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 "Well, I'll be darned Barney, that shore do look like a witness." |
He posted a podcast covering the legal aspects of the Ahmaud Arbery killing. It's 9 minutes long and worth listening to, because Georgia has some peculiarities in GA law.
Citizen's arrest: only legal if you WITNESSED the crime taking place. Otherwise, it is illegal in GA for a private citizen to pursue and detain a person they only suspect of committing a crime. This is bad news for the McMichaels, as their defense seems to be they were making a citizen's arrest, which won't be a valid defense in GA.
GA has no 1st degree, 2nd degree murder. What it has is:
Murder: illegal killing; must be premeditated; requires a plan & action.
Felony Murder: illegal killing committed while in the act of another crime; does not have to be premeditated; even if you didn't pull the trigger, you can be charged with this (two guys rob a store, one guy pulls a gun and shoots the cashier, they can both be charged with felony murder). Any death, even an accidental one, can be a felony murder if it occurs during the commission of a crime.
Manslaughter: illegal killing; does not require premeditation.
He thinks they have been overcharged, because while the killing seems to be illegal, it does not seem to have been premeditated. Thus, he thinks they may get off.
Who shot Boo?
“...he thinks they may get off.”
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If by “get off” he means found to be NOT GUILTY because it was self defense, he would be right.
I miss Boortz and his sarcastic banter but do NOT miss his support for abortion.
I thought they still needed a grand jury for the charges?
Everybody’s ignoring a fact that the killer already knew this guy. So it probably was premeditated.
It could be self-defense even if those two had an illegal roadblock. On the other hand, had the running man gotten the shotgun and killed the road-blocker, that also would be self-defense.
“Felony Murder: illegal killing committed while in the act of another crime;”
Incomplete:
16-5-1. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
That’s been my take on some of these threads where people believe it’s entirely a premeditated killing, if you overcharge the shooters can walk because they don’t appear to meet the definition of the charge.
A couple of questions.
1. Who owns the house that was under construction?
2. Did the trespasser go through the house and have equipment piled up to pick up later that night?
3. Using the jogger’s phone, did he ever run this path before?
How over charged?
They’ve been charged with felony murder
At least in this situation it doesn't appear that racism was the motive.
With due respect to Neal Boortz, he doesn’t know his ass from a hole in the ground. You don’t have to ACTUALLY SEE a felony to make a citizen arrest. If that was the standard for probable cause, the cops couldn’t make arrests in 90% of cases because they didn’t see the, for instance, back robbery. You can either see a felony or it is within your knowledge.
• “Jogging” in boots
• Carrying a hammer, before he dropped it in the road
• 87 miles from his home
• Observed by the father & son illegally entering through the rear of a home under construction adjacent to the father’s, and exiting out of the front door
• Prior criminal history for illegal possession of a firearm, obstruction of law enforcement, and shoplifting. Ironically, the father, a retired cop, was on the DA’s staff when the “jogger” was investigated on the firearms charge. Brought a .38 pistol to basketball game and was spotted. Gun fell out of his waistband as he ran away. Cornered and captured by the cops.
• The “jogger’s” older brother has been in prison, and currently is in jail awaiting felony prosecution. He has a cousin who also is in trouble with the law.
Don’t let the picture of the perp smiling in his tuxedo fool you. He was up to no good. And there’s no video at this point how the shooting went down. The “jogger” did grab the barrel of the shotgun. Report is the first shots occurred in that struggle and did not hit the “jogger.” Conceivably could have been a matter of justifiable self defense, such as in the Michael Powell and Trayvon Martin shootings.
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"Well, I'll be darned Barney, that shore do look like a witness." |
I saw the video. I might not elect the wisest course of action when someone waves a shotgun in my face. The perps need to serve time for this.