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To: ChicagoConservative27

Followed the case semi-closely. The whole thing stemmed from the McMichaels attempting to effect a “citizens arrest” of Arbery, but under Georgia law, they needed “immediate knowledge” of a felony, which they basically admitted that they didn’t have. They suspected (correctly) that Arbery had entered a house under construction (the felony, burglary), but the McMichaels basically admitted that they had a suspicion and wanted to question Arbery, they didn’t actually see him enter or leave the house.

So they didn’t actually have the legal right to detain or arrest Arbery, making their use of force illegal. So the McMIchaels are probably rightly guilty. Bryan was basically along for the ride, and it would not be surprising if he’s acquitted.


13 posted on 11/23/2021 9:33:20 AM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: absalom01

That’s the problem with the trial — the prosecutor and the judge have misinterpreted the citizen’s arrest statute, and the jury has been wrongly instructed. There is immediate knowledge “or” prior suspicion, but the state and the court have told the jury it’s both (”and”).

The defense lawyers have objected, and it likely will form the basis for an appeal and mistrial if any are convicted.


38 posted on 11/23/2021 9:58:05 AM PST by twister881
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To: absalom01
So they didn’t actually have the legal right to detain or arrest Arbery, making their use of force illegal.

Bullsh*t. They didn't "detain" him. And by "detain", I mean grab him physically. You cannot "detain" someone by yelling "stop!" Arbery was not detained, he could have continued running. He also was not "arrested" as in stopped from moving.

And the use of force was in response to a violent attack. No force was used until after Arbery assaulted the man and tried to wrest his gun away from him.

107 posted on 11/23/2021 12:59:23 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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