Posted on 05/20/2020 11:35:49 AM PDT by GuavaCheesePuff
Around 1 p.m. on Feb. 23, a warm Sunday afternoon a couple weeks after the Super Bowl, yet another unarmed black man was killed in the United States.
Ahmaud Arbery, an avid jogger, left Brunswick, a primarily black city in southeast Georgia. Running through the predominantly white neighbouring community of Santilla Shores, Arbery was chased down in a truck, confronted and fatally shot by George and Travis McMichael, a father and son who allegedly believed Arbery was responsible for burglaries in their neighborhood.
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Form the beginning, you have been saying that the father son team was not guilty of the offense they are charged with.The State of Georgia implies via the fact that they are charged and arrested that they can and will prove these charges in a Court of Law at the appropriate time. How can you be in agreement?
This is accomplished by linking, citing, and quoting the actual Georgia statutes.
2018 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 4 - Arrest by Private Persons
§ 17-4-60. Grounds for arrest Universal Citation: GA Code § 17-4-60 (2018)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.
Were there reasonable and probable grounds of suspicion of the felony of second degree burglary? Felony second degree burglary does not require a taking, but requires an intent to commit theft. Suspicion does not require a firm belief.
2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 7 - Damage to and Intrusion Upon Property
Article 1 - Burglary
§ 16-7-1. Burglary
Universal Citation: GA Code § 16-7-1 (2018)(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
Were there reasonable and probable grounds to suspect second degree burglary, a felony? The elder McMichael was an investigator, recently retired, for the DA's office and likely knew of Arbery's record for attempted theft.
Where do you practice law?
If a gun was seized, grabbed, or attempted stolen, that person(s) also became armed.
Where do you practice law?
At a Holiday Inn Express. Where do you go to school for remedial reading?
Georgia citizen's arrest law appears to go back to the civil war era. The current law is loosely written to a standard of reasonable and probable grounds of suspicion.
Why are you unable, or unwilling, to consider the actual statute? Georgia should rewrite that statute, but it is what it is.
2018 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 4 - Arrest by Private Persons
§ 17-4-60. Grounds for arrest Universal Citation: GA Code § 17-4-60 (2018)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.
- - - - - - - - - -
suspicion. (14c) The apprehension or imagination of the existence of something wrong based only on inconclusive or slight evidence, or possibly even no evidence.reasonable suspicion. (18c) A particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity.
suspect, vb (15c) 1. To consider (something) to be probable. 2. To consider (something) to be possible. 3. To consider (a person) as having probably committed wrongdoing, but without certain truth.
reasonably suspect. (17c) 1. To consider (something) to be probable under circumstances in which a reasonable person would be led to that conclusion. 2. To consider (someone) as having probably committed wrongdoing under circumstances in which a reasonable person would be led to that conclusion.
Black's Law Dictionary, 11th Ed.
Which law dictionary did you use to construe the words and terms of the statute?
The concept of citizen's arrest dates back to common law England.
At this point in time, I have no interest in Georgia's Citizen's arrest law. I am in Alabama.
There are however, three words you aspiring Clarence Darrows fail to grasp. To wit} Witness a crime. The two, well three musketeers witnessed no crime. Allegedly, one of them saw an individual on property owned by someone else and then run down the road. The individual who owned the property in question did not lodge a complaint against said individual. No complaint. No crime. No crime reported. No pursuit warranted. The defendant[s] had no legal cause or grounds to attempt to apprehend the victim.
The Head of the Georgia Bureau of Investigation Stated that once they were asked to enter the case they reviewed the investigation file of the case, looked at the video, conferred among them selves, agreed a provable in court crime had been committed, obtained the warrants and made arrests.
Any disagreements, and apparently they are legion, should be directed to the attorney General of Georgia. He has the power to do something about the complaints. I do not.
Tell the DA that
First of all, I don't give a F***! what GBI claims is the law. They don't get to decide what is the law. They can only "suspect" lawbreaking, a Court decides.
