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....
Dead men tell no tales.
Bump
I've never seen mention of the night before the incident. I simply saw this.
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.
1) Citizen’s Arrest-—I have read the GA statute on citizens arrest and case law. In GA, it appears that one can be arrested by a private citizen for EITHER a misdemeanor or a felony if the citizen actually witnesses the crime or if it occurred “within their knowledge.” There are multiple cases in GA that involve MISDEMEANOR citizen arrests. So the standard is whether the McMichaels had probable cause that ANY crime had been committed “within their knowledge.”
2) Did a citizen’s arrest even occur? To be an arrest, a person must SUBMIT to a show of authority. There was no “arrest” in this case. In GA, it is legal to carry a shotgun down the street. There are many facts that need to be known (the video is unclear if the younger McMichael pointed the gun at any time). BTW, it is SILLY to claim that one must SEE the crime in order to arrest. The police, who are bound by the same standard as citizens for most cases, virtually never see the crime because they arrive after the fact. This is a case by case basis, but if one is told of a crime that is in the process of being committed or was just committed, that is enough.
3) Probable Cause. In GA, PC to arrest is the same standard for police as it is for citizens. PC is a very slight standard. In this case, there is overwhelming PC that Arbery was committing a crime within the knowledge of McMichael. The dad told the cops that he was “in his yard” when he observed Arbery “hauling ass”, and he told 911 that he saw the suspect with his own eyes. The McMichaels live 50 yards away or less. 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; it was a Sunday when construction workers wouldn’t be on site; Arbery SPRINTED from the property. When McMichael shouted “stop” while in his yard, Arbery kept running. Any judge would find a strong presumption that a stranger who bolts out the door of a previously burgled home was up to no good. At a minimum, he was trespassing, but there was almost certainly PC to believe he was stealing stuff (or attempting to steal). Finally, PC does NOT mean that a crime had to ACTUALLY have been committed. For example, my neighbor wakes me up and claims she was raped by a guy who just ran up the street. I chase him down and arrest him as a citizen. The rape complaint, however, was a phony complaint. Did I commit a crime? NO. I had PC.
4) Jurys do NOT like to be lied to, and southern juries don’t like to be insulted by New York/DC media. It is obvious that Arbery was not a “jogger.” He is scene now in multiple videos wearing sagging pants, a belt, a shirt that you would wear to the mall, etc. I have dealt with hundreds of black male clients and have coached hundreds of black male athletes—black guys do NOT jog, unless they work for Fortune 500 companies. And black guys (and white guys) in rural areas ALMOST NEVER jog. There was probably a higher chance of Arbery being a ballet dancer than a runner. The locals know this, and they know that Arbery’s legal team have stirred up unnecessary racial strife. Glynn County, GA is 75/25 white/black, which means the jury pool will likely be 85/15, so this case may be heard by an all-white or nearly all-white jury. These folks are PISSED right now. They can relate to the McMichaels. I always try to “know my jury.” Trust me, when the national media is calling him a “jogger” while everyone at the local diner in Brunswick knows that he and his family are dog shit.... and they are calling these defendants “racists” “white supremacists,” and guys “hunting down a black jogger.” I would bet on the DEFENSE if I were in Vegas.
5) As is typical, everyone posts comments that are typically “in theory.” Let me tell you the reality—the first outside DA cleared these guys, a fact that will be ADMISSIBLE in court. Trust me, if the defense attorneys have any brains, they will say: “Gosh, the local DA said they are innocent, but the slick suits from Atlanta, who came down here to stop a riot, in a matter of an hour determined they were guilty.”
6) Finally, I don’t think the younger McMichael committed a crime, because Arbery ran 14 feet straight at him and grabbed the shotgun before it was fired. However, I could see how a good-faith prosecutor could—with a straight face—charge him with murder. It’s weak, but not a crazy charge. But the Dad? WTF. He didn’t draw his pistol until shots had went off. This is a fact that will convince the jury that these guys are being railroaded.
7) If one more person posts “the wannabe cops shouldn’t have went after Abery” I’m going to puke. The issue isn’t whether what they did is what you would have done. The issue is: Did they break the law. Answer: No, they didnt’ Please feel free to ask questions. I’m trying to be helpful.
Exactly right.
Where are the high top sneakers/ boots you say he was wearing?
Many folks here will be trying to suck that "fact" back from their orifice that produced it.
In most states you can’t use deadly force to arrest someone for the misdemeanor of trespassing.
Need a straw?
As a Georgian, I’m offended that you are trying so hard to rationalize prejudicial behavior that led to the murder of human being.
Oh does Georgia let folks use deadly force to arrest for a misdemeanor?
“Lawyer or not,”
Lol.
If anyone believes old egg+Bert is a lawyer I have a bridge in Brooklyn to sell them.
Oh, the fuzzy, pixelated screen capture? Meaningless.
Watch the video of him at the construction site. He’s wearing low athletic shoes.
And, it’s irrelevant anyway.
“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.”
Speak for yourself, bigot.
There is no indication that the deceased said anything. The McMichaels pretty much called out for him to stop that they wanted to talk to him.
Unless anything else surfaces to the contrary, this is exactly correct.
Lol, that’s a separate incident from his jogging workout.
I'm appalled at the number of people buying the race-baiting MSM's pap.
“He’s wearing low athletic shoes.”
I strongly suggest that before you go for a run or step out of your house for any reason, that you consult the FR Fashion Police prior to your departure.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.