If Arbery was armed (legally) and had killed one or both of these guys when they accosted him on the street, would that be a legitimate case of self defense?
No offense, but I’m presuming these two guys are guilty as hell simply because the father was a former investigator for the prosecutor’s office. I trust law enforcement officers even less than I trust burglary suspects these days.
Good question, and it largely turns on some facts we don’t know. I can’t tell what the younger McMichael was doing with the shotgun. Would make a difference if he pointed it at the suspect. Two principles are at issue:
1) A citizen’s arrest, if properly predicated, must be done with reasonable force. So, if I try to arrest someone who is egging my house, I can’t point a gun at him. If I think he was breaking into my car, more force could be used.
2) If an arrest is UNLAWFUL, Arbery could use force to resist the arrest. His use of force must be reasonable as well. The same standards as #1 would apply.