You have a bizarre idea that "arrest" means "conviction", and this is absolutely incorrect.
The facts are such that no reasonable person could convict any of these people of "murder" under Georgia law, and so this is simply a "show trial" for political reasons, and not factual legal reasons.
If there was anything to it, one of the first four District Attorneys would have taken the case.
The "State" is going to lose this thing in court unless the Jury is stacked with Liberals and Idiots, which I am sure the prosecution will push for.
She won’t care whether or not it’s crap. She has a political football, and she is going to run with it. She doesn’t care what is the truth, and apparently neither do you and some others.
This is incorrect. You need to stop repeating a falsehood. They witnessed the crime of "trespass" and they witnessed the crime of "assault with a deadly weapon." ( Meaning Arbery attempted to grab the gun.)
They also had prior knowledge of this particular individual on video committing previous crimes, and previous knowledge of at least three thefts in the neighborhood.
So once again, stop repeating falsehoods.
* Altercation
* Gun grabbing, gun held
* Both armed
Well you are the one supporting murder because you don’t like the victim or think he wasn’t a perfect being.
It was murder, they were charged with murder, all three of them are now charged. So let the Jury decide.
It wasn't murder. It was a homicide, and so far as i'm concerned, the assailant committed suicide.
And do I feel bad that a piece of sh*t got himself killed by being stupid? No I do not. I wish more pieces of sh*t would get themselves killed trying to take a shotgun away from an armed man.
It was murder, they were charged with murder, all three of them are now charged.
Roger Stone and Michael Flynn were also charged with crimes based on bullsh*t accusations. They aren't guilty, and neither are the two McMichaels.
Fool killed himself.
The man was shot three times, at the point he was defending himself.
He jogged away from the man with the shot gun, but the man with the shot gun met him in front of the truck, as depicted by the video
So, yes, the shotgun man was in his face and yes shot gun man fired a shot at the jogger
then he fired two more shots
Daddy checked the jogger’s body for the “missing gun” from shotgun man’s truck. The jogger didn’t have the gun.
This is murder and that is what is going to be presented to a jury
To claim Arbery was defending himself is a blatant lie. Arbery did not "defend" himself. He attacked another man.
People who want to believe his killing was unjustified keep trying to force "Running and punching a man with a gun" into an assertion of "defending himself", but this is the sort of lie the communists would try to propagate.
No, Arbery was not "defending himself." He was the initiator of physical aggression.
No, he didn't have to attack anyone. He could have sat. He could have ran back the way he came. He could have simply walked on by.
The man hunting down Arbery because he believed he stole his gun out of his truck a month ago, who shot him three times and his daddy disturbed the body looking for the gun. None was found on the jogger. He was the aggressor and initiator of the confrontation
The DA agrees with me, they are the ones sitting in jail right now awaiting trial. If it turns out they planned this killing and try to make it look like self defense, I hope they all get the chair
Good luck
At this point in time, I have no interest in Georgia's Citizen's arrest law.
In regards to this case, the Georgia law is paramount, and the legality or criminality of the attempted arrest will be the crucial point.
Allegedly, one of them saw an individual on property owned by someone else and then run down the road.
As a matter of established fact, Waycross District Attorney, George Barnhill, in Glynn county, found:
Third
It appears Travis McMichael, Greg McMichael, and Bryan William were following, in 'hot pursuit', a burglary suspect, with solid firsthand probable cause, in their neighborhood, and asking/telling him to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal,OCGA 17-4-60 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.”
The opinion of the District Attorney probably holds at least as much weight as reports in the MSM, and is surely more admissible. It may give the Cobb County DA a headache.
The defendant[s] had no legal cause or grounds to attempt to apprehend the victim.
You are entitled to your opinion. It is an opinion, not a fact.
Any disagreements, and apparently they are legion, should be directed to the attorney General of Georgia. He has the power to do something about the complaints. I do not.
I think you mean the District Attorney, a prosecutor, not the Attorney General. The Attorney General does not make charging decisions. A District Attorney from Cobb County was appointed prosecutor for the crimes alleged to have taken place in Glynn county. That would be the fourth prosecutor.
