In Georgia, Felony Murder can be applied to a person not committing the act but present and involved in the crime.
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No, “felony murder” means, in the context of this case, that the elder McMichael was conspiring with his son to commit a felony, and as a result of that felony, even though dad did not kill Arbery, he is held liable under the felony-murder rule. The typical felony murder case is the get-away driver in a bank robber. The co-conspirators go into the bank and kill the teller. All co-conspirators guilty of felony murder, even the ones who did not pull the trigger. Terry Nichols of OKC bombing fame/shame is a perfect example. His defense at trial was “Terry Nichols wasn’t there (in OKC).” Doesn’t matter. He conspired with Tim McVeigh and is thus guilty of murder. My point: There has to be an underlying felony separate and apart from the shooting that led to the shooting. So my question stands: What felony did these guys commit BEFORE the gun went off?
Easy peasy...... NONE.
Yes, I agree.
The argument of false imprisonment rests on preventing him from leaving, but is that a felony? I don’t know. It seems to me the ‘citizen’s arrest’ situation is unclear. The law says something to the effect ‘witness or have immediate knowledge’ and it is not known how the defendants found out about the trespass. Did they have a video feed, or access to one? Would they have to have seen it real time to claim ‘immediate knowledge?’