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....
Were any words exchanged between these players, the neighbors and the decedent? Any brief conversation etc?
Dont repeat them. I may be unwittingly causing some confusion by posting similar comments to two different people on this thread.
4th time I’ve asked you this below. What’s the problem?
Were any words exchanged between these players, the neighbors and the decedent? Any brief conversation etc?
??
If you know of any such conversation, please post it here.
Too hard? Toughen up.
The home under construction had been burgled several times
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Can you cite the factual link for that, counselor?
The entire reason ‘they’ grabbed their weapons was because they recognized him from a prior night and thought he was armed. Yet, they failed to call the police to report a potentially armed and dangerous man roaming their neighborhood.
I HAVE NO IDEA.
Well that's odd, since up-thread ya stated, implied or suggested the decedent had no idea what the neighbors were tyring to stop him.
Your post at #16 Im Arbery, and two dudes in a pickup truck chase me down a street. How the hell am I supposed to know theyre arresting me instead of abducting and robbing me?
Which is it?
It is not simply what Arbery thought; it is what a reasonable person in his position and with his knowledge at the time would have thought.
As has been noted in this thread, the McMichaels did not chase him down. We do not know what he thought, because he is dead.
An equally tenable theory, to a jury, could be that Arbery was running because he had Mens Rea, or guilty mind.
There are lots of guns in Georgia. Arbery might have seen the shotgun before he rounded the corner of the truck. It is not at all clear whether he did or not.
The law is not always clearly on one side or the other.
Both sides may have the law on their side. Both sides may have violated the law. Given the facts as presented, it appears to me the McMichaels did not violate the law.
Sometimes, things happen by misadventure.
It is not hard to construct a case for the jury that the McMichaels are not guilty.
If your this perp who has been videoed trespassing and sprinting from a home under construction and running down the street away from where you were videoed trespassing and you charge at someone holding a shotgun and shouting at you to stop but you know you have just been trespassing on a street where burglaries have recently occurred ... but of course you left all of that out like the good little fool for media manipulation. Yeah, if you were Arbery.
Thanks for your honesty.
I agree with you. What little I know about the law I learned from Judge Wapner on the original Peoples Court. So I dont know a whole lot. But when a non-cop grabs a shotgun and goes chasing after some other guy down a public street, shotgun guy is recklessly escalating the situation.
I believe there is something in old English common law called the reasonable man theory. A person is innocent if he behaved as a reasonable man would. Shotgun guy did not behave a reasonable man would.
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. Its a fear-for-your-life kind of thing.
“American born black guys rarely run distance. Its not their thing.”
As seasoned criminal law attorney, would you cite that observation in your opening of closing statement?
I read it just fine. Makes good sense.
Oh, I see ... so if Im walking in the park tomorrow and a couple of armed guys come up and say theyre arresting me, Im supposed to just take their word for it? LOL.
Personally think you’re a lying buffoon.
Wow, you’re not only Perry Mason, but also an athletic coach. Your logic is flawed. You say they weren’t chasing him, then state they saw him on another street and went to cut him off. That sounds like chasing to me. Since you won’t answer questions on another thread, I’ll ask on this one.
Where are the high top sneakers/ boots you say he was wearing? What is the felony you keep saying he committed?
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