Posted on 05/12/2020 4:06:10 PM PDT by conservative98
Look, the fact is we know shit about the specifics of this case. Did the father begin the chase? Did he yell for his son to get the guns and get in the truck? There are a LOT of factors here and every second will be reconstructed. Until then we’re just a bunch of people typing shit on their keyboards.
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Your point is well-taken. We do need more facts about the incident and legal environment in GA. Unfortunately, everybody is looking at this case in generalities. As an attorney, I look at the law and try to apply it. These guys are charged with first degree murder. I think a lot more attention needs to be paid to the fight over the shotgun than other matters. Did the defendant point the shotgun? Did he say “stop or I’ll shoot”? How tall is Arbery? And was he trying a “sneak attack” around a jacked up pick up truck to take the defendant by surprise? BTW, I was sitting around with 4 other defense attorneys today, and all of us agreed 100% that the case against the Dad is laughable. As to the son, we all agreed we needed more facts but, assuming the DA’s exoneration letter is accurate, he likely did not commit a crime.
I’m not convinced there were any deliberate shots. All of the shots caught on camera we’re in the middle of a struggle for control of the gun. He was barely hanging on to the shotgun while the thug beat him in the head and grabbed at the gun.
Don’t have to. The stop itself was illegal. Anything that happened after the stop is on the defendants, not the unarmed dead guy.
“It could be argued that the “confrontation “started when Arbery was caught trespassing.”
Not in any court of law, it can’t! You cannot pursue someone and then claim self-defense.
I almost wish they would try that whatabout crap in court.
As an attorney who has prosecuted/defended thousands of cases, including murder cases, please explain for me exactly how the elder McMichael, who did nothing but stand in the back of a truck and did not shoot his gun (or even draw it until the shotgun went off) is guilty of first degree murder. Seriously, I would like someone to explain to me how you are a murderer for standing in a truck
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It’s called felony murder, counselor. You must have been sick on day one of law school.
I’ll give you this though. You remind me of one of the funniest lines from Gomez Addams in The Addams Family. Gomez is asked what he does for a living.
He replies, “ I’m an attorney. I’m responsible for more men behind bars than anyone else in the state.”
He is then asked, “ so you are a prosecutor?”
Gomez answers, “ No. Gomez Addams, attorney for the defense!”
I didnt see a hammer? where is it? If he swung a hammer ....then absolutely self defense. NOT guilty to the rednecks.
And carrying a hammer. Everybody I know carries a hammer when they’re out for a jog
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I have to admit, I have not seen a hammer. Do you have proof of this you can post? The only “hammer” that I’ve seen was a picture of a blurry object in the road. I watched the video and that object appears to be laying in the road before Arbery passed the object. To me, I though the object was rubber black tie with hooks that are used to secure boat covers and the like.
I have yet to read the exact distance. I have read a range of miles 10 - 15 miles. For whatever reason that exact distance is immaterial to the SJWs. I see no signs of fatigue or need of water in the video that caught the so called jogger inspecting new construction.
He wasn’t technically shot in that sense. He was wrestling for a gun, and he was handling the barrel end of that gun, and several times he pulled it and it went off, hitting him in the hand, and then the chest.
As soon as he let go of the gun, the man holding the gun pointed it directly at the ground, even though the man pushed him again, and then started running away. It was pretty clear at that point that the son was not trying to kill him, if he was, he would have been raising his gun to shoot the guy again, not letting him run away.
Yes, and I think this whole case is needlessly complicated by people picking over the circumstances leading up to the actual shooting. They're all moot, because he hadn't done anything to warrant being confronted the way he was. For the sake of argument, suppose some stranger approaches you with a shotgun in the street and demands you stay where you are? What is the extent of your right to defend yourself against what is an unlawful act? Trying to grab the gun might be foolish, but does it give your would-be false arrester the right to defend himself by killing you? In fact, under that scenario, you are the one defending yourself.
They say they know he went into a construction site, into a house being built. THey say he came out with nothing, so that means he didn’t steal anything.
WHat I want to know, for completeness — was there anything in the house under construction that would have been easy to steal, and worth stealing? Or had the construction company locked everything up because of the fear of people stealing the stuff.
I’ve wandered into houses under construction before, it is fascinating, but usually I don’t see tools and stuff lying around.
But was there anything there he could steal?
He was running with it. He dropped it in the street just before he made the left head fake at the pick up and then hooked around to the right to attack the guy with the shotgun. When the camera seems to drift off to the right as the guy is following him down the street, he focuses on the hammer for a few seconds, they move the camera back to the left and back onto the move the guy made at the truck. He stole the hammer, dropped it, and then tried to get that guys shotgun away.
Either that, or he just normally carries a large hammer while he’s running
In Georgia, Felony Murder can be applied to a person not committing the act but present and involved in the crime.
I have not seen the video, but have heard descriptions. My question is this: Apparently the deceased ran at and attacked the fellow with the gun. Did this not become self defense at this point? Under what circumstances WOULD it become self defense?
Let’s take the weapons out of this. Two fellows try to stop a guy they, in good faith, believe have stolen from them and hold for the police. The guy attacks and beats them up. Battery? Assault? Maybe I’m missing something, but it looks to me like the difference is the defendants had weapons to keep from being beaten by the deceased.
It’s called felony murder, counselor. You must have been sick on day one of law school.
I’ll give you this though. You remind me of one of the funniest lines from Gomez Addams in The Addams Family. Gomez is asked what he does for a living.
He replies, “ I’m an attorney. I’m responsible for more men behind bars than anyone else in the state.”
He is then asked, “ so you are a prosecutor?”
Gomez answers, “ No. Gomez Addams, attorney for the defense!”
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And you remind me of ass-weasel clients I have who think they know more than I do (and then get teed up in court). I will make this brief, since you probably have to get back to your job at the county dump. I am very aware of “felony murder.” Perhaps you could explain to me what the underlying “felony” is that either of the McMichaels was committing? Standing in a road with a shotgun is legal in Georgia. Chasing a fleeing criminal suspect is absolutely legal. Standing up in the back of a pickup truck is legal. You are a trolling ass-weasel who posts nothing but insulting comments. Go comment at The Root.
“He was no jogger.”
If it is true he was not a jogger, then who developed that narrative and why was the narrative spread?
Who would benefit from a false narrative?
Was the false narrative designed to help the accused? Or to harm the accused?
The video from Stefan Molyneux which may have been deleted, showed a map from perp’s mom’s house to house under construction, it was 10 miles but of course no one has mentioned whether he could have been dropped off by someone long enough to case the house for later that night.
In Georgia, "A person is not justified in using force...if he...initially provokes the use of force against himself..."
It was an illegal stop.
Uh... That’s still only three.
/jk
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