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....
Did McMichael actually witness this guy committing a crime? That’s not something I’ve seen clearly established in these reports I’ve read.
The main police report reference 4 “linked” prior incidents, two of which occurred in December of 2019. The media conveniently left out these incidents. Also, apparently many of the prior thefts happened with unlocked cars. The neighbors didn’t report the thefts.
“None of your legal issues matter.”
The law doesn’t matter.
Sorry friend, but you are prejudiced.
The lawyers for both sides would prolly agree during voir dire to show you the door.
I have no idea. It’s a hypothetical that didn’t happen and there is no video of the hypothetical event to make comments on.
Why not stick to what happened and the video which supports the event and apparently also supports what the neighbors said happened?
>>Call the cops. Take a video. Follow the guy.
They did all 3.
Some are saying that the second 2 are illegal.
>>These were two rednecks that did not like the black guy in their neighborhood.
Anything to back that up? Prior incidents? Tweets/social media posts? Comments on tape? Witnesses who say these 2 are known racists?
If a lawyer wrote this mishmash of jargon, he should find another profession. I’d have fired him on the spot.
I read somewhere that Greg McMichael saw Arbery exit the house, running, as did another neighbor.
Your facts are incorrect. According to the McMichaels, Arbery was NOT chased by them. In fact, by the time they retrieved their guns and got in their truck, he was long gone. The problem for Arbery was that the dumbass apparently didn’t realized that the neighborhood was surrounded by water. The defendants spotted Arbery running on a different street and the drove to cut him off at the pass, i.e., at the only exit from this subdivision. The cameraman was obviously driving slowly behind him, but the McMichaels did not “chase” him. You should read the publicly available police report.
Leeeme ask you a question. Were any words exchanged between these players, the neighbors and the decedent? Any brief conversation etc?
This is from the original post on this thread. There’s a conspicuous difference between seeing someone “hauling ass” and seeing someone “burglarizing a house.”
Please post any information you have that gives any indication that McMichael witnessed an actual crime.
#1: There is the text of the law, and case law as how the text is interpret. "Within their knowledge" has to have some standard under case law. Did the McMasters actions fit both the text and interpretation of the law?
#2: I can't comment on this.
#3: There was probably cause: This is the big issue here. The McMichaels have said there were burglaries in the area, and claim to have seen video, except there were no reported burglaries for two months in the area and that video has not been presented. For now, we have only their word burglaries happened. Even if there were at some time in the past, that is not much reason to believe that seeing any specific person jogging or running or "hauling ass" down the street committed them.
I don't there was much reason to get guns here. Why not get a cellphone, follow, and call the police instead? Even if their actions were legal, they put themselves at risk of a wrongful death suit even if cleared of criminal charges. When it comes to civilians and lethal force, avoiding it is best. Civil suits are preponderance of evidence standard, and the the McMasters's actions make harder for them in a civil case.
#4: Good points.
#5: Good points.
#6: Arbery had legal rights too, people are forgetting that. If he was minding his own business and thought two people chasing him down in a truck wanted to put him in hospital or the morgue, and the driver pulled a shotgun as he was getting out of the truck, he had the right of self defense.
#7: "...I'm going to puke". On threads that get on my nerves I hear you.
I did not know you could do a citizen's arrest for a misdemeanor in Georgia; that is very helpful.
It is also clear that the first shot occurred while the younger McMichael and Arbery were screened from the camera by the truck.
I did not see any indication the shotgun was ever pointed at Arbery before he charged at McMichael; he rounded the corner of the truck while running.
It appeared to me that the younger McMichael was screened from seeing Arbery by the truck until just before Arbery rounded the corner.
Therefore, the chance of McMichael pointing the shotgun at Arbery before Arbery charged at him would have a very narrow window, probably less than a half a second.
Forensic evidence of the video might show something. It seems unlikely.
Thank you for clarifying that no arrest took place. It is a point I have been making.
Correction: American born black guys rarely run distance. It’s not their thing. Black comedians make fun of the fact that blacks are not runners. It is comical to think that a downscale, black male, former football player in the South would be a 5K guy. Southern men in rural/small towns rarely run distance. Football and basketball, yes. Hockey and marathons, no.
I don’t have any information on this case. Just what I read and the video I see on the Interweb. If you need information, look it up yourself.
>> I can’t tell what the younger McMichael was doing with the shotgun. Would make a difference if he pointed it at the suspect.
If the intent always was to shoot him dead, why the hesitation to shoot as the suspect ran up around the truck? It wouldn’t have been a legal shoot him just for charging but everybody is speculating it was always the intent.
The first shot is fired as they are already in a scuffle in front of the truck).
They continue to wrestle awhile before they move to the left of the truck and a second shot is fired. And they continue to wrestle until the third deadly shot is fired.
If two men were armed with the intent at the outset to kill, why so much hesitation? I fail to see it was the full intent.
Leeeme ask you a question. Were any words exchanged between these players, the neighbors and the decedent? Any brief conversation etc?
I heard that the guy had Coronavirus.
How come I have to repeat my questions to you?
Point well-taken. What I was trying to state was that our personal feelings are irrelevant. The law controls. Yet we have people constantly nit-picking decisions that these guys made.
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