You are making a strawman argument. Obviously, even the POLICE can’t shoot a burglar running from the scene. The LEGAL issue is, did the McMichaels have a right to pursue a fleeing burglary suspect? Answer: Yes. Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him? Yes. This video clearly shows:
1) Arbery was NOT jogging when he arrived in front of this home.
2) Arbery looked around to see “if the coast was clear” before entering the house.
3) Arbery went through, the garage door, side door, and front door and was in the house for four minutes.
4) Arbery, apparently seeing the neighbor on his phone, bolted down the street—I mean, you can barely SEE HIM he ran so fast.
This is PROBABLE CAUSE under any definition. And, btw, Arbery charged at younger McMichael and tried to grab his shotgun. Not guilty
The details are murkier so far with the Waycross case but Arbery merely tried to grab the shotgun. We need more information to make sense of this case.
It seemed to me that in the first video, Arbery can be seen struggling with one of McMichaels men, attempting to gain control of McMichael’s gun.
If that’s the case, it would appear the use of force was legitimate: he wasn’t shot for being a burglar, he was shot because he was trying to gain control of someone’s weapon.
Seems like straightforward self-defense at that point.
You are making a strawman argument. Obviously, even the POLICE can’t shoot a burglar running from the scene. The LEGAL issue is, did the McMichaels have a right to pursue a fleeing burglary suspect? Answer: Yes. Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him? Yes.
That’s my take on it too.
You still can’t confront someone in the street with a gun. Your house? Yes. Public street? Not likely. Father and son are still guilty and probably going to jail.
>>Obviously, even the POLICE can’t shoot a burglar running from the scene.
Correct, however if an officer is detaining a suspect and said suspect lunges at the officer and tries to grab the gun (from his holster), what then?
You can’t holster a shotgun.
I’ve asked on other threads is this “brandishing a weapon”.
Eric Holder didn’t think so when the paramilitary Black Panthers terrorist group stood outside a polling center on election day and intimidated voters.
“Yes. Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him?”
Actually, no.
“O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”
Arbery didn’t commit a felony and neither father or son had seen him do so nor did either have immediate knowledge that Arbery had committed a felony. At worst, Arbery committed a misdemeanor. In Georgia, burglary
is a felony while trespass is a misdemeanor.
https://mail.yahoo.com/d/folders/1/messages/AJW2NoFQnsZkXrdVrg53IMQNdUk
At 1:12 Arbery takes a swing at the man with the shotgun and just misses or hits his head. Assault or assult and battery preceded his being shot.
This was a pretty dumb thing to do. He should have said I will wait for the Police and we will sort this out.
Agreed! He panicked and tried to wrest the shotgun away. If you take a gun to a school, why isn’t he in prison? That is how you stop school shootings.
So every time I see a strange person leave my neighbor’s property I should assume that person is a burglar? How did these 2 shooters know that the jogger didn’t have the owner’s permission to be there?
This never would have happened if those 2 would have minded their own business. If they’re going to say the jogger went for the gun, maybe he was trying to avoid getting shot himself. I’m not going to waste one ounce of sympathy on these 2 jerks that give responsible gun owners a bad name.
No. Under GA law, you must WITNESS a crime to make a citizen's arrest. Because they did not witness him committing a crime, that had no legal basis--under GA law--to pursue him.
Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him? Yes.
No. Again, GA law requires a person to WITNESS a crime before they can make a citizen's arrest.
The McMichaels did NOT witness the crime, thus they had no legal basis--under GA law--to detain him.
Because they did not witness the crime, what they did--pursue and detain--was illegal under GA law. They could actually be charged with performing an illegal citizen's arrest in GA.
Different states have different laws. That's the law in GA.