Also, the right to arrest does not include the right to use or threatened to use deadly force for the commission of a non-violent crime. So, while the defendants arguably would have had the right to go up to Arbery and simply grab him, they never had the right to point a gun at him to compel him to stay in their custody.
Harmless error on the instruction.
Well, burglary is a felony, regardless of the value of anything stolen, or even if nothing is stolen at all. As I understand it, that’s really at the legal crux of the matter: did they have legal standing to attempt to effect an arrest at all.
The reasonableness of the use of force has to be seen in light of the legality of the attempted arrest, at least as I understand the matter.