It’s a tricky case; they are not being charged with 1st degree murder, but felony murder. The point of contention is whether, by aiming their firearms at Arbery while trying to make a “citizen’s arrest”, this constituted aggravated assault by the defendants that Arbery was justified in responding to with force.
If the jury thinks that is the case, then Arbery died while the defendants were committing a felony, and they are then also guilty of felony murder. If the jury thinks that pointing a gun in that context is not unlawful, then they should be found innocent.
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