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To: DrewsMum

I have to admit that I did not listen to the 911 call that closely. So the answer is no, I don’t know what Mr. McMichael was referring to.

The issue is whether the suspect charged at the guy with the shotgun because he was acting in self-defense, or whether he charged the guy with a shotgun because he didn’t want to get caught and go to jail. The fact that he could hear sirens coming suggests that he knew we was busted

The defendants are charged with first-degree murder. There are two types of first-degree murder. The first type is premeditated murder. That obviously did not happen in this case, because if the defendants intent was to kill the suspect, they would’ve shot him immediately. The second type of first-degree murder is called felony murder. Under the felony-murder doctrine, if two or more individuals conspire to commit a felony, and a death occurs in the commission of that felony, they are guilty of first-degree murder, even if neither one intended to kill anybody. In this case, the defendants are charged with aggravated assault, which is a felony under Georgia law. In order to assault someone, the victim has to be placed in fear. The suspect in this case is dead and therefore cannot testify as to whether he was placed in fear. Basically, the prosecutor would have to prove that the suspect was a victim of an assault, that he was placed in fear by the McMichaels. The defense will argue he was not placed in fear, but rather attacked the guy with a shotgun because he was trying to escape and not go to jail.


214 posted on 05/15/2020 4:33:12 PM PDT by bort
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To: bort

I think the fact he “jogged” directly towards the truck is evidence under he wasn’t scared at all. Why didn’t he turn around and run the other way? Because I car was following him?
Nah... because that was the direction the cops were. And he was at a dead end.


215 posted on 05/15/2020 5:51:35 PM PDT by DrewsMum
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