As far as the video of Arbery entering the house, I don’t see anything there. Perhaps that’s technically trespassing, I don’t know.The most important thing on the videos is when Arbery charged at the guy with the shotgun.
No, the two videos of the entry into the unfinished structure are important to determining if the McMichaels had lawful cause to pursue and arrest Arbery.
I should think the primary legal question to be answered is did the McMichaels, prior to giving chase, have reasonable and probable grounds of suspicion that Aubery, without authority, and with the intent to commit theft therein, enter or remain within a vacant building or structure? Arbery need not have committed the crime, but the McMichaels needed reasonable and probable suspicion that he did.
Phrased differently, did the McMichaels, prior to giving chase, have reasonable and probable grounds of suspicion that Aubery had committed the felony of second degree burglary under GA Code § 16-7-1(c)?
The elder McMichael was an investigator for about 30 years, working for the Brunswick Judicial Circuit District Attorney’s Office. Prior to that he was a police officer for about 7 years, working for the Glynn County police.
2018 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 4 - Arrest by Private Persons
§ 17-4-60. Grounds for arrest Universal Citation: GA Code § 17-4-60 (2018)A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
Were there reasonable and probable grounds of suspicion of the felony of second degree burglary? Felony second degree burglary does not require a taking, but requires an intent to commit theft.
2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 7 - Damage to and Intrusion Upon Property
Article 1 - Burglary
§ 16-7-1. Burglary
Universal Citation: GA Code § 16-7-1 (2018)(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
Were there reasonable and probable grounds to suspect second degree burglary, a felony?
You’re saying the shooter saw the decedent prowling at the construction site and knew that he didn’t belong there, yes?
I’m not sure where the story developed that the McMichaels were intending to “arrest” Arbery. Based on other reports, it’s likely they were going to talk to him about the recent break-ins, but thought that he might be armed and brought guns for their defense. If they had intended to shoot him, why would they have ever allowed him to get within an arms reach of the shotgun? It seems to me that Arbery was the one who escalated the situation and the McMichaels were caught by surprise at the agression.
Thanks for that analysis. I meant that if entering the house and looking around was all that transpired it wouldn’t be much of a crime.
Your analysis that it helps to establish that the McMichaels had probably cause of suspicion about Arbery and the thefts agrees with another Freeper who posted:
http://www.freerepublic.com/focus/f-chat/3843625/posts
You always bring the well researched quality.
Being that he left with nothing, I would say no. I don’t buy he was an innocent jogger, but those 2 guys chased him down, 1 had the shotgun drawn; they caused this death. They weren’t defending their property. They chased him down.