Posted on 11/24/2021 5:36:25 PM PST by HogsBreath
There were five key arguments the court ruled could not be presented to the 12-juror panel who will decide the fate of the three white men charged They included Arbery's mental health records and criminal history, and the fact that trace amounts of THC were found in his blood after his death The judge also refused evidence claiming Arbery was known as 'The Jogger' because he would jog to convenience stores, and run out with stolen goods
(Excerpt) Read more at dailymail.co.uk ...
Doesn’t matter. None of that matters.
The guy was trespassing. That’s not a capital offense. These guys were idiots.
How are stolen sneakers, even if he stole them ten minutes before relevant to the case in question of trespassing on a home being constructed?
It’s not.
The best thing those two could have done is inform Avery the cops were called and they were going to observe. Avery would have ran for his life at that point and their dealings with him would have been done.
Maybe there was additional, sensitive information in the records you handled as opposed to simply someone’s arrest record, but unless they were a juvenile or the record is expunged or sealed they are pretty much public record. There are websites where you pay them and they’ll pull someone’s entire police record. People are posting the record of that guy who ran over all those people the other day all over the place.
“Chasing someone is not shooting someone. Big difference. The decedent was only shot after he ran towards the man holding a gun and started to attack and attempt to disarm that person.”
Three men in two trucks chase you down aiming a shotgun at you, while calling you names, you would stop, apologize and get on your knees?
Like they say out here in LA. Be a good citizen (don’t try to stop the criminals).
I would do one of several possibilities.
1. I would stop and put my hands up.
2. I would run back the way I had came.
3. I would attempt to interpose the vehicle or some other obstacle between me and the shotgun.
4. I would scream for help to attract attention.
5. I would continue running past them.
The one thing I would absolutely under no circumstances do, is rapidly close the distance and attempt to wrest the shotgun away from the man holding it.
The idea would not even occur to me. Of course now we know that not only was Arbery diagnosed with a mental illness which appears to be some form of schizophrenia, but he was off his meds and high on weed.
I get it that Avery was a petty criminal, but you cannot hold him accountable for his other acts in this act.
They weren't trying to hold him accountable, they were just trying to detain him until cops arrived, then the cops could hold him accountable.
If you interrupted a crime, there is no crime. That’s the law.
Wait, what? That doesn't make sense.
I can tell you, from having talked to officers, that all that would have happened to him is that he would have been held for a couple of hours and then let go.
Very likely true. Which makes you wonder why he was so intent on preventing that to the point where he was willing to charge someone with a shotgun.
“That’s not a rap sheet.”
No, it’s just a listing of all the charges for their current incarceration, but the point is it’s not private information.
Thank you for correcting me.
The first DA refused to prosecute.
I think several DA's refused to prosecute. They had to search around to find one willing to do it.
And I think I read something about them trying to file charges against the other DA's who wouldn't prosecute.
You are very much mistaken.
https://freerepublic.com/focus/news/4015174/posts?page=183#183
Do you think those booking reports are criminal histories? Since you seem to think they are, could you tell me how many times that first guy had been arrested? Convicted? Or found not guilty? In my state, they are so confidential, if a cop accesses a criminal history without an official reason to do so, he has committed a misdemeanor.
I’m talking about the shooting incident. The decedent was never shot until he charged and attacked the person with the gun. No? Not a very clever thing to do. Especially for an innocent jogger.
Some guys aren’t betas.
If you interrupted a crime, there is no crime. That’s the law.
Wait, what? That doesn’t make sense.
That’s the law. You have to complete a crime for there to be a crime.
Whatever Avery’s intent was, he did not complete his intent. The most that he could have been charged with was some trespassing crime. He could not have been charged with burglary or any theft, because there was none, even if that was his intent when he entered the premises unlawfully.
At worst, he was facing a penalty of being a nuisance, like trespassing. Hardly a crime that is worth pointing a shotgun to. You just tell the guy to get lost because the cops were called.
If you were jogging in a some neighborhood and someone has a gun and telling you to stay put until the cops arrive, would you charge the person with the gun and attempt to disarm them?
“I’m talking about the shooting incident. The decedent was never shot until he charged and attacked the person with the gun. No? Not a very clever thing to do. Especially for an innocent jogger.”
The kid was running. He was chased down by armed men in trucks. You can’t just start the narrative with the ‘shooting incident’. Things proceeded that.
If you were in that situation, minding your own business, even if guilty of something, would you just kneel down and beg for your life, or fight for it?
“I think the verdict was correct. Detention of a suspect waiting for police is one thing. Reasonable suspicion is a triable fact.”
Although I don’t know all the facts in this case, I suspect the jury reached the right decision. However, I do not believe it is okay to even detain someone on “suspicion” unless you are a law enforcement officer. I believe that would be kidnapping. I believe you must have witnessed the suspect commit a serious crime. In Texas, where I live, a “citizens arrest” is only lawful when the witness is of crimes that carry a minimum of one year incarceration upon conviction.
In other words, you can do a citizen’s arrest if you witness a murder, attempted murder, rape, or aggravated felony like armed robbery. Also, you must actually be capable of detaining the person. And you can only hold them until police arrive. You can handcuff them or otherwise restrain them, but I don’t think you can imprison them.
“Did he think they were going to kill him?”
Would you? Maybe they were trying to give him a Watchtower.
That wouldn't surprise me. BLM et al are very powerful terrorists and some will kneel to them.
Oh please. A bunch of shotgun wielding yahoos who didn’t witness him stealing anything. Was the kid a thief? Probably. But chasing him down in a couple of pickups and trying to corner him? Idiotic.
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