“Ga law: it is a violation § 16-5-41 (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.”
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Dude, you’re chasing a non-existent squirrel that the media painted a picture of. Arbery was not arrested, nor was he confined, nor was he detained. I did, however, see Arbery rapidly charge another man and attempt to wrestle a loaded shotgun from him.
vg0va3: “Ga law: it is a violation § 16-5-41 (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.”
House Atreides: “Dude, you’re chasing a non-existent squirrel that the media painted a picture of. Arbery was not arrested, nor was he confined, nor was he detained. I did, however, see Arbery rapidly charge another man and attempt to wrestle a loaded shotgun from him.”
I think “Ga law: it is a violation § 16-5-41” will be the battle in court. I did read an article a lawyer stated they the defendants were making a citizens arrest. I also read where the defendant saying they told the Ahamaud they only want to talk to him. The Prosecution would have to prove the citizens arrest happen.
Looks like McMichael lawyer was the one who raise the citizen’s arrest law. The arrest might be a non-existent squirrel.
If no detain without legal authority this is down to self defense. Can the defense use that video as evidence of the Ahmaud combative behavior?
I am looking specifically at the circumstances.
As the video comes around the corner Arbery is on the left side of the ride approaching the driver side of the truck. He then runs to the right side of the truck away from the guy standing in his path with the shotgun.
The guy in the truck is aiming at Arbery as he runs around the passenger side of the truck.
The guy on the driver's side moves around the front of the truck to confront Arbery as he runs around the passenger side. The guy on the ground would have been considered retreating if he had stayed on the driver's side or move to the rear of the truck. The movement of the guy on the ground constitutes simple assault in GA O.C.G.A. §16-5-20.
At that point, Arbery is legally allowed to defend himself. § 16-3-21 A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force;
The guy on the ground is not protected by GA stand your ground law.
A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1)Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
BTW. The act of cornering him beside the track was to confine him and detain Arbery.
See you at the courthouse, Dude.