This is not a competition here you’re simply misguided And uninformed and out of place on Free Republic

You rode the blue dress here and have found yourself isolated now I suppose

Swinging your race virtue axe pell mell

The one good thing about issues like your dear jogger is we will find out where this lands eventually

It’ll come down to venue

And jury pool

Prosecutors especially when politically motivated always over charge

We shall see

[CarolinaReaganFan]

I’ve also read that the last time Arbery demonstrated his passion was when was seen avidly jogging through a High School parking lot with police in hot pursuit - this after a .38 just happened to innocently fall out of his pants as he was trying to enter a HS bb game with it.... Will this be allowed as an admissible prior arrest (assuming it’s true and since some places allow priors if it’s demonstrating a pattern of behavior)

[2aProtectsTheRest]

There is no law in Georgia prohibiting carrying firearms in a bank. An individual bank may have policies against it, but they would have to provide prior notice and can only ask the person to leave. This is all spelled out in the Official Code of Georgia Annotated § 16-11-127.

So my premise is fine. And yet still, neither of us have all the facts of this particular case. It needs to go to a trial so the facts can be established and the law can be applied. If the state can’t prove beyond a reasonable doubt that these guys did something illegal, they should absolutely go free. If they did, in fact, do something illegal and the state can prove it, they should face punishment.

[DrewsMum]

So you think they heard it on a scanner and that makes more sense than them actually watching the dude flee the scene as another neighbor ACROSS THE STREET FROM THEM stands in the street and calls 911?

You don’t think standing in their yard they would’ve witnessed it themselves?

Heck of way for mcmichaels OWN 911 call to actually match up with time stamped surveillance of when the dude actually took off running.

They got it from a police scanner is your well thought logical conclusion?
Do you need instructions on how to work velcro too?

[DoodleDawg]

So you think they heard it on a scanner and that makes more sense than them actually watching the dude flee the scene as another neighbor ACROSS THE STREET FROM THEM stands in the street and calls 911?

More sense than saying they saw Arbrey flee the scene when they didn't tell the police they saw Arbrey flee the scene.

Heck of way for mcmichaels OWN 911 call to actually match up with time stamped surveillance of when the dude actually took off running.

The McMichaels call was several minutes after the call about the trespasser.

Do you need instructions on how to work velcro too?

Why? Are you looking for some help with that?

[Bonemaker]

VT LT is a PIA. He acts like he was either an eye witness or else has devined the facts and his analysis is Mark Levine flawless. An agent provocateur ...ignore.

[JAKraig]

Lawyer or not, nothing happened that justified running this guy down.

Call the cops. Take a video. Follow the guy. The cops would find him.

He was not posing a threat to anyone. He certainly was not posing a threat to anyone’s life.

The use of force in this case is not warranted in any “reasonable man” theory.

We are dancing around the entire issue here. These were two rednecks that did not like the black guy in their neighborhood. It got out of hand.

What they did was wrong. I wish I could be on the jury. None of your legal issues matter.

___________________________________________________

I don’t call people idiots on the Free Republic because it is rude to do so and I think this is the best site on the web but you sure make it difficult.

If someone runs 14 feet and grabs your gun what are you going to do?

If you see someone stealing from a neighbors house you will ignore it? You must be from the city. You see, in the rural areas of our country the cops can’t possibly catch bad guys in the act after being called, I’m sure you’ve heard the phrase, “when seconds count the cops are only minutes away”, it is a very true statement. Good neighbors look out for each other. You likely are not a good neighbor. When stuff is stolen it is simply gone, you are never likely to recover it. Your hard earned money gone to some worthless thief.

I would not be one who would say the thief deserved a death sentence but the thief attacked another man and tried to steal his weapon, what the thief would have done with the weapon is anybody’s guess, but my guess is that he might have used it and to me that makes it a justifiable shoot.

Do I feel sorry for the dead guy? Well, I’m trying but just can’t seem to get there. Who knows what he would have done in the future when he might have acquired a gun.

[DrewsMum]

I stand corrected on the bank issue.
My bad.

[ifinnegan]

Wasn’t a felony.

Grasping at straws.

[fwdude]

Whatever anyone’s position on this incident, here’s something to consider.

Claimed statements of ‘fact’ which are not publicly rebutted usually win the day. The ‘victims’ in this case, the black community, are in the convenient position of stating any number of ‘facts’ about the case which condemn the actors, whether true, false, or exaggerated. They can do this with no consequences. The two defendants do not have this luxury, having to defer to their lawyers who will tell them to be quiet, that any facts and statements will need to be vetted in a court proceeding to be actionable. So, the defendants are silenced, while a victim group has carte blanche to spout every and any possible fact that appears convenient. They can even outright lie and the defendants cannot rebut it. This creates the appearance of established guilt.

It turns out that Arbery isn’t the pure-as-the-wind-driven-snow angel that his community is making him out to be. His petty crime record is extensive. His Travon Martin sainthood may have to be delayed when the facts come out.