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To: Trump.Deplorable
Honestly, his past has nothing to do with his murder. It won’t even be presented at trial.

You are certainly correct in that Arbery's past is completely inadmissible in a court of law - if they were actually following the laws.

By that same notion, Arbery forfeited any claim to "self defense" when he ran up and attacked Travis, which he rather clearly did. It's all on the video.

The situation devolves into "mutual combat". At most, Travis McMichaels goes down for an "involuntary manslaughter" charge. Possibly he walks on his own "self-defense" claim. Murder conviction? No.

That's all if they were were actually following the law. Which they are not.

130 posted on 05/27/2020 2:08:57 PM PDT by flamberge (The wheels keep turning)
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To: flamberge

You are certainly correct in that Arbery’s past is completely inadmissible in a court of law - if they were actually following the laws.


This is incorrect, he did NOT run up to Travis, if you watch the video he avoided Travis and Travis moved to where Arbery was running.

Watch the video again, you are missing the key evidence that disproves your theory

The situation devolves into “mutual combat”. At most, Travis McMichaels goes down for an “involuntary manslaughter” charge. Possibly he walks on his own “self-defense” claim. Murder conviction? No.


Again, incorrect, it was not mutual combat and it was felony murder because McMichaels committed the crime of Felony Assault on Arbery. That wipes Manslaughter out the window and here comes Felony Murder, which the DA charged the McMichaels with

That’s all if they were were actually following the law. Which they are not.


They are following the law, which is why the McMichaels are facing felony murder charges for the felony they committed.

O.C.G.A. 16-5-21 (2010)
16-5-21. Aggravated assault

(a) A person commits the offense of aggravated assault when he or she assaults:

(1) With intent to murder, to rape, or to rob;

(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or

(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

(b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

(e) (1) As used in this subsection, the term “correctional officer” shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term “correctional officer” shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.

(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar.

(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

(k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(l) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term “officer of the court” means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter or probation officer.


133 posted on 05/27/2020 9:21:43 PM PDT by Trump.Deplorable
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