Replies

You’re saying the shooter saw the decedent prowling at the construction site and knew that he didn’t belong there, yes?

I am saying the McMichaels observed the subject look about, go to the structure and enter it, remain outside awhile, while someone called 911 (not the McMichaels) and took video, and the McMichaels observed the subject take off running down the street in street clothes.

It was private property, it was not Arbery's property, and he did not belong in the structure that was not his. Apparently, the 911 caller found it suspicious.

The McMichaels lived there. Arbery was not a neighbor.

And I posed a question, "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?"

The statute phrasing does not require knowledge of a theft, or that a theft occurred. It only requires reasonable and probable grounds of suspicion.

On the high def indoor surveillance video, it is apparent that the subject was not drenched in sweat from running, so it would appear his jog or run began upon exit from the structure.

I did not say, but as the elder McMichael was an investigator for the DA for the previous 30 years, he may well have known of the subject's criminal record, including for unlawful concealed carry of a handgun at a local high school basketball game.

Whether all of that provides reasonable and probable grounds for suspicion, opinions may vary.

If reasonable and probable grounds for suspicion are found, then more statues apply.

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-23.1. No duty to retreat prior to use of force in self-defense
Universal Citation: GA Code § 16-3-23.1 (2018)
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

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2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-24.2. Immunity from prosecution; exception
Universal Citation: GA Code § 16-3-24.2 (2018)
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title.