Posted on 05/12/2020 4:21:17 AM PDT by Kaslin
The case is currently on its fourth DA. The GBI was requested by Durden the third DA.
“Durden states he will present all evidence of case to grand jury and seek to charge the McMichaels.
Merrit, the Arbery families attorney, says there is no need to wait for a grand jury and the McMichaels should be arrested immediately.
Durden turns case over to the Georgia Bureau of Investigation.
May 7- GBI arrest the McMichaels.”
Gregory McMichaels is the retired police officer and the father of Terry McMichaels, the man with the shotgun.
William Bryan is the man that made the video. He lives in the neighborhood. It appears since he has lawyered up his story has changed.
I do not know if the case has been presented to a grand jury yet.
Not entirely true. This is what Georgia law states about citizens arrest.
OCGA17-4-60 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 .”
In his statement to police the day of the incident Gregory claimed to have seen surveillance footage of Arbery at the construction site. This must be referring to the video from Oct 19. So if Gregory was shown that video and it showed Arbery stealing enough material to constitute a felony then he would have “immediate knowledge” of a felony and it would have been perfectly legal for him to attempt to arrest Arbery. (Have seen no info if Terry saw the video or not.) (Also since Arbery was on probation just stealing from the site may be a felony).
“Was it Trespassing or was it Burglary?”
Georgia law states that burglary requires intent on committing an unlawful act. There’s no way to know what Arbery’s intent was that day and as he took nothing, the most he could be charged with is trespassing which is a misdemeanor in that state and that depends on if the owner of the house under construction wished to press charges.
If the owner of the house under construction didn’t press charges, then Arbery would have been released as he technically didn’t commit a crime.
Where does it say something has to be taken and where did the hammer come from?
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
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.
GA Code § 16-7-1 (2014)
(b) A person commits the offense of burglary in the first 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 dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony
Given the fact that they weren't arrested until the hue and cry emerged, yeah, political prisoners sounds about right. If they were prisoners of actual law, they would have been arrested in February when the incident occurred.
Waiting till May makes it a political arrest for a political cause.
Oh barf.
If they were prisoners of actual law, they would have been arrested in February when the incident occurred.
Maybe it took the state to send in competent investigators and a competent prosecutor before justice was done and these two were held over to await trial. If evidence shows they're innocent then they should walk free. If not then they're facing years in jail. In neither case can anyone in their right mind classify these two as 'political prisoners'.
The key phrase:
“If the offense is a felony”
Trespass in Georgia is a misdemeanor. There is no evidence that Arbery committed burglary that day.
Where is the evidence that Arbery intended to commit a felony? There isn’t any. George McMicahel said he thought Arbery was armed. If so, why was George standing in the back of the pickup fully exposed? If Arbery was armed, why did Travis move towards him at the front of the vehicle when Arbery ran to the right of the pickup? A sane man would have moved to left of the pickup for cover when Arbery ran to the right. A sane man wouldn’t be standing in the box of the pickup fully exposed.
You are making broad generalizations about what sane men will do in potentially dangerous situations.
Your comment supports your world view, true. But is either true?
“You are making broad generalizations about what sane men will do in potentially dangerous situations.”
George was a retire police officer with years of experience. The last thing one would expect an experienced police officer to do when being approached by an armed felon is to stand in the back of a pickup box with his revolver still in his holster. George told police they grabbed their guns because they believed Arbery to be armed but they both acted as if they believed he wasn’t. I do not for a second believe that anyone here would say they would just stand their in the open fully exposed by an armed felon was running at them.
Looks like Georgia law says he committed the felony when he entered a private residence. I’ve never heard he was armed but I’m sure curious where the hammer came from.
“...and even then it’s up to the owner of the property to decide that and we’ve heard nothing from the said owner.”
You’ve not been following the news, then.
https://www.wtoc.com/2020/05/11/homeowners-attorney-arbery-familys-attorney-respond-new-video/
Thanks! I just read that news not long ago.
So, what you are saying is that if Arbery had just stopped (as Mr. McMichael kept asking him to do) and waited for the police, then he would be a free man.
Au contraire. He would be the BEST choice to have make a citizen's arrest.
1. He knew the subject and his previous criminal history.
2. He knew the laws about open-carry.
3. He knew the law about citizen's arrest.
4. He knew more about THE LAWS concerned in this case than just about anyone you could ever pick at random from you neighborhood.
5. His chance at placing someone under citizen arrest and getting the police to respond and investigate are probably ten times better than if it was you or I.
I think he was dealing with three OPTIONS.
He recognized the older man in the back of the pick up. The older man recognized him. There was no easy way out. There would be no 'id' problem. That older man in the truck knew his name and his previous crimes. Flight was out of the question, the only thing left was Fight.
1. He could get the gun, kill them both and escape.
2. He could get in a struggle, get injured, and live like a king off the lawsuits.
3. He could die. It was that or go to prison.
No. Arbery used his race card. Got his lawyer to claim that Arbery shouldn't be held responsible for his criminal behavior because he had mental issues caused by oppression... you dig?
Law enforcement officers - especially wildlife officers - approach visibly armed and potentially armed men everyday for the purpose of arresting them with their pistols in their holsters and their long-guns secured in the trunks of their cars.
You are making up stuff to support your world view.
And those patrol cars are not usually up-armored.
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