If the attempted arrest is found unlawful, then it was felony false imprisonment, and the killing incident to that crime was felony murder according to the Georgia murder statute.
If Bryan was an accomplice to the crime of false imprisonment, he is equally guilty of the crime of felony murder.
The McMichaels were charged (or mis-charged) with Murder (not felony murder) and Aggravated Assault.
Bryan was charged with Felony Murder and Criminal Attempt to Commit False Imprisonment.
Before it gets to trial, the charges against the McMichaels will likely be changed to what Bryan was charged with, if they feel they can prove Criminal Attempt to Commit False Imprisonment.
I have capitalized for emphasis.
Current through the 2019 Regular Session of the General Assembly and HB 276 and HB 444 of the 2020 Regular Session of the General Assembly§ 16-5-1. Murder; malice murder; felony murder; murder in the second degree
(A) A PERSON COMMITS THE OFFENSE OF MURDER WHEN HE UNLAWFULLY AND WITH MALICE AFORETHOUGHT, EITHER EXPRESS OR IMPLIED, CAUSES THE DEATH OF ANOTHER HUMAN BEING.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(C) A PERSON COMMITS THE OFFENSE OF MURDER WHEN, IN THE COMMISSION OF A FELONY, HE OR SHE CAUSES THE DEATH OF ANOTHER HUMAN BEING IRRESPECTIVE OF MALICE.
(d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
(e)
(1) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
(2) A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
Showing malice aforethought beyond a reasonable doubt may be difficult to impossible. Did the McMichaels have the requisite mental state to intend to kill Arbery?
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.
[...]
The prosecution is not even close to showing that either McMichael intended to murder, rape, or rob Arbery. Did either McMichael assault Arbery with a deadly weapon? Until Arbery charged Travis McMichael, was the shotgun pointed at the ground? Was Gregory McMichael's handgun holstered until Arbery charged Travis McMichael?
16-5-20. Simple assault(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsections (c) through (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.
[...]
If a McMichael assault charge were reduced to simple assault, it would be reduced to a misdemeanor, and could not provide the felony predicate for a charge of felony murder.
When the sensationalism and headlines die down, the prosecutor will likely change the charges against the McMichaels to Criminal Attempt to Commit False Imprisonment and Felony Murder.
Felony Murder requires a felony as a predicate, and a killing incidental to the commission of that felony. The crucial determination will be whether the attempted arrest was lawful or a felony. That the first three prosecutors did not find criminality complicates the prosecution for felony murder.
16-5-41. False imprisonment(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.
(b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
(c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
Did Bryan attempt to arrest, confine, or detain Arbery? Bryan is alleged to have unsuccessfully attempted to block Arbery's path.
https://www.yahoo.com/news/man-filmed-arbery-shooting-video-115017009.html
The Glynn County police incident report says Gregory McMichael told an officer that at one point Arbery “began running back the direction from which he came and 'Roddy' attempted to block him which was unsuccessful." It's the only mention in the police report of any potential involvement by Bryan.
16-4-1. Criminal attemptA person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.
Did Bryan perform a specific act with intent to commit a specific crime?
Is there any evidence that Bryan was part of a three-person conspiracy to commit a crime? No charge of conspiracy has been made.
The Affirmative Action Prosecutor, during her interview on T.V., replayed on youtube alluded to what type trial would be held when she stated, Prior to the trial date me and my staff will get to know Amaud, the person. or words to that effect. Plus she stated that she had met with the family. All pretense of fairness, neutrality, of a neutral trier of fact to determine the truth have went out the window. All that remains for this to be a Soviet Era Show Trial is to have an Affirmative Action Jury. And that is in the realm of probability/
This entire prosecution is political. Mr. Arbery was a criminal who clearly was in the act of committing a crime. He was not a jogger. Just because his burglary got interrupted by a neighbor does not make it less of a burglary.The initial prosecutor was correct and not bringing charges.
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